Publication of Adoption

It is always necessary to give all interested parties proper notice of pending adoption proceedings. A copy of the adoption petition should be served on all interested parties, e.g. persons with parental rights to the minor child(ren) involved. Acceptable methods of service include personal service or certified mail, return receipt requested, restricted delivery. Proof of service should be filed with the court and/or submitted at the time of the hearing. If you do not have a good address for an interested party you can petition the court to permit service by an alternate method, such as publication in the newspaper where the party was last known to reside.

The court would indicate for how many weeks the notice must be published in the newspaper. The newspaper provides a certification as the publication that can be submitted to the court as verification that the required publication was completed. This adds to the costs of the adoption matter as it can cost several hundred dollars to publish. You should also be careful to include all necessary information in the publication so that the court can accept the publication as acceptable service.

by

Paternity Fraud

Establishing paternity can be as simple as the father executing a voluntary acknowledgment of paternity form. The acknowledgment indicates the father is waiving his rights to any genetic testing or trial on the issue of paternity. An acknowledgment acts as conclusive evidence that the person who signed the acknowledgment is in fact the father of any subject child(ren). Once an acknowledgment of paternity is signed, it is very difficult for a father to then try to allege the child is not his. 23 Pa. C.S. Section 5103(g) discusses grounds for rescission of an acknowledgment. It can be revoked within the first sixty (60) days of signature. After 60 days, it can only be rescinded by court order following a hearing. A hearing can be requested by filing a Petition with the court.

The party challenging paternity must prove, by clear and convincing evidence, that there was fraud, duress or material mistake of fact when signing the acknowledgment. Even if a party believes they can prove one of the above, there is a second hurdle based on the concept of paternity by estoppel. Paternity by estoppel acts to impose an obligation on the party who holds themselves out as a father to the child and supports the child to continue to support the child even if there is no biological connection. The Pennsylvania Supreme Court has held that the purpose of paternity by estoppel is to protect the best interest of the child by shielding them from claims of illegitimacy and, potentially, a broken family. The courts have refused to order genetic testing to revisit paternity if a party has been acting as a Father under this legal principle. You should never sign an Acknowledgment of Paternity if you have any doubts about the actual parentage of the child. Instead, you should file for genetic testing right away before assuming the role of parent, caring for the child, and building that relationship.

by

Report: Many men may be eligible for spousal support and/or alimony but don’t receive it

,

National statistics show that very few alimony recipients are men, even though a rising number of men may be eligible to receive this financial support.

Spouses getting divorced in Langhorne may be awarded alimony and/or spousal support, to address financial inequalities during and after divorce. State family law courts use various factors to determine how much spousal support should be awarded and how long this support should continue. These considerations are gender-neutral, so support is equally available to divorcing men and women. However, statistics suggest that many men do not receive the support that they may be entitled to.

MEN AND SPOUSAL SUPPORT
According to Forbes, Census data shows that about 400,000 Americans receive alimony. However, just 3 percent of those people – or about 12,000 individuals – are men. This seems to reflect a gap between the number of men who receive alimony and the number of men who are eligible for it. According to the same data, women act as primary breadwinners in about 40 percent of U.S. households.

Less formal data suggests that the number of men receiving alimony might be increasing. According to Reuters, in 2012, an American Academy of Matrimonial Lawyers survey focused on the number of women paying alimony. About 47 percent of the AAML members who responded stated that more women were paying spousal support to their ex-husbands. Still, a large number of men may go without spousal support that they could benefit from.

QUALIFYING FOR ALIMONY
In Pennsylvania, many men may be eligible to receive support. When awarding support and alimony, family law judges in the state consider various financial factors, including inheritances, current property, income, retirement accounts and future earning potential. Men with limited personal assets, income or earning opportunities may qualify for support.

The court may also assess less easily quantified factors. These include one spouse’s contribution to the other’s education or career; the marital standard of living; and the liabilities each spouse will incur while caring for the couple’s children. When these variables are weighed in, many men might be eligible for at least limited support.

POTENTIAL BARRIERS
Unfortunately, statistics indicate that many men do not receive the support that they may be entitled to. Forbes notes that there may be various explanations for this pattern, including the following:

Traditional stereotypes about gender roles may make some men reluctant to seek financial assistance.
For similar reasons, divorcing women may be more inclined to fight against paying support or alimony.
Unconscious biases may make judges more likely to award men limited support or decline to award it.
Despite these potential barriers, men should strongly consider exercising their rights to pursue support before divorce proceedings are complete. After a settlement has been finalized, spouses cannot change their minds about choosing to seek alimony.

For this reason, divorcing men may benefit from consulting with a family law attorney with experience in high-income divorce and support/alimony awards. An attorney may be able to offer advice on a spouse’s rights or assist the spouse in seeking needed support.

by

NJ Child Support

Child support in New Jersey is determined using the state’s child support guidelines. A worksheet evidencing the calculations to arrive at the child support order should be completed in every case. Primary considerations include the income of the parties and the custody arrangements. As it relates to the custody arrangements, there are different worksheets for use: sole parenting or shared parenting. The sole parenting worksheet is to be utilized when one parent has all the time or greater than 78% of the overnights. The shared parenting worksheet is appropriate if the alternate parent has the equivalent of at least two overnights per week under the regular schedule.

The other primary consideration is income. For purposes of a support calculation, income includes all earned or unearned income including, but not limited to, salary/wages, tips, commissions, interest/dividends, rent received, bonuses, alimony payments, pension or retirement distributions, lawsuit settlements, worker’s compensation, unemployment benefits, severance pay, gambling winnings. For self-employed individuals income consists of the gross receipts of the business minus necessary business expenses. What may be acceptable as an expense as far as filing taxes with the IRS is not necessarily an expense that would be deducted in a support calculation.

Accurate income information should be disclosed as part of the Case Information Statement submitted in virtually every family court action. Verification of the income information provided should be attached. Examples include tax returns, W-2 statements, pay stubs, profit/loss statements, etc. Taxes, prior child support orders, mandatory union dues should be subtracted from the gross taxable income and combined with any gross non-taxable income to determine the amount of income available for support. Certain benefits for the children must also be accounted for in determining income such as derivative benefits (e.g. Social Security Disability).

The basic child support award is arrived at by looking at the total number of children and the combined net income of the parents. Once the basic support award is identified, adjustments can be made for other regularly occurring expenses such as child care costs, health insurance costs, and other recurring expenses. The final figure is then broken down based on each parent’s percentage share of the combined income also taking into consideration the parenting time.

In low income cases, the final figure may still be adjusted to ensure the party owing support has an appropriate self-support reserve.

Child support is modifiable as circumstances change. For example, any substantial change in income or overnight custody time should be examined to see if a change in support is warranted. New Jersey builds in a routine cost-of-living adjustment for all support orders. Methods of payment can include direct payment, direct payment through the Probation Department or wage garnishment. The Probation Department is responsible for enforcement of all support orders.

by

Is Your Ex Sabotaging Your Summer Plans?

Depending on your custody arrangement, summer can be a time for your children to spend more time with each of their parents. It can be difficult to juggle vacation plans and visitation for two different households; occasional confusion may arise and compromise is necessary. But when your ex is consistently failing to follow through or seems to be intentionally sabotaging your summer plans, you need to take action, for your sake and your children’s.

 

Keep records of all communication

Keep all interaction with your ex civil. This is very important, not only because it may bring about the desired results, but because if you need to file a motion, the court’s judgment will be influenced by which is the more reasonable, mature parent. You want to be that parent.

 

If possible, do all communication about summer arrangements with a paper trail. Use email or a parenting portal that is admissible in court and tracks when parents receive messages, so your ex cannot argue that he or she never received your message.

 

Track all phone conversations, record if possible (and let your ex know you’re recording), and keep a detailed log.

 

Try to keep your communications positive. When you feel you cannot respond respectfully or calmly, wait until you’ve calmed down and consult with your custody attorney about the best way to respond. When necessary, let your attorney handle negative communications, which he or she can do dispassionately.

 

Remind your ex of the terms of divorce and custody agreements

In writing, remind your ex of the divorce agreement and/or custody agreement. If the agreements are clearly being violated, you have good standing to demand they be followed, and you are not required to give in to what your ex wants.

 

Create clear boundaries

If your ex isn’t breaking any agreements but is just being unreasonable – repeatedly making changes at the last minute, calling at odd hours, or blaming you for plans falling through – keep documentation, but also protect yourself and your children. Create clear boundaries – in writing – for when you will accept calls and/or how much notice you need for schedule changes.

 

These are reasonable requests. If your ex will not follow them, hold firm. Do not answer the phone or read emails outside the time stated, and do not accept last minute changes. Obviously, if your ex was supposed to pick your children up from summer camp and suddenly can’t, you must do so, but do not set yourself up for another sabotage. If he or she will not abide by these simple guidelines, it may be time to file a complaint with the court.

 

Avoid future summer conflicts

If you have kept a clear record of ex-spouse sabotage or lack of cooperation in co-parenting responsibilities, petition the court for changes in the custody agreement that will prevent another summer of frustration. Consider requesting that you both attend co-parenting counseling. You do not want a battle over your children for the next however-many summers. It’s not good for you or your children.

 

Contact us here at Ulmer Attorneys at Law, experts in Pennsylvania divorce and custody law and mediation, to find out how we can help you.


by

Divorce and the Stay-at-Home Mom: 7 Immediate Must-Dos

If you’re facing divorce after you dedicated years to staying home and raising your children, you need to act quickly to protect yourself and your children. Follow these important steps:

 

1. Find an expert in Family Law and Mediation who can help you protect your financial future as well as negotiate arrangements that will be best for the children. You don’t know which direction your divorce will take. You may be able to settle amicably and mediate child support and visitation that’s agreeable to both of you… and you may not. You need a lawyer who is committed to settling out of court if possible but is capable of winning in court if necessary.

 

2. Make copies of all important financial documents – tax forms, bank statements, bills. Your lawyer will need these to make sure you get a fair division of assets as well as sufficient child support and spousal support.

 

3. Create a list of tangible assets that are important to you for the settlement. Consider, too, the value of your house and the expense of maintaining it (including taxes). For many people, downsizing is the best option – it frees up cash, decreases expenses, and helps you start over again without painful memories. But every situation is different. Discuss with your lawyer and a divorce financial analyst.

 

4. Protect current assets and create a personal bank account. Talk to your lawyer about freezing assets in a joint account to prevent your husband from withdrawing everything and leaving you penniless. Also discuss how you can create a stash of cash in your own name to hold you over until the divorce is settled.

 

5. Consider getting a job. This is tricky for the stay-at-home mom, because if your husband is currently out of work or quit his job and you take a minimum-wage job to keep the roof over your head, you could be considered the breadwinner. But if your husband is still gainfully employed, a part-time job may give you the funds you need until settlement.

 

6. Consider if/when you will go back to work after the divorce and what you need to do to prepare. If your divorce has to go to court, the judge will consider the age and health of your children, the years of marriage, and your skills to determine if you should be expected to return to work and when. Prepare now for that likelihood by looking at online courses you could take to brush up on your skills and make you more marketable.

 

7. Have someone to talk to. This is a very stressful time, but with help, you can do it. Your lawyer will work to give you the best settlement you can get, but he or she is not a therapist. You may need a professional counselor or a support group who will give you the strength and support you need to get you to the other side. Consider a counselor for your children as well.

 

There are other things you need to do, but these are the most immediate. If you’re a stay-at-home mom getting divorced in PA, contact us at The Legal and Mediation Services of Karen Ann Ulmer, Attorneys at Law to see how we can guide you through these and other important steps you need to take to protect yourself and your children.


by

The First Things to Do If Your Husband Leaves You

The very first thing to do if your husband leaves you is to find an expert Montgomery or Bucks County divorce lawyer. You’re in a very vulnerable position, especially if your husband has been the primary breadwinner and you have children at home. You need a lawyer who knows the law and knows how to fight for you.

 

While you’re finding your lawyer, there are a few more “first things” you need to do immediately to protect yourself and your children.

 

Protect your finances:

  • Change passwords, withdraw some cash, and contact the bank and other financial institutions. Your lawyer may file a temporary restraining order to prevent your husband from being able to withdraw funds.
  • Close joint credit cards and other joint accounts (i.e., PayPal, amazon, Netflix, Facebook) and open them in your own name only.
  •  Protect valuable assets: transfer them if possible into a protected location, whether that’s a friend’s house or a safety deposit box.
  • Log all communications, including phone calls, with him and what the conversation was about. Check with your lawyer about whether or not you can record them and how to do so legally.  

Save important documents:

  • Save all written communications: emails, letters, scraps of paper he wrote notes on, receipts. Anything could be valuable. Print out anything on the computer including emails so you also have a hard copy.
  • Print out any helpful information on social media accounts: pictures, posts, anything that will help your case.
  • Save all bills, bank statements, credit card statements, tax returns.
  • Save photos that can support your position and help you in court.

Tell the people who need to know:

  • Financial institutions and accountants – they may be able to advise you on what to do to protect your assets.
  • Close friends and relatives as well as your children’s school and doctors –  to avoid disclosure of information to your husband without your knowledge or consent.

Many of these protective measures can be more thoroughly and effectively implemented under the guidance and advice of a seasoned divorce lawyer. The associates at Ulmer are experts in divorce and mediation. Contact us to find out how we can help you.

 

by

Divorcing doesn’t have to ruin the family business in Pennsylvania

,

Small businesses are the heart and soul of the economy in Bucks County and throughout the rest of the country. According to the Small Business Administration, approximately 90 percent of all of the businesses in the U.S. are family owned and run. Running a small family business comes with several advantages, like more convenience, flexibility and lower employment costs. However, things can quickly get complicated when the owners of the business decide to separate and divorce.

It all starts with the prenuptial agreement

Before a couple even says “I do,” they should already be planning for their financial future with a prenuptial agreement. This document acts as an insurance policy in case divorce ever becomes part of the equation. One of the mistakes that small business owners often make is not drafting this important document until it’s too late since they previously believed that divorce would never become an option. However, according to Forbes, over 50 percent of married couples in the U.S. eventually divorce so obtaining a prenuptial agreement should be a priority for all married couples, and those that own a business together in particular.

This agreement should be in writing, provide a full disclosure of the business’ assets and liabilities, be executed by both parties and without coercion from one side and documented in a recordable format.

Making it work after the divorce is finalized

Just because a marriage is ending doesn’t mean that the business has to go down along with it. Divorced couples can still stay in business together and be successful if:

  • They are rational and consider compromise.
  • They hire an independent business appraiser as part of the divorce proceedings.
  • They consider how their roles will shift in the workplace after they are divorced.
  • The business stays relatively the same and doesn’t undergo any big changes until after the divorce is finalized.

Although it can be a daunting task to split with a partner and still maintain a business, it can be done with a little work and a lot of communication. For example, according to Businessweek, a divorced couple that owns a bakery in the Boston area worth $2.5 million has been in business together for over 35 years. The couple, who were married briefly from 1979 to 1981, found that although their marriage didn’t work they were able to keep their business going out of admiration for the each other’s business skills.

If you and your spouse are considering divorce and are concerned about the future of your family business, contact an attorney in your area that can work through these concerns and ensure that you and your spouse are able to transition smoothly from being marital partners to business partners. You should also realize that a business has value and a competent attorney can assist in ensuring that both partners get value for the efforts they contributed to the business and find ways to separate while preserving the business.

by

Clearances for Adoption

Background checks are required for all prospective parents in an adoption matter. In Pennsylvania, there are three background checks that are required: Pennsylvania Child Abuse History Clearance through the Department of Human Services, Pennsylvania Criminal Record Checks through the State Police, Federal Bureau of Investigations (FBI) Criminal Background Check through the Department of Welfare. These background checks must also be completed for all other adult household members where the adoptee will reside. At this time, requests for all three background checks can be done online. The cost for each background check is nominal. Fingerprinting is required for the FBI Criminal Background Check.

New Jersey requires state, federal and local criminal history checks for adopting parents and all household members as well as child abuse record information background checks. If a prospective parent has lived outside of the current state in the five (5) years immediately preceding the adoption petition, similar background checks must be acquired from each state where he or she previously resided. Background checks must be less than one year old at the time of the adoption hearing. The background checks are reviewed in the context of a home study, where required, and attached to that report. Where a home study is not required, the background checks can be submitted to the court with the petition for adoption. The mere existence of a record does not necessarily thwart the adoption process. The court must look to the nature of the record and whether it poses risk to a child. If there is no substantial risk, the adoption may still proceed.

by

Confirming Consent to Adoption

If the natural parent(s) agree to the adoption and are signing off on their rights, prospective parents may file a petition to confirm their consent to finalize the voluntary termination of their parental rights. In this scenario, the child is usually already in the care of the prospective parent(s). The prospective parent must consent to accept custody of the child until such time as the child is adopted. The prospective parent(s) would also need to file a report of intention to adopt with the court.

The natural parents should appear at the hearing to offer testimony regarding their consent. The court needs to verify the consent was entered knowingly and voluntarily. If the natural parents are not present, the parties who served as witnesses at the time the consent was executed may be called to testify as well as any notary that notarized the document. After the hearing, the court may enter a decree terminating parental rights if satisfied that the consents were properly executed and there was no duress or fraud. The prospective parent(s) would still need to appear at subsequent hearing to finalize the adoption. Hearings for confirmation of consent are to be confidential such that the identities of the parties involved is not disclosed.

by