Tag Archive for: divorce

Your Teen and Your Divorce

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All children process divorce differently and your teen will be no different.  They may be relieved if you and your spouse were constantly fighting or unhappy that mom and dad are no longer together.  They may experience a variety of emotions that they are unsure how to handle.  

 

What should you watch out for when raising a teenager and navigating through your divorce?

Regardless of their feelings about your split, it will be important for you to keep a close eye out for the following:

  1. Don’t let them play off of mom and dad:  “Dad said I could do this,” “Mom said you should buy me new sneakers.”  “Mom said that she will pay half if you pay the other.”  Whatever the case may, be do not allow your child to tell you what the other parent is going to do.  Check in with each other.  

  2. Create stability for your children:  Children of all ages need to know their schedules, how things are changing, and that they have two homes with parents who love them.  If you are all going to move then make sure they understand how they will see the other parent, attend school, and see their friends.

  3. Watch carefully and put support around them:  Your children are going through a substantial transition and need many forms of support.  Make sure that their guidance counselors are aware of your divorce so they can talk with the children and recommend a therapist as necessary.

  4. Realize boys and girls are going to process your divorce differently.  If you have a teenage daughter and son make sure you address their concerns and realize that they may have completely different fears causing anxiety.

  5. Don’t badmouth your ex:  Your children have the right to be loved and supported by both parents throughout their childhood.  The divorce is going to be difficult enough, so make sure you do not say bad things about the other parent.

  6. Promote bonds with both parents:  continuing on from #5 – your teen needs both a mom and a dad so encourage him/her to enjoy their time with the other parent.

  7. Listen to complaints but be firm:  Your child may not like the fact that he/she needs to now move between two homes, live under two different sets of rules, and “go see mom who lives too far away from my friends.”  Listen to their frustrations, acknowledge their feelings, but be the adult as they adjust to their new normal.

  8. Help them manage their emotions:  Your teens are going to have to process a significant number of emotions including shock, anger, sadness and even embarrassment – and sometimes all at once.  Make sure they know you are available to listen.

  9. It isn’t their fault – so many children feel that their parents could have been happier if they had been a better child – maybe not gotten in so much trouble, earned better grades, or not have needed so much “stuff.”  If your marriage was going to last it could have survived all of that – and your child needs to hear that from you.

 

When a teen goes through a divorce, communication is the key.  They need to know they can come to you when problems arise but they are going to need to also understand that the parents are in charge.

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Assisted Reproduction

Assisted reproduction refers to a number of procedures that may be utilized to achieve pregnancy including fertility treatments, in vitro fertilization and surrogacy. In vitro fertilization entails removing a woman’s eggs from her body and implanting the eggs with sperm to create an embryo. Those embryos can be stored until ready for use. However, couples should be aware of what happens to the embryos if they subsequently separate prior to using them. In Pennsylvania, frozen embryos are considered marital property and hence, subject to division in a divorce. The Pennsylvania Superior Court stated its position on the marital status of frozen pre-embryos in Reber v. Reiss, 2012 PA Super 86. In Reber, Wife wanted to use the frozen pre-embryos in order to have children of her own whereas Husband wanted the frozen pre-embryos either destroyed or donated for research.

Prior to reaching its decision, the Pennsylvania Superior Court considered how other states have dealt with this issue. Some states have focused on whether there is a prior agreement between the parties concerning disposition of the pre-embyros in the event of divorce and if so, will uphold the agreement as enforceable. Other states have held the enforcing such an agreement is a violation of public policy and have declined to do so. Another approach is a mutual consent model requiring both parties to agree on disposition, however, Pennsylvania did not find this model feasible since parties would not be in court in the first place if they could agree. The approach that was ultimately adopted in PA calls for the court to balance the interests of the parties.


In Reber, the court found that Wife’s interest in procreation using the frozen pre-embyros outweighed Husband’s interest against procreation since evidence established that the pre-embryos were likely Wife’s only opportunity to procreate along with testimony that Wife would allow Husband to be involved and wouldn’t pursue support in response to the concerns raised by Husband. The court did acknowledge that the party against procreation should normally prevail in a balancing test, however, due to the unique facts of the case, the scales tipped in Wife’s favor. It also seems that the court would’ve likely enforced an agreement on the issue if there had been one. Accordingly, parties who intend to undergo in vitro fertilization should draft a clear, unambiguous agreement as to the disposition of embryos upon separation, divorce or death, or else be subject to a balancing approach by the court.

Click here to read more about division of marital property.

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Social Security Retirement

Social security retirement benefits are payable based on the individual’s earnings history as well as age of retirement. Full retirement age is presently 66 years old. The benefit is reduced if electing to receive the benefit earlier. The minimum age to start collecting is presently 62 years old. An individual can elect to receive benefits under the spouse’s earnings history instead. An individual may receive up to 50% of their spouse’s benefit. This does not impact the spouse’s benefit in any way. An individual may elect to receive under their spouse’s benefit if their earnings history was substantially higher.

Even after divorce it may be possible to collect under your prior spouse’s earnings history. There are a few conditions that must be met. First, you must have been married for a minimum of ten (10) years. Second, you must not have remarried. Third, you must be at least 62 years old. Finally, the amount you will receive under your ex-spouse’s earnings history must be more than what you would receive based on your own work history. Electing to receive under your ex-spouse’s history will not affect any new spouse. Retirement benefits may also be payable to your children until they are 18 or graduate high school, whichever is later.

Click here to read more about divorce after 50.

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Steps for Simple, Uncontested Divorce

The procedures outlined below are suitable for an amicable divorce where there are no ancillary issues such as equitable distribution, custody or support. First, a Complaint in Divorce must be filed with the court. This may be your local county court or another county courthouse within the Commonwealth provided you consent to their jurisdiction. The difference in filing fees is a reason why you may look into filing outside of your county. Second, the Complaint in Divorce needs to be served on the opposing party. This can be done informally by having the other party execute an Acceptance of Service. Other options include service via certified mail, return receipt requested, restricted delivery or personal service by a process server of the Sheriff’s office.

Third, you must establish grounds for the divorce. For a no-fault divorce this would be either mutual consent of the parties after ninety (90) days or one or more year(s) of separation. If pursuing mutual consent, both parties would need to sign an Affidavit of Consent as well as Waiver of Notice for the divorce. If doing a divorce on the basis of separation, one party would file an Affidavit of Separation with the court and then serve it on the other party with a counter-affidavit to make sure they don’t object to the date of separation. The final step is filing a Praecipe to Transmit for Divorce Decree. This motion details all the prior steps for a divorce have been properly completed and includes the actual form of decree for the court’s signature if the motion is satisfactory.

Click here to read more about divorce.

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Veterans Benefits in Divorce

Former military members may be eligible to receive a number of different veterans benefits from the Department of Veterans Affairs (VA). Possible benefits include disability compensation, pension benefits, life insurance, educational benefits and more. Veterans benefits cannot be divided as an asset in a divorce case. This is due to the Uniformed Services Former Spouses’ Protection Act (USFSPA). The Pennsylvania Divorce Code confirms this rule. Under 23 Pa. Section 3501(a), discussing the definitions for marital benefits, veterans benefits exempt from attachment, levy or seizure are defined as non-marital.

VA disability payments are non-marital as are any military disability retirement payments. When discussing which benefits should be classified as non-marital, the statute goes on to draw a distinction as it relates to benefits received in lieu of military retired pay. Specifically, veterans benefits may be considered marital to the extent that a service member has waived military retired pay to receive the veteran benefit. This is because military retired pay is subject to distribution as a marital asset so any benefit received in exchange for their retired pay should be treated the same way. Veterans should also be aware that disability payments can be considered as income for an alimony award.

Click here to read more about military divorce.

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Preparing for Equitable Distribution

Equitable distribution is the term used in Pennsylvania referring to division of marital property at the time of divorce. Marital property will consist of nearly everything acquired in either party’s name from the date of marriage through to the date of separation. Equitable distribution does not necessarily mean a 50/50 split of all marital property. Instead, the statute on equitable distribution sets out 13 factors to be considered. In any divorce involving equitable distribution, the parties are tasked with identifying all the property to be considered. Specifically, Pennsylvania Rule of Civil Procedure 1920.33 discusses the requirement of each party filing an Inventory. The Inventory should list all marital assets and debts at issue. An Inventory must be filed prior to requesting a hearing on equitable distribution. Further, if you are served an Inventory first, you have twenty (20) days to file your own Inventory. In this regard, it is certainly helpful to have some understanding of what you and your spouse have prior to filing for divorce. You can supplement the list of marital property if you do not have knowledge of all the assets and debts at the outset.

The second part of Rule 1920.33 goes over the requirements for a pre-hearing statement. This statement is to be prepared when your case is ready to go to court on equitable distribution. Again, you will list all marital assets and debts. However, by this stage in the divorce you should have gathered all the information you need and be able to provide more detail regarding the assets, debts and their values or balances. Corroborating documentation should be attached to the pre-hearing statement as exhibits. Pre-hearing statements should be filed at least sixty (60) days prior to a scheduled equitable distribution hearing. The court does have the ability to impose sanctions for failure to file these forms as directed by the rules. It is important to work with an experienced family law attorney when dealing with equitable distribution matters to ensure all marital property is identified and subsequently submitted to the court in a timely fashion.

Click here to read more about divorce.

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One Year Separation for Divorce

On September 27, 2016, the House and Senate finally signed off on House Bill 380 which reduces the separation requirement for divorce in Pennsylvania from two years to one year. This version of the bill had been in the works for nearly two years with its initial introduction to the House occurring in early 2015. The House passed the bill by November 2015. The Senate finally passed the bill on September 26, 2016 after having received it for consideration last November. The bill is presently waiting for signature by Governor Tom Wolf. Once signed, the new law be effective in 60 days. Some parties contemplating divorce may want to consider waiting until the new law is effective prior to filing for divorce to be able to finalize their divorces quicker in the absence of mutual consent.

Pennsylvania will join neighboring jurisdictions who already have shorter waiting periods for divorce. New York, Ohio, and Maryland require only one year of separation. New Jersey and Delaware only require six (6) months of separation. The Pennsylvania Bar Association (PBA) played a significant role in pushing for the passage of the bill. According to the PBA, there has actually been a decrease in divorce since many neighboring states have allowed divorce after only a minimum period of separation. Additionally, a shorter separation period will allow the parties to move on with their lives quicker with less emotional and financial strain as well as promote the best interests of minor children in decreasing the period of uncertainty.

Click here to read more about divorce.

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Back to School – Who Pays for What?

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This is an expensive time of year for parents with school-aged children. Back-to-school shopping bills can run high from clothes to backpacks, pencils, and notebooks. When you are divorced and have children who pays these expenses should have been negotiated during your divorce. Your child support payment may have been calculated with these expenses in mind or your agreements should have clearly stated who is going to pay for which items. Sometimes parents simply agree to share all reasonable expenses with one doing the shopping and keeping track of receipts.

Here is a little more information on child support payments here in Bucks and Montgomery County, PA.

Child support in Pennsylvania is based on guidelines established by the state Supreme Court. They are intended to make sure that similarly situated parties are treated similarly. The amount of support is meant to provide for expenditures for food, housing, transportation and other necessary miscellaneous items on behalf of the children.

The guideline amount will be based on the combined net monthly income of both parties. There are circumstances which may warrant a change in the amount including having a special needs child. Raising a special needs child may result in additional education costs due to specialized education. The Rules of Civil Procedure covering child support matters allow for deviations from the guideline amount so you could have a support order requiring these costs be covered by the parties depending on their income, the cost to raise a child, tuition, and extra-curricular activities of the child.

In most cases both parties come to an agreement on which parent pays how much for child support. Educational expenses need to be considered when drawing up these agreements though as circumstances change changes in the agreement are often negotiated.

The person who doesn’t play a role in deciding who pays for what is your child. Like every other issue that may divide former spouses, using children as pawns in a power game will not help you. It will harm your child, your relationship with your child and a judge in a future matter may take your manipulation into account when making a decision.

If you have questions about child support or feel you may need legal representation in a child support matter contact our office so we can talk about your situation, how the law may apply and what can be done to protect your interests and those of your child.

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Divorced With Children: Issues You Need to Consider

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If you are seeking a divorce and you and your current spouse are parents you need to lay the foundation for a happy and healthy future for yourself and your children. When divorcing there are both emotional and financial issues to consider. Issues surrounding children can be extremely contentious during a divorce, but a skilled attorney can help bring together to start working on issues together for the sake of the children.

If you and the other parent can not agree, a family law judge will make final decisions for you. However, they work from the relevant facts of your case, applicable laws and what they feel is in the best interest of the children. It is best to keep your case out of court and work together for the sake of your children.

When children are involved in a divorce, there are two major areas to be understood and considered:

  1. Custody / Visitation

There is legal custody (which covers who can make important legal, health and educational decisions concerning a child) and physical custody (which concerns with whom the child will live, when and for how long). Normally legal custody is shared by the parents .

During our discussions on physical custody, we will discuss where the child is going to spend his/her time during regular times of the year, vacations and holidays. Physical custody can be join which both parents have equal time or one parent may have primary custody with the other parent having partial custody. In some instances there may be no overnights or supervised custody.

2. Child Support

Parents have a legal obligation to financially support their children but must file to receive it. How that is calculated is based on state guidelines. Generally the parent who does not have primary physical custody provides child support payments to the other parent and/or agrees to pay certain bills or expenses concerning the child.

It is important to create an environment dedicated to supporting your children so they remain stable long after the divorce is over.

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How Do I Enforce a Custody Agreement in a Divorce Settlement?

When we work with you on your divorce, your divorce settlement agreement will contain all the important issues facing you and your spouse including who has what type of custody. If your relationship breaks down and one party refuses to recognize the other parent’s custody rights, the aggrieved parent can try to have the agreement enforced in court.

A properly executed, final divorce agreement is binding on the parties. It’s normally incorporated into the final divorce decree so that it will be as enforceable as any other court order. After your divorce the family courts retain the ability to enforce that judgment as long as necessary.

When you have problems it is important to know that there is a formal procedure to follow to have a custody arrangement enforced immediately. Yes, you can call the police, but do you really want your children to see that circus? To most effectively enforce the agreement we need to get in front of a judge if your spouse is being uncooperative.

An enforcement hearing is normally a much more simple legal proceeding compared to the entire divorce case with all the many issues it involves. At issue will be whether the agreement is valid and enforceable and if so whether it was violated or not. If so, the court needs create an order to enforce the agreement.

A motion to enforce the agreement would be filed with the family court. It explains the situation and discusses what terms of the agreement or prior court order was not complied with. After it’s filed the court will set a hearing date for the motion. If there are disputed issues of material fact a hearing will be scheduled. At the hearing both sides can present evidence to support their side of the story. The judge considers the evidence and legal arguments and issues a decision.

If the former spouses have a difficult relationship child custody issues and all the emotions that come with them can turn a bad situation much worse. Like all other divorce issues it’s best to try to negotiate a resolution to disagreements over custody but ultimately an aggrieved parent being denied his or her custody rights can try to bring the issue to a close with a court order.

If you have questions about child custody or feel your rights to the custody of your child have been violated, contact our office so we can talk about your situation, how the law may apply and what can be done to protect your interests and those of your child.

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