Alimony

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Alimony is support paid to an ex-spouse following divorce. The amount of alimony is usually based on the incomes of the parties. It is not uncommon for the amount of alimony to be considered in the context of the equitable distribution of marital assets, if any. Unless otherwise stated by agreement, the amount of alimony may be modified due the changed circumstances of either party. These changes must be substantial and of a continuing nature. Parties reaching their own agreement for alimony may contract for non-modifiable alimony.

The duration of alimony is based on the length of the marriage. For example, a party may expect approximately 1 year of alimony for every 3 years married. For marriages of over 25 years, an indefinite term of alimony may be appropriate. If the parties include alimony as a part of their own settlement agreement, they are free to set the amount and length of the alimony as they so agree. Previously, alimony was a tax deduction for the party paying the support while the party receiving the support had to claim it as income. Pursuant to the Tax Cuts and Jobs Act, alimony is no longer a taxable event. This change in the tax treatment of alimony became effective January 1, 2019. If your Order for alimony was entered prior to that date, the prior rules will continue to apply.  By April M. Townsend

 

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Advertising for Estate

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Probate is the process of handling an individual’s estate after they pass away. If the individual had a will, it should name an executor. An executor is the person designated to be responsible for the administration of a person’s estate. If the individual did not have a will, their next of kin can apply to be appointed as administrator of that individual’s estate. Part of the probate process is advertisement of the estate. The purpose of advertisement is to put any interested parties on notice of the death of the decedent.

Two types of advertisement are needed. First, notice should be published in the local law reporter for the county where probate is initiated. Second, notice should be published in a newspaper of general circulation within the county. Proper advertisement protects the executor or administrator in terms of their fiduciary responsibility to properly carry out the estate. After one year from date of advertisement, creditors can no longer make a claim against the estate and the executor or administrator can feel confident in making any distributions of the estate after that point.  By April M. Townsend

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Adult Adoption

In Pennsylvania any individual may be adopted regardless of their age or residence. This means even an adult can be adopted. An adult adoptee must consent to their adoption by prospective parents. They do not need to have the rights of their natural parents terminated first. Additionally, the prospective parents do not have to include background checks along with their petition. If looking to change your name as an adult pursuant to an adoption, you must also follow the steps for a civil name change.

First, adult adoptees will need to submit a copy of your fingerprints with the adoption petition. Fingerprints can be obtained from your local police department. Adult adoptees also need to supply record checks from the Prothonotary, Clerk of Court, and Recorder of Deeds for each county of residence for five (5) years prior to your filing. Finally, notice of the adoption hearing date must be published in a newspaper of general circulation within the county as well as the local Law Reporter regarding the proposed name change. Proof of the record checks and publication should be offered as evidence at the adoption hearing. Name changes are not permitted for adults in the event of certain criminal convictions.  By April M. Townsend

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Can I Adopt with a Criminal Background?

The short answer is possibly. 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. New Jersey requires state, federal and local criminal history checks. These background checks must also be completed for all other adult household members where the adoptee will reside.

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 mere existence of a record does not automatically disqualify you from successfully adopting a child. It is up to the court to look at the nature of the record and whether it poses risk to a child. If there is no substantial risk, the adoption may still proceed. Additionally, if an adult is being adopted, prior criminal background is not an issue since the adult adoptee is consenting to the adoption.   By April M. Townsend

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Adopting Multiple Children

If you are adopting a minor child, a name change can be accomplished as part of the adoption. Specifically, the final adoption decree can include the desired new name for the child. The first, middle and last name is subject to change where desired. The certified adoption decree along with vital records request form can be used to change the child’s name on their birth certificate as well as social security records. Vital records does assess a cost for a new birth certificate.

You may also accomplish a name change through adoption where the adoptee is an adult. In this case, you will also need to meet the requirements required for a civil name change. The adoptee must be fingerprinted and submit the fingerprint card to the court with the adoption petition. The adoptee will also need to supply record checks from the Prothonotary, Clerk of Court, and Recorder of Deeds for each county of residence for five (5) years prior to your filing at the time of the adoption hearing. Finally, notice of the adoption hearing date must be published in a newspaper of general circulation within the county as well as the local Law Reporter regarding the proposed name change. Proof publication should be provided to the court at the time of the adoption hearing.  By April Townsend

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Adoptee’s Name

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If you are adopting a minor child, a name change can be accomplished as part of the adoption. Specifically, the final adoption decree can include the desired new name for the child. The first, middle and last name is subject to change where desired. The certified adoption decree along with vital records request form can be used to change the child’s name on their birth certificate as well as social security records. Vital records does assess a cost for a new birth certificate.

You may also accomplish a name change through adoption where the adoptee is an adult. In this case, you will also need to meet the requirements required for a civil name change. The adoptee must be fingerprinted and submit the fingerprint card to the court with the adoption petition. The adoptee will also need to supply record checks from the Prothonotary, Clerk of Court, and Recorder of Deeds for each county of residence for five (5) years prior to your filing at the time of the adoption hearing. Finally, notice of the adoption hearing date must be published in a newspaper of general circulation within the county as well as the local Law Reporter regarding the proposed name change. Proof publication should be provided to the court at the time of the adoption hearing. By April Townsend

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Interstate Compact for Placement of Children

There are additional requirements to satisfy if you are adopting a child out of state. The Interstate Compact for the Placement of Children (ICPC) has existed for more than forty years and provides instructions for adoptions where a child is to be transferred across state lines. All U.S. states are members of the Compact and follow the same procedures. The state where the child presently resides or is born in must approve of the transfer across the state lines for placement or adoption. A copy of the approval is then submitted to the court for filing in the state where the adoption will ultimately take place. In order to get approval, a packet must be created with relevant information on the child or adoptee, the prospective parent(s) and the intended place of residence. ICPC-100A “Interstate Compact Placement Request” is a sample form evidencing the information to be provided.

If the sending state is satisfied with the placement request it will forward the request to the receiving state for their review as well. The receiving state would be responsible for having a home study completed for the intended residence. If the receiving state is satisfied following the home study, it notifies the sending state and sends them a copy of the home study. At that time, following approval by both states involved, the interstate adoption may be completed. The Pennsylvania office of the Interstate Compact for the Placement of Children is located in Harrisburg and can be reached at (717)772-5503 for non-agency placements, or (717)772-5502 for agency placements.

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Adoption Records

Adoption records are generally sealed and not available for public inspection. In Pennsylvania, a petition must be filed with the court in order to obtain adoption records. The correct place to file a petition is the same court which handled the initial adoption matter. An adoptee over the age of 18 may file a petition or in the case of a minor adoptee, the adoptive parents or their guardian. The court, if they believe the request is warranted, will only release limited information. Specifically, they will not release information on the identity of the natural parent(s) unless the natural parent(s) are first contacted and give their consent to disclose their identity. Often, it is the county’s social service agency, such as Children and Youth, that is responsible to reach out to the natural parent(s) on the court’s behalf regarding any petition to access the identity of the natural parent(s).

If an agency was involved in the adoption, a request can also be made through the agency for information on the natural parent(s). The agencies have the same requirement as the courts in terms of getting permission of the natural parent(s) first. It is also possible for the natural parents to agree to disclosure prior to any request coming from the adoptee. At any point subsequent to their termination of parental rights, they may file a consent for the initial birth certificate to be released to adoptee over 18 or their parent or guardian if requested. This consent can subsequently be withdrawn if their decision on disclosure later changes. Consent of both natural parents is needed to see the full record. If only one parent consents, the other parent’s information would be redacted.

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Who May Adopt?

An adoption petition can be filed by anyone. Pursuant to 23 P.A. CS 2312, any individual may become an adopting parent. There is no requirement that a prospective parent be married or in a relationship. An adoption can take place in any county where the natural parents of the child reside. It may also take place in any county where the child to be adopted resides or in the county where the prospective parent resides. Background clearances must be obtained for the prospective parent as well as any other adult household members. If not already resolved, the rights of the natural parents of the child need to be addressed in connection with the adoption proceeding. The natural parents can cooperate in consenting to the adoption and or voluntarily relinquishing their rights. There are also circumstances in which a prospective parent can petition for the involuntary termination of the natural parents’ rights.

The first step is to file the applicable petition for adoption and/or termination with the correct court. Each county has their own local rules and forms to be used in an adoption matter. Additionally, each county sets their own fee schedule in terms of what filing fees will be due and for which pleadings. A streamlined adoption process may be available depending on the familial relationship of the prospective parent to the adoptee in that the requirement for a home study may be waived. The cost and procedure for a home study, where necessary, also varies by county. Working with an experienced adoption attorney will help you in navigating all these areas.

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Impact of Criminal Background on 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. New Jersey requires state, federal and local criminal history checks. These background checks must also be completed for all other adult household members where the adoptee will reside.

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 mere existence of a record does not necessarily mean you cannot successfully adopt a child. It is up to the court to look at the nature of the record and whether it poses risk to a child. If there is no substantial risk, the adoption may still proceed. Additionally, if an adult is being adopted, prior criminal background is not an issue since the adult adoptee is consenting to the adoption.

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