Do I Need a Child Support Order?

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When two people have a child together, whether married or not, sometimes it just does not work out and they decide to separate. It is great when two parents who are no longer together have a strong co parenting relationship and can remain amicable with each other for the sake of their children. If you find yourself in one of those relationships you might think that you do not need a child support order because you and the other parent work everything out on your own and so far you have had no issues. While it may seem great that you are able to work everything out between the two of you, it is best to seek a child support order issued by the court.

Why would you want to get a child support order when you have been working it out yourselves? What happens if the payments that you have relied on and worked out between you two stop coming in. What course of action do you have? You call the other parent, you email them but no matter what you do they still are not receiving any financial assistance for your child. They keep telling you they will have it to you soon and then months go by and you have not received anything. By having a child support order you are protecting yourself from this scenario. In most child support orders, if the other parent is a W-2 employee, the child support will be attached to the other parent’s wages so as long as they are being paid you can be assured you will get your support payment. If there is an order and the payments are made directly to you and they stop paying you have options there as well if you have a support order. You can file for enforcement of the child support payments. Having a child support order protects and reassures you that the financial support you rely on for your child will not just disappear one day.

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Desperate for Divorce but Worried about Abuse?

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If you are currently married and in a physically or mentally abusive relationship, it can be a very tarrying situation that you might be desperate to get out of. You might be thinking of leaving or filing for divorce but have that voice in your head telling you it is not a good idea because of the potential reaction from your spouse. What if filing for the divorce causes the abuse to escalate when they find out? If your spouse already has a history of abuse towards you, the fear you have might take over and prevent you from following through with the decision to follow through with filing for divorce, and separating from them finally.

If there is a history of abuse you can file a petition for a Protection from Abuse Order while you prepare to file for divorce. To get a protection from abuse order you would first want to file with the court. Then likely, a Judge would issue a temporary order without the abuser being present while a future hearing date is scheduled. Both you and the abuser would then have to appear before a Judge at the later date. At this hearing either the abuser can consent to the Protection Order, or request to have a hearing where the Judge would hear testimony and make an order. These types of orders can last for any duration of time up to 36 months. If the abuser were to violate any such order they would be held in contempt. Consequences of a contempt violation can range from fines to jail time. When you are in an abusive marriage and desperate to get out but just fearful of what will happen if you try, a Protection from Abuse order can grant you that peace of mind to be able to file and get divorced with added protection from your abuser’s potential reaction.

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Disclaimers vs Renunciations

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Disclaimers and renunciations are forms that can impact the administration of an estate. As is true with all legal paperwork, the best policy is to consult with an attorney before signing. If you elect not to consult with an attorney, at least be aware of the purpose of each form. A renunciation is used where an individual who has been named as an executor declines to serve in that capacity. You may name the individual who should serve in your place unless a contingent executor as already been named. In the case of an individual passing without a will, the next of kin would be first in line to serve as administrator of the estate. This individual can also sign a renunciation to waive their right to serve and allow someone else to serve. If there are issues with the person who stands to serve and a refusal to voluntary renounce their position, any other individuals with an interest in the estate can still petition the court to address their concerns.

A disclaimer is used to waive your right to receive an inheritance. Being named as a beneficiary or being an heir at law does not mean that you have to accept what is designated to go to you. It is possible to decline to receive your inheritance. The result of a disclaimer is that you are treated as if you predeceased the decedent. A will or the laws of intestacy would dictate how your share would be distributed among other beneficiaries. A valid disclaimer must be in writing. It must adequately identify the decedent and the asset or amount being disclaimed. It is possible to do a full disclaimer or a partial disclaimer where you only refuse certain assets or a certain amount. The disclaimer has to be served on the person handling the estate, such as the executor or administrator, and/or filed with the court. A disclaimer is irrevocable so be sure of your decision prior to executing the document.

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Support during Covid

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Both child and spousal support awards are primarily based on the income of the parties. Prior to establishment of an Order, both parties are directed to show proof of income and relevant expenses. With respect to income, this can include recent pay stubs, last filed tax return and W-2, disability payment statements, retirement payment statements, unemployment, etc. Relevant expenses may include health insurance premiums, mortgage payments, child care costs, and private school tuition. It is the responsibility of the parties to petition the court to review a previously entered support Order if circumstances (i.e. income of parties or expenses) change.

During this pandemic, many individuals have experienced changes in income and expenses. With many industries affected by various policies intended to slow the spread of coronavirus, hours have been cut or jobs lost. Where schools have closed, there could be new child care costs if both parents are still working outside of the home. Alternatively, child care costs may have been eliminated if a parent is now working from home and able to watch their child as well. Regardless of the nature of the change, the first step to take is to file a request for modification if you have a court-ordered support award. Second, the filing party should gather all the documentation reflecting the changes. It is also important to attempt to determine how long the new circumstances will last. For example, if you have a date that you are returning to work or that your children are returning to child care. The courts understand this is an unprecedented situation for all of us and are doing their best to balance the need for support with the current circumstances of the parties.

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Avoiding Probate

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Probate is the process wherein a decedent’s will is presented to the appropriate county office and the named executor is formally sworn in to handle their estate. Probate can also occur if a decedent passes without a will in which case their next of kin can apply to serve as the administrator of their estate. There are a number of steps to take and potential costs involved to complete administration of an estate once formally probated. Depending on the nature of assets and debts of the decedent, probate can sometimes be avoided. It is key to consult with an experienced estate attorney to see if this is possible.

A good estate plan can also eliminate the need for probate. An individual can make plans during their lifetime that may eliminate the need for any probate after their death. For example, they can funnel their assets into non-probate assets which include assets that have a beneficiary designation or payable on death designation. They may also consider titling assets with another individual as joint tenants with rights of survivorship. A trust may be a good fit such that assets are held in trust and not in the name of the individual, with instructions on how the trust should operate following the death of the person creating and funding the trust. Identifying a good estate plan is also very case specific and should be discussed with an experienced attorney as well as a financial planner and/or tax advisor.

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Divorce Forms

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There are a number of forms required to be submitted to the court in the course of a divorce where a claim for equitable distribution of marital assets has been raised. An Inventory and Appraisement form has each party identify all the assets and debts at issue in the case. Values or balances at the date of separation should also be disclosed. The form distinguishes between marital assets and assets an individual may be claiming as non-marital. Any assets identified as non-marital should include an explanation as to why they should be categorized as non-marital. For debts, the creditors should be named along with the nature of the debt. Finally, the Inventory asks parties to identify any assets that have been sold or otherwise transferred.

An Income and Expense statement has each party provide detailed information on their present income and ongoing expenses. With respect to income, frequency of payment and taxes or other deductions from gross income should be disclosed. There is a separate form for self-employed individuals whose calculation of income can be less straight-forward. With respect to expenses, parties should identify if it is a monthly, quarterly, or annual expense. Additionally, parties can mark whether the expense is an individual one versus an expense incurred for their children and/or spouse. Both of these forms help in demonstrating standard of living established during the marriage and financial circumstances of the parties as they separate to assist the court in making support and/or equitable distribution awards.

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Custody Exchanges during Covid-19 Pandemic

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Our country is still battling the spread of a new virus and with that, new questions as to custody exchanges in the event of confirmed Covid-19 diagnosis or suspected exposure. First and foremost, be compliant with your existing Order to the extent possible. This virus is not a reason to keep your child from seeing their other parent. If exact compliance with your Order is not possible, be reasonable in making necessary accommodations to permit shared custody to continue. It’s also key to try to be on the same page regarding best practices. Be prepared to discuss and model good behavior for your child(ren) in both homes including hand washing, wiping down surfaces, wearing a mask, and social distancing.

Be transparent and provide honest information with respect to any suspected or confirmed exposure to the virus and try to agree on what steps you will take to protect your child(ren) from exposure. The courts have provided some guidance in the event of confirmed Covid-19 diagnosis or display of symptoms. If the reporting party has custody at the time, they should maintain custody until the symptoms resolve. If the non-reporting party has custody at the time, they should keep the child(ren) until the other parent has recovered. An exception can be made if parent has work obligation and cannot provide adequate care for the child(ren), in which case the child(ren) should return to the other parent. If there is a temporary pause in your schedule because of diagnosis or displayed symptoms, endeavor to work with each other to maintain a relationship through other means such as Skype, Zoom or Facetime.

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Estate Planning – Last Will and Testament

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Our firm recommends a few different documents as part of a basic estate plan one of which is a Last Will and Testament. This document allows you to provide for what should happen to your probate assets after you pass. Pennsylvania does apply a tax on assets passed through probate or intestacy. The amount of tax depends on the value of the estate as well as the relationship of the beneficiaries to the decedent. Pennsylvania requires that an Inheritance Tax Return is filed with the Department of Revenue within nine (9) months from date of death disclosing all assets that passed through your estate and their values. Debts of the decedent and estate administration expenses can be deducted from total assets prior to determining tax due.

A good estate plan can minimize the tax consequence for your heirs. Presently, gifts can be made in the amount of $15,000 per year without tax assessed. Non-probate assets, i.e. assets with a beneficiary designation such as life insurance policies, are not assessed an inheritance tax. You may consider diversifying your portfolio to hold your assets in a variety of different vehicles. Another option is to place assets in trust during your lifetime. The trust can be drafted such that you can continue to support yourself during your lifetime with the assets held in trust. An irrevocable trust may also prove useful if you have long-term care expenses or need to seek subsidized healthcare. Consult with an experienced attorney to fully understand your options for a suitable estate plan.

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Estate Planning – Power of Attorney

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Another document to include as part of a basic estate plan is a Power of Attorney. A Power of Attorney allows you to designate an agent to act on your behalf regarding financial matters during your lifetime. A Power of Attorney may be durable or springing. A durable Power of Attorney is effective upon signing meaning your agent can act on your behalf right away without any other prerequisites. In contrast, a springing Power of Attorney does not become effective until the signor has been deemed incapacitated. This is established by verification of two physicians.

An agent is required to act in the best interests of the signor and, to the extent they are aware of any specific desires of the signor, to comply with their desires. Successor agents can be named in the event the primary agent is unwilling or unable to act. Similarly, individuals can be named as co-agents with the requirement they act jointly. Each agent must sign an acknowledgment concerning these fiduciary duties prior to exercising their power. The court can step in and remove an agent where allegations of abuse by an agent are substantiated. The signor can also revoke the power of attorney at any time.

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Estate Planning – Living Will/Healthcare Directive

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The third document to include as part of your estate plan is a Living Will/Advanced Healthcare Directive. A Living Will allows you to indicate what sort of measures you would like or would not like to the extent the measures would only serve to delay your inevitable death. Specifically, these decisions would come into play if you are in a terminal condition or in a state of permanent unconsciousness, including persistent vegetative state or irreversible coma. If in that situation, you can elect or deny mechanical respiration, cardiac resuscitation, blood products, tube feeding, and dialysis, among other types of treatment.

You can name a surrogate to make medical decisions for you if you are unable to express your own intentions. Your surrogate is limited to the directives in the document. Your surrogate may also have access to your health care records and be able to authorize certain actions on your behalf. For example, to complete insurance forms, sign releases for your health care records, or authorize medication, surgical procedures, or donation of your anatomical parts. Successor surrogates can be named in the event the primary surrogate is unwillingW or unable to act. Similarly, individuals can be named as co-surrogates with the requirement they act jointly. Keep in mind the practical implications of naming individuals that must serve jointly, particularly if they live out-of-state or are estranged from their co-surrogate. Finally, your named surrogate should be someone you trust and you should discuss your intentions with them in advance.

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