If you are involved in a custody dispute, there may be at least one child custody evaluation. It is a psychological assessment involving the parents’ living conditions, family dynamics, mental health problems, and other relevant concerns to recommend what is in your child’s best interests.
Court-ordered evaluations are usually performed if the parents disagree on custody. If one is done fairly and competently, its recommendation may push the parties to settle on terms consistent with its findings.
Who Will be Interviewed?
Court-ordered custody evaluations are established by Pennsylvania and New Jersey court rules. The parties can also commission their investigation. A custody evaluator should interview:
- The child
- The parents
- Other people residing in their homes
They may also speak to teachers or counselors at school and review relevant medical or psychological treatment records.
What Will be the Basis of the Evaluator’s Findings?
The evaluator will consider:
- The facts
- Their understanding of the parties and the situation
- The parents’ views
The ultimate purpose of the assessment is to determine what custody arrangement is in the child’s best interest. The evaluator will consider the factors the court will use when making a decision, including:
- The parents’ stability
- The child’s relationship with them
- A parent’s drug or alcohol abuse
- A parent’s physical, mental, and emotional health
- A parent’s willingness to encourage their child to continue their relationship with the other parent
A custody evaluation could take months and cost several thousand dollars. If the parties cannot agree on who will pay for an assessment ordered by the court, a judge may decide for them.
How Should I Prepare for the Evaluation?
You, your child, and any other family members interviewed should not see an evaluation as an invasion of privacy or a burden. It is an opportunity to tell your side of the story and address any concerns the other parent has raised.
There will be a visit to your home, so put yourself in the evaluator’s shoes. What would you look for? Your home should be clean and neat. Any obvious defects or problems with your home should be repaired. Mow your lawn. Dress neatly and comfortably.
You are not going to court, but you are not going to the gym, either.
What Should I Say to the Evaluator?
To be most effective, those interviewed (especially your child) should be open and honest. You will not be considered credible if you are overly critical of the other parent, appear biased, and are found not to be telling the truth.
You can maximize your ability to tell your story by:
- Discussing your child’s parenting history, including both parents’ strengths and weaknesses.
- Talking about your child, their interests, needs, and any difficulties they have had.
- Addressing how your child has changed since you and the other parent separated or the event, if any, that created a perceived need for the evaluation.
You are best served by focusing on your child’s best interests and managing your emotions. Balance stating your legitimate concerns about the other parent while not bad mouthing or bashing them. You should also avoid playing an amateur psychologist by diagnosing them with a condition you think they suffer from.
What Happens to the Report?
The findings, including a recommendation, will be in a confidential report to the court that you and your attorney can read. If either party objects to the report, the evaluator can be cross-examined at a trial. If your case does not settle, the judge will probably rely on a court-ordered evaluation when issuing a ruling, but they should be open to fair criticism and legitimate assessments, if any, paid for by the parties.
Child Custody Attorneys You Can Trust
Karen Ann Ulmer, P.C. attorneys are skilled in developing the evidence that judges need to make child custody decisions. We will work with you to build a persuasive case to achieve your goals and protect your rights. If you have questions about custody issues or need legal representation, call us at (215) 752-6200 today.
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What is the Attorney-Client Privilege in Pennsylvania?
Family LawThe attorney-client privilege allows a client to prevent the disclosure of some communication between the client and their attorney, their agents, and employees. It is a way to encourage clients and their attorneys to be open and honest with each other because these communications should be confidential.
But this privilege will not block every kind of communication. Under some circumstances, a client can waive this protection, and disclosure by an attorney could also result in others learning of what was said or written.
How Does This Privilege Work?
Pennsylvania law generally protects the confidentiality of certain communications between an attorney and their client. These protections are granted so clients can safely and fully disclose sensitive and possibly damaging information to receive proper legal advice.
A client can refuse to disclose these communications and prevent others from disclosing confidential communications or information that would reveal a confidential communication. The parties to that communication are not just the client and attorney. They could be:
The privilege can be claimed by:
The privilege does not cover others who may be harmed by the release.
What are the Privilege’s Limits?
The exceptions to allowing some communications to be kept secret include:
This confidentiality can be lost if you do certain things or fail to do other things:
The privilege is not waived if the disclosure is accidental and you and your attorney take reasonable steps to prevent further exposure and to correct the mistaken release.
How Does This Affect Me?
If you have retained our services, do not disclose to others any discussions we, our employees, or others we have retained have had. If the opposing party can show you are spilling the beans to others, we will have a hard time arguing to a judge that those are our secret beans and no one else’s. Some things are not anyone else’s business, including conversations with and information provided to or by your attorney.
This includes not just verbal discussions but anything in writing, whether that is letters, forms, or emails we send you or that you send to us. The possible damage to your case far outweighs whatever benefit you think you may gain.
Contact Karen Ann Ulmer, P.C., if you have questions about this important topic. Call us at (866) 311-4783 or complete our online contact form today.
Negotiating With a Difficult Spouse
DivorceA crucial benefit of retaining us for your divorce is that we will deal with your difficult spouse (or their attorney) so you will not have to. You will make important decisions on your goals and objectives and what you are willing to sacrifice to reach them. But we will work to get you the best resolution possible, given your situation.
Your spouse may have been difficult during your marriage or become an irritation machine as the relationship ends. You may be used to negotiating during your relationship, but this can turn far uglier during a divorce.
Stay Above the Fray
Karen Ann Ulmer, P.C. attorneys are used to tough negotiations. We have seen all the head games, power plays, distractions, and problems created to invent obstacles. Divorces can be highly emotional, and your spouse may be furious at you and the situation.
That can play out during negotiations. Some spouses use settlement talks to try to settle scores and cause as much grief as possible. Our attorneys will deal with this and reduce its impact on you as much as we can.
Negotiations Should Not Be a Battle of Wills
It is normal for a party in any negotiation to use leverage to get a favorable agreement. What sets destructive negotiations apart is when one party goes to extremes to create or use that leverage to get what they want.
Keep calm and think straight while your spouse tries to stockpile issues to hold over you. Settling a divorce should be considered a business transaction. The two of you are trading things, so you are both in a good position after the marriage ends.
Facts and the legal issues that arise from them fuel the divorce process. We need to document your family’s debts and assets thoroughly. If your spouse owns a business, it may be used to hide assets to prevent some of them from going to you or your children.
We may discover evidence that your spouse can not try to spin to their advantage. Facts may create a basis for legal claims that could give you leverage. As a result, your obstinate spouse may realize the cards they are holding are not nearly as good as they think.
Pick Your Battles and Be Smart About Negotiations
We will discuss with you what you will need after your divorce. You may achieve these non-negotiable issues because you are willing to sacrifice (or at least be flexible about) other matters. For example, you may be willing to give up claims on some assets or spousal support because you want the family house.
Ultimately you will need to decide the outcome of complex negotiations. If your spouse makes a stink about inconsequential things, it may be best to give in. But you will also have lines that you are unwilling to cross.
That is entirely reasonable, as long as what you are willing to go to battle for is critical to starting your life over. Do not become like your spouse – drawing uncrossable lines to create conflict and chaos to weaken and frustrate the other spouse in a battle of attrition.
If Spouses Can Not End Their Marriage, a Judge Can Do It for Them
Very few divorce cases go to trial. They are expensive, time-consuming, and emotional, and may force you to spend energy you would rather use on other parts of your life. But they are often the result of one or both spouses being unwilling to reasonably and sensibly negotiate a resolution to their differences.
Contact Karen Ann Ulmer, P.C., if you have questions about divorce or believe you will need legal assistance with one. Call us at (866) 311-4783 or complete our online contact form today.
What is Imputed Income When Determining Child Support Payments?
Child SupportChild support payments do not just consider what the paying parent earns but what they should earn to a certain degree. If there is evidence that a parent lowered or ended their income to avoid child support payments, a judge can decide their financial obligations based on what they could reasonably be expected to earn.
What is Child Support?
In Pennsylvania, parents must financially support their children until they turn 18 or become self-supporting. The parent with more custodial time is generally entitled to receive child support payments from the noncustodial parent.
If parents can not agree on a support amount, a judge will do it for them. It will depend on the parents’ incomes and the number of children involved. Income can include:
Determining child support obligations can be complicated. Incomes can fluctuate when someone is self-employed, owns a business, or when their earnings are impacted by bonuses or commissions (or lack of them).
When Does Imputing Income Become Necessary?
Not all of these paying parents want to pay support or pay as much as they are ordered to pay. They may illegally reduce their income and claim they can not afford to make payments. They may:
When there is credible evidence the parent is intentionally unemployed or underemployed to reduce their support responsibilities, not because of a legitimate issue (disability, layoff, economic downturn), a judge may impute (or attribute) income to them so the child gets adequate support.
How Does a Judge Decide What a Parent Should Earn?
Under Pennsylvania law, the judge may impute what their full-time income should be within limits. It can not be more than what would be earned in one full-time job. It also must be based on the parent’s circumstances, including whether they have used substantial good faith efforts to find employment and:
Given all the variables involved, each case is unique. Remember, if you hear of an outcome in another case, it may have no relevance to your situation.
If you have questions about child support or whether a parent should pay more or less, call Karen Ann Ulmer, P.C., at (215) 752-6200. We represent parties on both sides of this issue and can provide critical legal representation to help you meet your goals.
Visitation Can Be Supervised If It is in the Best Interests of the Child
Child CustodyA parent would need to have severe problems for a judge in Pennsylvania to order they should have no contact with their child. A more common situation for parents with a criminal record or severe emotional, psychological, or substance abuse challenges is having supervised visitation (or supervised physical custody) during which the parent and child are never alone.
What is Supervised Visitation or Custody?
There are many types of custody in Pennsylvania:
Supervised physical custody means that either through a court order or an agreement reached by the parents, an agency or an adult monitors the interaction between the parent and child during visits. If a judge believes the child will not be safe when alone with the parent, they may order supervised physical custody.
Why Would This Be Ordered?
Custody decisions should be based on the child’s best interests, not what one or both parents want. In these cases, the court balances the importance of the parent having time with the child with the child’s well-being and best interests.
Pennsylvania law presumes it is in the child’s best interests to have a relationship with both parents. But that has its limits. If the parent’s problems are such that they would harm the child or the parent is indifferent to them, a judge could order that the parent have no custodial rights. Common reasons include:
If the parent’s situation is not as severe and he or she wants to be part of the child’s life, a judge may order supervised parenting time rather than revoking a parent’s custody rights.
How Would Supervised Physical Custody Work?
A court order may specify that a particular person be present during this supervised time, such as an extended family member or friend trusted by both parents. If there is no such person, or a judge is uncomfortable with that arrangement, they may decide that a qualified professional supervisor must be present. The setting will be safe for the child, whether at the parent’s home or at a location where there is room for these types of visits.
If you are the parent wanting to limit your child’s time with the other parent, ending custody rights is a drastic step few judges want to take. Unless the other parent is legitimately a danger to your child, you should be open to supervised physical custody.
If you are a parent facing challenges in your life, you can still seek custody. If you struggle with being with your child alone, accepting supervised visits may be a good choice. In the meantime, you should actively address your problems and take steps to show you will be a responsible parent.
A custody order can be amended if one parent shows that circumstances have changed. If the supervised parent:
Supervised physical custody can be a turning point in the child’s relationship with the parent. Which direction it goes depends on how the supervised parent responds.
Child Custody Lawyers You Can Trust
Karen Ann Ulmer, P.C. lawyers are skilled in developing compelling legal arguments and evidence that judges need to make wise child custody decisions. If you have questions about supervised visitation or need legal representation, call us at (215) 752-6200 today.
Don’t Bring Your Kids to Court
Divorce, ParentingIf you are involved in a family law matter in Bucks County, bringing your kids to court is not a good idea for practical reasons, how it may be perceived by those in the courtroom, and the harm it may do to your kids.
Bringing your kids along may be interpreted as a “power play” by a judge, the other parent, and their attorney. Kids are not accessories to be used along with the right clothes to show you are someone to be reckoned with. This approach in a custody dispute may backfire because the judge may see you putting your interests ahead of your child.
This Is Not a Play or a Sporting Event. Parents are Airing Their Grievances About Each Other
It is crucial to shield children from conflict and allow them to maintain a positive and healthy relationship with both parents. Parents can protect their children from unnecessary stress by keeping them out of the courtroom and preserving the parent-child bond during a challenging time.
Family court proceedings can be stressful and emotionally charged, with heated arguments and conflicting testimonies. Exposing children to these intense and potentially confrontational situations can cause significant emotional distress.
Children may feel caught in the middle, torn between their parents or family members, leading to confusion, anxiety, and insecurity. Witnessing parental conflict in a formal courtroom setting can have long-lasting adverse effects on children’s emotional well-being and may contribute to relationship difficulties in the future.
The Truth Should Be Spoken in Court. The Fact Your Kids are There May Make That More Difficult
Kids’ presence in the court can distort the process. There is a risk a parent may say something for the child’s benefit. They may want the child “on their side” and put on a show to ingratiate themselves with the child while painting an overly negative picture of the other parent.
The opposite might also be true. A parent may hold back on what they might otherwise claim about the other parent to avoid hurting the child’s feelings and drawing them deeper into the conflict. A manipulative parent may bring their kids to court with this in mind as a shield to try to blunt what the other parent may say about them.
Your Children are Going Through Enough. They Do Not Need to be Humiliated
An essential reason for settling family law issues is if you do not, they will be discussed in a courtroom open to the public. All of the family’s dirty laundry may be aired. A child in a courtroom may hear things about their parents or siblings that they do not need to know in a way that can be very harmful.
They may also hear their personal issues discussed in a room full of strangers, which may humiliate them. Respecting their privacy is essential for maintaining their dignity and protecting them from potential stigmatization or unwarranted attention.
Distractions Can Make a Bad Situation Worse
If a child is very young or emotionally sensitive, they may create a distraction in the courtroom. An infant not feeling well, hungry, or with a dirty diaper will make their presence known. They know nothing of courtroom etiquette. Distraught over what they hear, an older child may also respond with tears, sharp words, and lashing out. There is too much going on in the courtroom, and it is too important to be subjected to these distractions.
Contact Karen Ann Ulmer, P.C., if you have questions or believe you will need legal assistance with a child custody dispute, whether or not it’s part of a divorce. Call us at (866) 311-4783 or fill out our online contact form today.
What is a Child Custody Evaluation?
Child CustodyIf you are involved in a custody dispute, there may be at least one child custody evaluation. It is a psychological assessment involving the parents’ living conditions, family dynamics, mental health problems, and other relevant concerns to recommend what is in your child’s best interests.
Court-ordered evaluations are usually performed if the parents disagree on custody. If one is done fairly and competently, its recommendation may push the parties to settle on terms consistent with its findings.
Who Will be Interviewed?
Court-ordered custody evaluations are established by Pennsylvania and New Jersey court rules. The parties can also commission their investigation. A custody evaluator should interview:
They may also speak to teachers or counselors at school and review relevant medical or psychological treatment records.
What Will be the Basis of the Evaluator’s Findings?
The evaluator will consider:
The ultimate purpose of the assessment is to determine what custody arrangement is in the child’s best interest. The evaluator will consider the factors the court will use when making a decision, including:
A custody evaluation could take months and cost several thousand dollars. If the parties cannot agree on who will pay for an assessment ordered by the court, a judge may decide for them.
How Should I Prepare for the Evaluation?
You, your child, and any other family members interviewed should not see an evaluation as an invasion of privacy or a burden. It is an opportunity to tell your side of the story and address any concerns the other parent has raised.
There will be a visit to your home, so put yourself in the evaluator’s shoes. What would you look for? Your home should be clean and neat. Any obvious defects or problems with your home should be repaired. Mow your lawn. Dress neatly and comfortably.
You are not going to court, but you are not going to the gym, either.
What Should I Say to the Evaluator?
To be most effective, those interviewed (especially your child) should be open and honest. You will not be considered credible if you are overly critical of the other parent, appear biased, and are found not to be telling the truth.
You can maximize your ability to tell your story by:
You are best served by focusing on your child’s best interests and managing your emotions. Balance stating your legitimate concerns about the other parent while not bad mouthing or bashing them. You should also avoid playing an amateur psychologist by diagnosing them with a condition you think they suffer from.
What Happens to the Report?
The findings, including a recommendation, will be in a confidential report to the court that you and your attorney can read. If either party objects to the report, the evaluator can be cross-examined at a trial. If your case does not settle, the judge will probably rely on a court-ordered evaluation when issuing a ruling, but they should be open to fair criticism and legitimate assessments, if any, paid for by the parties.
Child Custody Attorneys You Can Trust
Karen Ann Ulmer, P.C. attorneys are skilled in developing the evidence that judges need to make child custody decisions. We will work with you to build a persuasive case to achieve your goals and protect your rights. If you have questions about custody issues or need legal representation, call us at (215) 752-6200 today.
The Dangers of Cohabitation After a Divorce
DivorceIf you are emotionally ready, starting a new relationship after a divorce may be a good idea. Depending on your situation, living together may be a bad idea because it may jeopardize, among other things, the alimony you receive and child custody arrangements.
Could Cohabitation Impact Alimony?
Pennsylvania statute 23 P.A.C.S. § 3706 states that cohabitation bars receiving alimony:
“No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity.”
“Cohabitation” under this statute has been interpreted as meaning:
Cohabitation may be shown by evidence of:
This statute, strictly speaking, only applies to opposite-sex couples, though a divorce agreement could ban alimony if a party cohabitates with someone of the same sex as well.
Could Cohabitation Impact Child Custody?
Courts should make custody and visitation decisions based on the child’s best interests. Starting a new relationship, especially if it reaches the point where the two of you live together, could result in the other parent (rightly or wrongly) challenging your custody (whether that has been decided by a court in the past or it will be determined in the future):
You should live your own life, but if you share custody of a child with another person, they can have a say in what is going on if your lifestyle, and the people you share it with, negatively impacts their child. That may include your loss of custody if a judge sees it is not in your child’s best interests.
If you are in a positive, stable relationship, and your partner is a good influence on your child who is benefitting from their presence, that relationship may make your argument for custody stronger.
Work With Experienced Alimony and Child Custody Attorneys You Can Trust
No matter which side you are on, if cohabitation becomes an alimony or custody issue, work with an experienced family law lawyer from Karen Ann Ulmer, P.C., who has an in-depth understanding of Pennsylvania and New Jersey laws and court procedures. Call us at (215)752-6200 or book a consultation online now.
Owing Child Support in PA
Child SupportNo matter which side of a child support dispute you are on, it is best you follow the law, obey the child support order, and act in good faith. A parent may genuinely be unable to pay for support, or their failure can be a ploy to extract a concession from the other parent.
What is Child Support?
Child support is an ongoing, periodic payment by a parent for the financial benefit of a child. This can be done through a private agreement or a court order. Child support arrangements can be between parents who never married or who divorced. Although payments go to a parent, they are to benefit a child.
How is the Amount Determined?
The amount of child support in a court order is based on statewide guidelines established by the state’s Supreme Court. Both parents’ incomes are calculated, and the number of children (among other factors) is considered. The guidelines are meant to ensure that similarly situated parties are treated similarly. Once the amount of support is identified, the amount is divided between the parents based on their incomes and the custody schedule.
Can the Amount Change?
A change in the income of either party or a change in the custody schedule can affect the amount. If you are having problems making payments, contact our office. We can try to modify the existing court order by successfully showing a judge that a material and substantial change in circumstances makes it impossible for you to continue making the payments.
This is usually a difficult hurdle to overcome, but it can be done. It can include such circumstances as the payor suffering from a chronic illness or disability impacting their earnings, the birth of another child, or the other parent increasing their income. What is not relevant is that the other parent is not living up to custody or visitation arrangements. Two wrongs do not make a right when paying child support.
If you are paying support and know that you will be facing financial problems or they are already impacting you, it is best to discuss this with the other parent and try to reach a resolution. Suddenly stopping or cutting your payment will not improve the situation.
What Efforts Can Be Used to Compel Payment?
If you are the one not getting a full or any payment, we can engage with the other parent or their attorney to try to resolve the problem. They may be acting in good faith. This may be a temporary problem or the start of a long-term issue. Though you may be frustrated and angry, this is not a valid reason to ignore your visitation or custody obligations to try to punish the other parent.
If a motion to modify support payment fails or no motion is filed, the court will assist in monitoring compliance with the order. It should consider petitions for contempt and enforcement for lack of compliance. Depending on the circumstances and whether this is a recurring problem, the non-paying parent faces measures consistent with state and federal laws, including:
To achieve these outcomes, you will probably need the services of an attorney experienced in handling child support disputes. If you have questions about child support or want to schedule a free consultation, call Karen Ann Ulmer, P.C. at (215) 752-6200 today.
What is Discovery in a Family Law Case?
Family LawDiscovery is a critical piece of any divorce here in Bucks County. Discovery refers to the sharing of information by both parties. It can be formal (involving court orders) or informal when both attorneys are satisfied that ALL information has been shared. Although there are limits on what must be disclosed, both parties should cooperate fully and honestly when they provide information and documents so that the issue can be resolved completely and fairly.
How Does Discovery Work?
Discovery happens after a complaint is filed and, depending on the case, could take months or years. It includes:
These requests need to be relevant and not overly complex or argumentative. Certain things are out of bounds, like communications between a party and their attorney. Inquiries into what happened long before the marriage or about issues that will not shed any light on what is in dispute (something lawyers like to call a “fishing expedition”) are also inappropriate.
The attorney representing the party receiving such discovery requests can object to them and not respond or only respond partially. If the attorney propounding the requests wants to push the issue, they can ask the case’s judge to decide whether the objection is valid or not and, if so, what limits there can be to the response.
Is Discovery a Big Deal?
The importance of discovery varies on the complexity of the matter. If it is fairly simple, like a divorce between a couple with few assets and no kids, it is less critical. The more complicated the case, the more important discovery becomes. If a:
Discovery helps both parties fully understand the facts and issues involved. They can adjust their strategy if the facts are not what they expected. Additional facts may fuel new legal issues.
This improved understanding also puts the parties in a better position to negotiate a settlement. All the relevant facts should be known, and the strengths and weaknesses of both sides’ cases should be more apparent. Instead of having a judge or jury decide the matter, the parties take control and resolve the matter themselves.
Get the Help You Need from an Attorney You Can Trust
If you are considering a divorce or have questions about the legal process, call our office at (215) 608-1867. We can speak over the phone, via a teleconference, or meet in our Doylestown or Langhorne offices.
Fast Track Your Divorce
DivorceIf you and your spouse are on the “same page” (or close to it) on getting a divorce and the major issues it involves, you may be able to move the process into the fast lane (though there is a waiting period here in Bucks County). If you are seeking a no-fault (or mutual consent or uncontested) divorce, after the complaint is filed, you have a 90-day waiting period before it is finalized.
Pennsylvania has this “cooling off period” after the complaint and notice of process are filed and served on the other party. After the time expires, each party files an Affidavit of Consent stating the marriage is irretrievably broken and that each wants a divorce and asks the court to grant it without a hearing. Also included is a legally binding divorce agreement stating how your issues are resolved.
If You and Your Spouse Work Together, Your Marriage Could End Quickly
You and your spouse must agree on all critical issues for a no-fault divorce, including spousal support, child support, child custody, division of property, and debts. These divorces are easier to achieve when the couple:
The spouses must communicate openly before the complaint is filed and agree they want a no-fault divorce. Ideally, disagreements about significant issues should be close to being resolved if not brought to an end.
You and your spouse need not be on good terms or feel good about each other. But your desire to wrap up your marriage in a short period of time must be greater than a need for conflict or to drag out the inevitable end of your relationship.
Three months should be enough time to work out your disagreements. It is also long enough to allow the parties to think about what they want and be comfortable with their decisions without feeling rushed. A 90-day deadline can also instill some urgency in parties who may let these issues fester for much more time.
Plan B If One Spouse Will Not Consent
If you want to move forward with a no-fault divorce, but your spouse will not consent, you can obtain a divorce decree after you provide evidence that your marriage is irretrievably broken and that the two of you have lived separately and apart for one year.
Under Pennsylvania law, you can live separately and apart even though you live in the same house. If you establish this separation lasted at least a year, your spouse could dispute that the marriage is irretrievably broken, but the one-year separation is usually enough proof that’s the case.
If There Is No Need to Delay a Divorce, Why Do So?
Our attorneys can get to work negotiating your settlement agreement and are ready to advocate for your interests, regardless of what kind of divorce is right for you. We know how difficult this time can be for you, and we will work to create the best possible outcome with the least wasted time.
Learn more by contacting our office. Call (215) 752-6200, book a consultation, or send us an email. We can meet you in our office or speak with you by phone.