Tag Archive for: divorce

Dividing home equity in a Pennsylvania divorce as real estate rebounds

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Improvements in the housing market mean that more couples again have equity in their homes. Division of marital property is one of the challenges in any divorce. When a marital home will be too expensive or more than one spouse can maintain, selling the home is again becoming an option. The sale of a home can result in a sizable profit, but consider the tax consequences and timing of the sale.

In Pennsylvania, the court equitably divides property in a divorce action by reviewing certain factors including some of the following:

The duration of the marriage;
Age, health and sources of income available to each of the spouses;
Contributions or dissipation of assets made by each party; and
Whether there are any minor children.
Equitable division does not always mean an equal award of the equity in the home. If one of the spouses owned the home prior to the marriage or sold a previous home prior to the marriage to secure a down payment, part of the equity may be considered non marital. This means it would belong to the spouse that brought the asset to the marriage and would not be divided.

While a divorce is pending, the court can award one or both of the spouses the right to continue to live in the martial home. When it is not practical for either spouse to stay in the home, the spouse who lives in the home may need to list the home for sale.

TAX CONSEQUENCES OF THE SALE OF A PRINCIPAL RESIDENCE
When certain rules are met, the seller of a principal home can avoid paying federal income tax on up to $250,000 ($500,000 for a married joint-filing couple) of the gain in value. When a couple has owned a home for many years in an area that has appreciated this becomes very important.

The Internal Revenue Service test requires that the seller owned and used the property as a principal residence for two years during the five-year period preceding the sale. To pass the joint-filer test, both spouses must pass the use test and one must pass the ownership test.

This is very straightforward when the sale occurs before a finalized divorce decree or within the same year. The couple could file jointly for one more year and claim the $500,000 exclusion.

When a sale of the principal residence happens after the divorce and the court awards the home to one of the spouses, then that spouse may only be able to claim the $250,000 and will owe taxes on any additional gain from the sale.

When considering divorce, contact an experienced family law attorney. Advice at an early stage in the process often means avoiding costly mistakes down the road.

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What If I Don’t Have the Documents I Need for Divorce?

When you meet with your lawyer or mediator to begin the divorce proceedings, you need to have many documents with you, both personal and financial. Not having access to these documents could delay proceedings or damage your case and limit your settlement options. A partial list of documentation includes:

  • Personal data: birth certificate; marriage license; life insurance and healthcare insurance; employment information and income; will and living will or advanced directive; power of attorney
  • Financial data: complete list of assets (bank accounts, investments, pensions, and value of homes, cars, and personal property like jewelry, furniture, etc); expenses (all bills, loans, mortgage, etc.); income tax returns for the past several years; list of assets or expenses obtained or incurred singly before marriage or given to individual as a gift after marriage (both spouses)
  • Childcare data: costs of childcare, evidence of each parent’s involvement in the child’s upbringing (involvement in school, sports, etc.) for custody settlement

This is a lot of information, and you may not have access to the records for a variety of reasons. But there are ways of getting what you need, although in some cases you may need help from your lawyer.

If vital personal records were lost or destroyed: For items such as birth certificates, green cards, income tax statements, and more, you can contact the federal government for duplicates. You will need to supply your social security number and you may need to show some other identification. In some cases, you may need to apply in person, while in others, like tax statements, you can make your request online.

If your spouse has the records of bills or assets and refuses to share: You may need to have your lawyer request a subpoena be issued to give you access to all the critical financial data you need. And as soon as possible upon deciding to divorce, sever all joint accounts, whether bank accounts, credit cards, or other things like family email, iTunes, social media, and others. See Shared Accounts and Your Divorce for more details.

If your credit card is in your spouse’s name but you are a secondary name, you can just call and have your name removed. If it’s a joint account, however, it may not be that simple. If both names are on any account, the company will hold you jointly responsible for the balance, and both of your credit scores will be affected by unpaid balances.

To prevent further use of joint credit cards or the withdrawal of money from joint bank accounts, your lawyer may have to request a temporary restraining order to freeze these accounts. Please discuss this with your attorney as soon as possible.

If you need evidence of child support and involvement: Contact your child’s school or daycare for copies of payments sent or parent-teacher conferences where the teacher would have recorded which parents attended. Photos and social media posts may also demonstrate the level of involvement in a child’s life by either parent.

Remember, it’s critical to have your documents as complete as possible in order to put you in a position of strength for your settlement or court appearance. You want to get the best financial and child custody arrangements to help you and your children be as comfortable as possible and be able to move on in a new life. Contact us here at Ulmer Law in Doylestown for our legal and mediation services. Let us help you.

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Issues When Dividing Vacation Properties in Divorce

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In Pennsylvania, if a divorcing couple cannot come to an agreement outside of court, all marital assets will be divided according to equitable distribution, which means, effectively, whatever the court thinks is appropriate after considering a number of factors. As long as both parties are reasonable, we encourage divorcing couples to avoid court so they can retain control of the division of their marital assets.

This is true for all assets, including vacation property. Even if the property was given to one spouse exclusively or purchased exclusively with one spouse’s income, and no family money was ever used to pay for its mortgage or upkeep, such property may be considered marital and will factor into the division of assets. Whether your divorce goes to court or not, you will probably have to decide what is to become of your vacation property.

Appraise the asset

Before you decide what to do with the property, you need to get an accurate appraisal of its market value. Also important is a complete listing of all costs associated with owning and maintaining the property: mortgage, interest, taxes, utilities, repairs, landscaping, and more.

With this clear, factual foundation, you can begin to evaluate the course of action that will best benefit the two of you and any children you have.

Decide your best option

Selling the property might be the easiest choice, allowing you to divide the funds received between you. It can be emotionally difficult to let go of a place where you may have created fond memories, but consider your need for liquid assets and the simplification of the process, which are important advantages to this option.

If you and your spouse are on reasonably good terms, you could choose to keep the property and divide its use. This is advantageous if children are involved, since they would still have the familiar vacation home to go to, providing them with much-needed security and continuity. But be sure to create a written document, signed by both of you, that will clearly delineate the times and seasons each will be using the home, the expenses each of you will be responsible for paying, and the dates those payments must be made. Your lawyer will be able to create a comprehensive document that will ensure that you both get good use out of the house without increasing tension.

You may also decide that one partner gets the family home and the other gets the vacation home. The complication here is in the valuation of each residence. If one house is worth significantly less, the spouse with the less expensive house can negotiate additional assets or benefits in order to balance the value of the two properties. However, if that house also has much lower expenses, the spouse with the more expensive home should insist that this benefit be factored into the negotiations.

 What about timeshares?

Treat a timeshare in the same manner you would treat a vacation home or vacation yacht or any other additional asset. First, get it appraised so you know what it is worth. Then, negotiate.

Get help

A seasoned divorce attorney can help you through all the nuanced legal and financial issues involved in divorce because we have helped many people through the process. Contact us here at Ulmer Law to see how we can help you, too.

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

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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.

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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.


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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.


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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.

 

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Divorced and Taking Your Children Out of the Country – PA Law

If you have joint custody of any children under 16, both parents must consent before taking them out of the country.

If your child does not already own a passport, Pennsylvania law requires that both parents must appear in person and provide proof of parentage to apply for the passport. In the case of divorce, a single parent may apply for the passport if he or she presents evidence of having sole legal custody or a court order permitting international travel with the children.

With joint custody, one parent has the right to oppose major decisions that pertain to the child, and this would include travel abroad, even if the child under 16 already owns a passport. If you are the one wishing to travel abroad with your child, you must obtain the written consent of your ex-spouse. This consent must be written in a manner that will be accepted at airports. If your ex is uncooperative, you may apply to the court to receive permission, but this can take time, and filing incorrectly can extend that timeframe. Whether you receive written consent or apply to the court, be sure to review your situation with an experienced family lawyer.

If your ex is trying to take your child overseas and you want to prevent it, you have the right to apply to the court to stop the travel. If your ex takes the child without your consent, you may file an international child abduction case with the U.S. State Department. But you want to avoid this since it is a long and difficult process.

One way to avoid an international abduction case is to file for a Ne Exeat bond (Latin for “that he not depart”). This bond requires the traveling parent to specify location and duration, provide contact information, and put up sufficient bond to cover the cost the non-traveling spouse would incur to try to get the child back.

Additionally, per PA law, a parent who owes $2,500 or more in child support is not eligible to receive a U.S. passport. You can also utilize the U.S. Department of State’s Children’s Passport Issuance Alert Program to flag any attempt to get a passport for your child with a fake consent form.

 

Traveling outside of the country with a child after divorce or separation requires many legal steps but can be done in a way that gives the child a positive experience while protecting the child and the rights of the parents. Given the many Pennsylvania and federal laws governing international travel with minors, we recommend that you reach out to us at Ulmer Law so that we can guide you through the process.

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How to Explain Divorce to Your Children

Divorce impacts children of different ages very differently, and the impact can be ongoing. You’ll need to be prepared for challenges, but by starting right, you can minimize the impact and speed healthy adjustment.

Both parents should tell the children together, if at all possible, and present a unified front. Plan together how you will tell the children about your divorce, what you will say, and just as importantly, what you will not say. Children of different ages can handle different information, so if you have a wide range of ages, keep it simple when telling them together and provide more details to the older ones later, or tell the older children separately so they have more time to ask questions and discuss.

Focus on what does not change: that you are still their parents, that you will both continue to love them unconditionally, and that you want to create a healthy and happy environment for them. Don’t go into details beyond their ability to understand, and don’t place blame on one spouse or the other – and don’t let them blame themselves.

With this general framework in mind, consider the needs of each child’s age-group:

Preschool/Toddlers: This age is self-focused, concrete, dependent, unable to process emotions; they need stability, consistency, and routine.

With this age-group, actions speak louder than words. They need constant reassurance, nurturing, and consistency in routine in order to feel stable and emotionally healthy. Keep your explanations short and concrete: “I’ll be moving to a different house, but I’m still your Daddy and I love you.” The mother would add, “I’ll be taking care of you and you’ll keep living here, but sometimes you’ll visit at Daddy’s house and you’ll see Daddy a lot.” Younger children will need frequent reminders and constant reassurance.

Elementary school age (6 – 12 year olds): This age wants to make sense of the situation, find reasons. Those reasons may be illogical or petty (they may remember a small incident and think that caused the divorce) or they may blame themselves. They are still mostly concrete and dependent and will want to know how it will affect their lives: school, activities, friends.

Be sure to provide some age-appropriate explanations. They will ask many questions, and here’s where your preparation will come in handy. Be prepared with answers they can understand that do not cast blame on the other parent. Try to remain calm. Emphasize it’s not their fault and that it’s okay and right to be sad, angry, confused. Keep open communication with them and watch for mood or behavior changes that can alert you to distress so you can intervene and help them cope.

Teenagers: Teens are more independent, have more external relationships to turn to, and can understand deeper causes, but still need adults to be adults so they can still be kids.

Discuss the divorce with your teens in more detail so they can understand how you’ve tried to save your marriage and why it didn’t work. Try to do so without harming the respect they have for the other parent (unless the cause of divorce is obvious, like substance abuse, adultery, or abandonment). Teens are looking to their parents as examples of adulthood. This could also mean learning from mistakes, so being honest with them about mistakes and how you could have done things differently might actually help them grow. But they still need you to be a parent and not a buddy. They may turn to peers, teachers, and/or coaches for support, but make sure they are receiving this support from positive influences and not turning to the wrong crowd of kids to cope. Consider counseling if you see personality shifts.

For any age group, it’s critical to keep the communication open. Talking to your children about your divorce consists of many small conversations, not one big one. Even if you feel they are trying to push you away or distance themselves, keep trying. They may just be testing you to see if you really love them. Show them by your words and your actions that your love for them will not change, even if other things do.

Contact us at Ulmer Law to see how we can help you through your divorce.

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Obtaining Sole Custody in PA

When determining custody arrangements in Pennsylvania, judges must hold to the standard of “best interests of the child.” Recognizing that children develop best when they have positive relationships with both father and mother, judges do not award sole custody without very strong evidence that this is best for the child.

Sole physical custody means the child lives with one parent only, although usually the other parent will have visitation rights. Sole legal custody means that one parent has complete authority to make decisions in the best interests of the child.

If you want to receive sole custody in PA, the burden is upon you to prove that it would be detrimental to the welfare of your child to live with your ex, even part-time. You will do best to discuss this with an experienced family lawyer to help you develop your case and avoid common mistakes.

Reasons for sole custody

The court will look at all factors impacting a child’s welfare: physical, emotional, intellectual, spiritual, psychological, and moral. The judge may also consider the child’s preference, the custody of siblings, relationships with extended family, and the primary caregiver prior to the separation.

Some considerations you may need to demonstrate to the judge:

  • Ways in which the other parent is unfit – history of violence, substance abuse, neglect
  • An unhealthy environment in your ex’s home or neighborhood – friends or significant others who come to your ex’s home and who pose a threat to the child; bad neighborhood; unhygienic environment
  • Other parent’s inability to provide – the child eats poorly when with the ex; ex has too little income to support the child
  • Physical or psychological harm to the child – history of physical or emotional abuse or manipulation; immoral behavior; lack of structure or discipline when the child is with the other parent; trying to damage the child’s relationship with you
  • Lack of involvement – the other parent has shown no interest in the child’s activities, school results, etc.
  • Erratic behavior when with child – refusing to allow you contact with your child; not following agreed-upon pick-up times; taking the child out of school or away without your knowledge

Keeping records and taking action

You will need documentation and witnesses to support your claims. There are legal and illegal ways of obtaining evidence, so it’s important to talk to an expert to help you do this.

When you feel you have a case, you will need to file a complaint in the court of the county where the child resides and complete other paperwork required by that county. Your ex will then need to be served the papers. This means he or she will have to physically take the papers in hand. With an uncooperative ex, it is sometimes necessary to call on an expert who knows how to hand deliver papers and get your ex to take them. After this, a conciliator may try to get both parents to work out an arrangement. If this does not lead to an agreement between parents, you may request a trial before a judge.

How we can help

While this is probably your first time attempting to gain sole custody, here at Ulmer Law, we have handled this situation many times. We know all these steps intimately and can help you build a case for sole custody that has a greater chance of success than if you were to do this on your own. We know the law, and we know when to bring in experts to help you. Contact us today to start building your case for sole custody.

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