Pennsylvania has enacted new child support guidelines which will become effective May 1, 2017. These guidelines may affect your child support. You may want to determine whether or not your child support is subject to change under the new child support guidelines. Please let us know whether we can be of any assistance in this regard. Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

The term “Parental Alienation” is frequently used in child custody disputes.  There is some debate as to whether or not Parental Alienation is actually a psychological disorder.   Regardless of whether or not parental alienation is a classified, clinical disorder, divorced or separated parents must be sensitive to the harmful effects on children when one parent tries to alienate the children from the other parent. Parents may be alienating their children from the other parent without even realizing it.  Among the  ways that  parents may unwittingly  cause parental alienation  are: letting the children decide when and if they want to see the other parent, using children to communicate with the other parent and failing to share information with the other parent- such as schooling, medical issues, and activities.   Other ways include  refusing to let the children take clothing, toys, and other personal belongings back and forth between parents’ homes, failing to be flexible with custody schedules  or reacting with hurt or sadness when the children report  having enjoyed  their time with the other parent. In short, any attempt by one parent to marginalize the role of the parent in the children’s lives may l adversely affect the children.  Whether it is considered “Parent Alienation” or not, a parent does his or her child a disservice by failing to recognize the equally important role that the other parent has in the life of the child.   Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

When divorce includes property division claims, one of the more difficult tasks is determining how to value the assets, which must be done unless the parties can agree on values. For real estate we usually need a formal appraisal, although sometimes a realtor letter will do.  To get net value, we need payoff statements for all mortgages, liens and tax balances. For bank and securities accounts, we need copies of statements for the relevant dates, which may be as of date of marriage, opening of the accounts, date of separation and presently.  Your lawyer will advise which is appropriate and necessary. For valuable personal property, such as jewelry, art, collections, antiques, electronics and the like, specialized appraisers may be needed, but they are expensive.  Home insurance policy addendums would be helpful. For retirement plans, lawyers usually engage a specialized actuary to calculate the values acceptable to a Court under our case law. All this may seem daunting, but our experience can help us work with you on it.   David I. Grunfeld Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

Just as there are laws regarding divorce in Pennsylvania, there are laws about marriage.  These laws address issues such as obtaining a marriage license, a required 3 day waiting period, obtaining a syphilis test and taking an oral examination.  There are restrictions on who individuals can marry, including, minors, incompetents, persons under the influence and relatives.The laws also set forth who may officiate over a wedding, what is done with the marriage certificate after the wedding, and when is a missing spouse presumed deceased.  Provisions for annulling a marriage also exist.  Like divorce, getting married may be a little more complicated than you thought.  Ask our family law lawyers to help with any needed interpretation. David Grunfeld, Esquire   Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

In December 2015, the Pennsylvania Supreme Court held that under certain circumstances, a step-parent can be required to pay child support for his or her former spouse’s biological children.  To become responsible to pay child support, the step-parent must take affirmative legal steps to assume the same parental rights as the biological parent. (more…) Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

Retirement plans accumulated during the marriage are considered marital assets and are subject to division between spouses upon divorce.  In addition, the increase in value of retirement plans acquired before marriage are also marital assets. (more…) Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

The ever evolving world of technology has led our society to some amazing advances in efficiency, green resources, health benefits and education.  Technology also changed the ways in which humans interact through social media platforms, creating a new kind of connectivity.  For instance, the dating world has expanded through online dating websites.  While many may tout the benefits of constant interaction and access to a greater population of people, there have been some negatives too.  A new kind of marital misconduct has recently been in the news as a result of a different kind of dating service.  Ashley Madison, a website boasting the “world’s leading married dating service for discreet encounters” was hacked.  The identities of the website’s members were published after the hackers threatened to release the identities of those using the website whose slogan is “Life is short. Have an affair.”  On August 18, 2015, the hackers dumped 9.7 gigabytes of data obtained from the website.  For those users in Pennsylvania whose infidelity leads to a divorce, it is important to gain perspective from a divorce lawyer on the subject of martial misconduct. They can expect the issue of marital misconduct to be raised in a number of potential ways. (more…) Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

Prior to meeting with a lawyer for your family law related issues, you should consider gathering and preparing the following information: DIVORCE, CHILD AND SPOUSAL SUPPORT ISSUES Prepare a listing of your assets and debts, including bank accounts, retirement accounts, mortgage obligations, and credit card debt. Gather and organize copies of any financial information regarding your assets, income, and debt, such as tax returns, pay stubs, W2s, bank statements, brokerage statements, retirement statements, and credit card statements. Be prepared to discuss your income, including any benefits received through your employment, such as medical insurance, employer contributions to retirement accounts, and bonuses. Prepare a list of your monthly expenses, including mortgage/rent, utilities, car payments, insurance, food and clothing expenses. CHILD CUSTODY ISSUES Prepare a brief summary of each parent’s role as a caretaker of the children for your family law lawyer’s reference. Include the following categories: Managing medical/dental/eye care, such as scheduling and taking children to appointments; Educational issues such as selection of classes, homework, teacher conferences, career advice; Extracurricular activities, such as selecting the activities and participating in them; Religious training and education; Discipline; Transportation to school, activities and social events; Be prepared to discuss each parent’s work schedule and whether there is a need for child care.  … To find out more about what to expect when meeting your family law lawyer for the first time, contact Astor Weiss Kaplan & Mandel, LLP today by visiting their website. Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

You got your divorce decree or had your support or custody hearing, but that doesn’t mean that you won’t be seeing much of your family lawyer anymore.. In actuality, you may need to build a relationship with your attorney until each of your children turn 18. Here are some things to think about. (more…) Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

Same-sex marriages are now recognized in Pennsylvania. As a result of this recent development, same-sex couples now have more opportunity within the area of estate planning.  Any individual that signed documents with an estate planning attorney in Philadelphia prior to the change in legislation should revisit their wills and other estate documents in order to make sure that their documents are still effective and produce the required results. (more…) Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

Managing the finances of a marriage can be tricky business.  Often one spouse is delegated the role of the banker, the financial advisor and the bookkeeper and the other spouse does not have a clear understanding of the assets or even the income of the other spouse.  Dividing the assets and income of the parties are even trickier if the marriage fails and a divorce occurs.  Pennsylvania divorce and support laws require both spouses to disclose all of their assets and income to one another.  Lack of disclosure of assets and income can lead to the impositions of penalties and sanctions on the non-disclosing spouse.  The courts expect both spouses to come to the table with clean hands.  Each spouse must proactively disclose to the other spouse all of his or her assets and income.    But there is often a lack of trust between divorcing spouses as to the other’s disclosure of assets and income.  This can lead to contentious disputes and even litigation.  If a spouse suspects that his or her spouse is not fully disclosing assets or income, there are legal tools available to compel the other spouse to fully disclose his or her assets and income. Such legal tools include requiring the other party to produce financial records regarding their assets and tax returns, in a process known as discovery.  Subpoenas can be sent to third parties to obtain financial records, such as financial institutions and employers.  Depositions can be taken of a spouse or third parties to investigate and question the finances and income of a spouse.  If there is a business involved, a forensic accountant can be hired to investigate the income of the spouse and appraise the business.  If an agreement is reached as to the division of assets and it is later discovered that a spouse failed to disclose a marital asset, the court can open up the agreement and impose sanctions and court costs on the non-disclosing spouse.  If a spouse fails to disclose all of his or her income for support purposes, and the income is later discovered by the other spouse, the non-disclosing spouse can be sanctioned by the court and the amount of support will be re-adjusted to include the additional undisclosed income.  Individuals engaged in a divorce proceeding must have a full understanding of their duty to disclose all of his or her assets and income.  They must also be aware of the legal tools available to them to gain a full understanding and disclosure of the income and assets of their spouse. Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

The Pennsylvania child support guidelines are used by the courts to determine the child support obligations of parents who are divorced or separated from one another.  In addition to the base amount of support, extraordinary expenses of children can also become part of a support obligation.  Such extraordinary expenses include private or parochial school tuition, day care costs, music lessons, sports fees, tutoring and other activity fees related to activities in which the the children may be involved. The court typically allocates the cost of these expenses in the same percentages as each party’s proportional share of the parties’ combined monthly net income.  For example, if father’s net monthly income is $6,000 a month and mother’s net monthly income is $2,000 per month, father is responsible for 75% of the cost of these expenses and mother is responsible for 25% of the cost of these expenses. The extra expenses of the children must be reasonable and in line with the standard of living of the parties.  Further, they must be activities that the children were already engaged in before their parents separated, activities  mutually agreed upon by both parties or activities that a Judge finds are reasonable for those children in that particular case.  For example, a parent cannot send a child to private school and then demand that the other parent pay for the cost of the private school if the other parent does not consent to sending the child to private school in the first place.  However, if a Court finds that private school is a reasonable expense, it can overrule the objection of one parent. Similarly, a parent cannot enroll a child in multiple expensive activities without the other parent’s knowledge or consent and then demand that the other parent pay his or her proportionate share of the costs of these activities unless a Court finds the expenses and the activities to be reasonable. At times these expenses are included in the monthly support order and at other times these expenses are ordered to be paid directly to the other parent or the provider of the service outside of the court order. Still other times, one parent is directed to pay the expense and then seek reimbursement from the other parent for the expense. Astor Weiss Kaplan & Mandel, LLP has experienced family lawyers who regularly represents individuals with these issues.  Please contact one of our family law lawyers for assistance with your child support issues and related tuition and extracurricular activity expenses.       Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

Family Law – Prenuptial Agreements One of the issues that people considering a prenuptial agreement should be discussing is what provisions, if any, should be made in that agreement related to the parties’ future marital residence. After their marriage, if they are going to live in a house that was owned by one of them before the wedding, will that house be transferred into joint names? If not, when the owner dies, will that house be left to the survivor? If not, will the surviving spouse be allowed to live in the house for some period of time before the deceased spouse’s estate can sell the house? If the surviving spouse does remain in the house, who will be paying the expenses while that spouse lives in the house? If the parties are going to live in a house titled in joint names after the marriage, and if the house was either purchased with the separate funds of one of them or previously owned by only one of them, if the marriage is terminated by a divorce, how will the equity in that house be divided? Will the spouse who owned the house before the marriage be allowed to remain in the residence while the other spouse has to vacate? If the parties had children after the marriage, will this have any bearing on who remains in the house and who leaves? Will the parties want the house to be sold and will either party be given an option to buy out the other party if they decide to separate and get divorced? Will each party get back what they contributed to the down payment or acquisition of that jointly owned home before any equity above and beyond those contributions will be divided? What if someone else provided the down payment to purchase the home – will they be repaid before the parties divide the equity in the house? These are just some of the issues that can be dealt with in a prenuptial agreement in order to avoid arguments and possibly litigation after one spouse dies or when the parties’ marriage terminates as a result of a separation or divorce. One of the major reasons for having a prenuptial agreement is to have issues such as these discussed and resolved before the marriage so that there is less chance of a disagreement arising in the future. By: David Gutin Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

When Does Child Support End? Generally speaking, the obligation of one parent (usually the one with partial physical custody) to the other parent (usually the one with primary physical custody) for payment of child support ends when the child reaches age 18 or graduates from high school, whichever comes last. As with many matters, there are exceptions. There remains a duty to continue paying any arrears which have accumulated prior to the effective date of termination. Customarily courts order the same basic amount to continue to be paid until the arrears are zero and the case can be closed. Child support may be required to continue, in the discretion of the court, if a child is handicapped or otherwise unable to sustain himself or has special needs. This can last indefinitely. If that child has reached majority, and is institutionalized or gets other governmental benefits, both parents may be liable for child support or to re-pay those benefits to the governmental entity or institution. If a child is still a minor but is emancipated, child support may be able to be terminated. Emancipation may mean married, living independently, out of school and employed and earning a sufficient living. There is no duty in Pennsylvania for a parent to pay college expenses or support during college, meaning any post-high school educational costs. However, if the parties were married and included a college expenses or support obligation in a post-nuptial or property settlement agreement, that duty is enforceable by a court.  Similarly, absent a written agreement to do so, a parent cannot be forced to maintain health insurance for a child after his or her child support obligation terminates. If you have a child support element in your family law matter, all of the foregoing should be explored. By: David I. Grunfeld, Esquire Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

Is There Alimony in Pennsylvania? There are three types of support available to the dependent spouse: spousal support, alimony pendente lite and alimony.  Spousal support and alimony pendente lite are forms of support which can be awarded to a dependent spouse after the parties’ separate but prior to the entry of a decree in divorce.  Alimony is awarded to a dependent spouse only after the decree in divorce is entered. A spouse can only receive one type of support at a time.  Spousal support and alimony pendente lite are calculated the same way.  The differences between the two are 1) fault is a defense to the award of spousal support while fault is not a defense to the award of alimony pendente lite and 2) alimony pendente lite can only be awarded if a divorce complaint is filed with the court, while no divorce complaint needs to be filed to obtain an award of spousal support.  Fault is generally defined as a spouse who has an extra-marital affair prior to the parties’ separation. The formula for calculating alimony pendente lite and spousal support is as follows: (Obligor’s income) less (obligee’s income) less (any child support obligation of obligor) multiplied by 30% of the difference (if there are minor children) or 40% (if there are no minor children.) Alimony is awarded based upon the consideration of 17 factors, which factors generally focus on the length of the marriage, the relative earnings and assets of each party and whether or not the dependent spouse has custody of the parties’ children.  There is no specific formula for the calculation of alimony.  Instead, the amount of alimony is based upon the reasonable needs and expenses of the dependent spouse. By: Julie Auerbach Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)

Conflict of Faith Originally published in The Philadelphia Lawyer, Spring 2011, p. 13 Can a father during his partial physical custody time take the child to his own religious services if different from that of the mother?  What if they previously agreed to raise the child in mother’s faith?  What if mother’s faith and father’s are opposed theologically?  What if they have shared legal custody and therefore have to agree on major parenting decisions? In Pennsylvania, legal custody means the right to make major parenting decisions.  Those generally are education; major after-school and vacation activities; and non-emergency and non-routine medical needs. Pennsylvania favors shared legal custody, which means the parties have to agree, or a court will intervene and decide.  In Pennsylvania, the spiritual well-being of the child is one factor, but not a determinative one, in custody disputes.  It is appropriate for a court to consider the religious practices of each parent. However, on a constitutional basis, it is the general rule here that each party may expose the child to his or her own religious practices during that party’s physical custody time.  This has been upheld even with testimony from a religious leader or mental health professional that attending churches of two different faiths could lead to confusion. In Pennsylvania, courts assume a neutral stance toward religion in custody cases.  Hence, even if the parties had previously been raising the child in one religion before separation, they may each take the child to a different church after separation. There are times when a problem may arise such as the mandatory need for a child to attend regularly to prepare for an upcoming religious event.  In that case, a court may order one parent to handle, during his time, transportation to and/or from the church of the other parent, with equivalent make-up time for the hours missed. Not even a prior agreement to raise the child in one faith, made in a pre-nuptial agreement or before separation, while living as an intact family, is binding on a court after separation.  Nor is the position of one faith that the child’s attendance at another church presents theological difficulties, with a firm rule against it, binding upon a court. Courts do not make a value judgment regarding a parent’s religion.  The idea is one of freedom of religion, exposing the child to multiple choices so that the child is free to make his or her own decision as to what to practice as the child matures.  Rather, the court’s role is to assure that the child’s best interests are not detrimentally affected by the religious belief or practices.  For instance, a court might prohibit participation in a cult, or street solicitation, if the court believes the child’s present or future mental or physical health was in danger. Therefore, counsel who wish to oppose the other parent’s religious practices by the child have a high burden of proof, usually through the testimony of a mental health professional, to show such a danger.  Any such restriction imposed by a court must be the least intrusive means adequate to prevent the specified harm. In short, it is unconstitutional in Pennsylvania to decide a custody dispute, in whole or in part, on the basis of each parent’s religious devoutness; prefer stability in religious education or observance to a perceived instability by exposure to two faiths; and protect a child from attempts by either parent to instill his or her religious beliefs before emancipation, absent a showing of substantial physical or emotional harm. Where there is compromise, tolerance and explanation, the child’s adjustment is usually best. By: David I. Grunfeld, Esquire Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on Google+ (Opens in new window)