Tag Archive for: divorce

Divorcing When Wealthy: Please Use Common Sense

Divorce is never an easy decision, but when wealth enters the equation, it adds layers of complexity that can make the process more challenging. High-net-worth individuals face unique issues and considerations when seeking to dissolve their marriages. Nearly all divorces are resolved through negotiations, and negotiations are especially important when a couple is wealthy.

Legal Representation

The more the two of you have, the more is at stake in a divorce. High-net-worth divorces require specialized legal representation and the use of outside experts. You rely on other professionals to run your business or manage your wealth. It only makes sense to retain a Karen Ann Ulmer, P.C., attorney to protect your interests during this critical time in your life. We will help you negotiate the best resolution possible for you and your family.

Equitable Asset Division

One of the most significant challenges in a high-net-worth divorce is the division of assets. The greater the assets and the more complex they are, the more difficult it can be to unwind the financial relationship between the two of you. Once we get all the information about the assets you hold, we can begin to negotiate a fair and reasonable division that will work for both parties.

Prenuptial Agreements

Prenuptial agreements are legal documents specifying the division of assets if the couple divorces. These agreements are especially useful when one or both parties have substantial wealth. If the two of you signed an agreement, we can review it.

If it is properly written and executed, it is binding. All that the agreement covers cannot be disputed or litigated during the divorce. That is good if the agreement is favorable to you, not so much if it is not.

Spousal Support

Depending on the circumstances, wealthy individuals may be required to pay substantial spousal support (alimony) to their former spouse. The marriage’s length, the income disparity between the parties, and the lifestyle to which the spouses are accustomed play a role in determining the amount and duration of spousal support.

Negotiating this aspect can be contentious, and often, the party potentially paying the support may be able to lessen or eliminate it if the other party receives certain assets or other issues are negotiated in their favor.

Business Interests

For those owning businesses, divorce can significantly impact a company’s operation and ownership. It is vital to consider the implications of a divorce on the business, including issues like stock ownership, control, and valuation. Depending on which side you are on, you want to protect your business interests and ensure its continuity, or you want your fair and equitable share of the company. Negotiations concerning the ownership of a family business can become emotionally charged, but it is something we have successfully handled many times.

Take the Best Approach

Litigation involving high-net-worth individuals can be very complex, time-consuming, and expensive. Those with more resources can spend more on litigation, but that is not necessarily a good idea.

In addition to spending hard-earned family wealth in the courtroom, divorce trials are open to the public. Whatever “dirty laundry” aired at trial can become public knowledge. You also lose control of the divorce’s outcome when it is put into the hands of a judge or jury.

Reaching a divorce settlement is like negotiating a business deal. It is all about costs, benefits, risks, and how to best manage them. Your divorce will be resolved one way or another. If the parties are reasonable, common sense will dictate the give and take between the parties. Once both parties know all the facts about your assets and other relevant issues, it is best to start negotiations sooner rather than later, because they could take a long time.

If your spouse is unreasonable when negotiating or sees the divorce as a way to get “payback,” litigation may be inevitable. Whatever path your case takes, Karen Ann Ulmer, P.C., attorneys will protect your interests and defend your rights.

Get the Help You Need from an Attorney You Can Trust 

If you are thinking about getting divorced or you have decided it is the right choice for you, call us at (215) 608-1867 or schedule a consultation online now. No matter your income or assets, you can start a new chapter in your life. We can discuss your situation over the phone, via a teleconference, or meet in our Langhorne or Doylestown office. 

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Must You Put Up with Your Co-Parent’s Slander?

If your co-parent makes damaging, false statements about you and you suffer some legally recognized harm under Pennsylvania law, you may have a defamation case. If these statements are made to or around your child and alienate them from you, a faster resolution may be through family court.

Parental Alienation

If your co-parent is making defamatory statements about you to your child, or they hear them when they are made to others, this may be part of an effort to seek vengeance against you or to punish you by poisoning your relationship with your child. They may try to toy with the child’s feelings for you. They want to manipulate them to the point it negatively affects or breaks up their relationship with you.

These parental alienation efforts need not be intentional or directed at the child. Their criticism of you may be so constant and open that your child cannot help but hear and think about it. They may conclude you are such a bad person that they do not want to be around you.

If this happens, your child may need counseling to separate the fact that you love and care about them from the fiction that you are a terrible person. This can also be a basis to ask a court to end or limit the other parent’s visitation or custody rights.

Pennsylvania law makes putting both parents in a child’s life a priority, but there are limits. Two factors a judge should consider when making a custody decision are whether:

  • One parent is trying to turn the child against the other
  • A parent encourages and enables the child’s frequent and continuing contact with the other

If you discuss this problem with your co-parent and they deny it happens (but your child says it does) or tell you they will say whatever they want, you should contact our office. If we cannot convince them (directly or through their attorney) to stop, taking this to court and forcing them to understand that their slander is endangering their visitation or custody rights may make them change their ways.

Making Defamatory Statements to Others

If these remarks are not made to or around your child but are made to others, depending on the facts of the case, under Pennsylvania statute, you may have grounds for a defamation case against the co-parent. Defamation that is spoken (to neighbors, coaches, and teachers, for example) is considered slander, and when it is written (like in social media posts), it is libel.

The statements must tend to harm your reputation and lower your position in your community. They may also discourage others from associating or dealing with you. Libel would blacken your reputation and expose you to public hatred, contempt, or ridicule. A court would view these statements in the context of your relationship.

It is not enough if these statements embarrass, annoy, or anger you. You would have to show the court real and tangible injuries, such as distress, depression, or anxiety. Losing a job or customers if you own a business can also show the statements harmed you.

Your co-parent may have defenses to your defamation claims, including a denial that the statements were made, or that they were made but are truthful or they are the opinion of the co-parent. If you file a claim for libel, you will need to prove the statements were made negligently or maliciously to be awarded damages.

What Should I Do If My Child Starts Turning Against Me? 

If you think you may be dealing with parental alienation or believe your co-parent’s statements have gone too far, please call Karen Ann Ulmer, P.C., at (215) 752-6200.

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Our Flat Fee for Divorce Representation

If you are thinking, “I cannot afford to get divorced,” we have an option that may work for you. 

If your divorce is relatively simple, our flat fee is a good option for divorcing couples. If you have no children or few assets, a simple divorce may be your best choice. This may also work if you have worked out child custody or alimony issues and a fair distribution of debts and assets through a prenuptial or postnuptial agreement. If complications arise, we will bill you hourly if they require more time and effort to resolve than we expected. 

The Benefits of a Flat Fee Charge 

There are many advantages to this approach beyond saving money: 

  • Cost Predictability: One of the most significant benefits of a flat fee is that you know what to expect. We agree on a specific price for our services upfront, allowing you to budget effectively and avoid unexpected legal costs.  
  • No Hourly Billing Surprises: In traditional hourly billing, you might receive invoices with charges for every phone call, email, or meeting with an attorney. Flat fee arrangements eliminate this uncertainty, as the total cost is set from the outset. 
  • Reduced Conflicts Over Billing: We avoid billing disputes, which can cause conflicts between clients and their attorneys in hourly billing arrangements. 
  • Focus on Resolution: With a flat fee arrangement, we are focused on ending your marriage as quickly and as efficiently as possible, preventing expensive, contentious, and lengthy legal battles. 
  • Reduced Financial Stress: Divorce can be financially challenging, and flat fee arrangements can reduce the stress associated with the process. You can focus on your future and family instead of monitoring your legal expenses. 
  • Peace of Mind: Knowing the cost of your legal representation upfront can provide peace of mind during a stressful divorce process. It allows you to concentrate on other aspects of your life and reduces the anxiety associated with ongoing billing concerns. 
  • Alignment of Interests: Flat fee arrangements align everyone’s interests. Spouses benefit from efficient case management and a swift resolution, which can result in a more cooperative working relationship. 
  • Tailored Services: We will tailor our services to your specific needs within our agreed-upon fee structure. 
  • Encourages Open Communication: Flat fee arrangements can foster better, more open communication between clients and our attorneys. Clients are more likely to seek advice and discuss their concerns without worrying about hourly charges 

Your divorce may still be affordable if your situation is too complex for a flat fee arrangement. Our firm works with a third-party company that may be able to finance our legal services. If you are interested in this, you will need to complete an application, and we will submit it to the company. If your case is complete, we also may help you with a payment plan to pay your balance. 

Call for a Confidential Consultation


Karen Ann Ulmer, P.C., can provide dedicated, caring advice and counsel if you are considering getting divorced or have already decided that one is right for you. For a confidential consultation with a Doylestown divorce lawyer at Karen Ann Ulmer, P.C., call (215) 752-6200 or send us an email. We can meet you in our Doylestown or Langhorne office or speak on the phone about the divorce process and its cost.

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Navigating Co-Parenting Challenges: Common Problems and Solutions

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Co-parenting after a divorce or separation can be a challenging endeavor. Both parents should consider the child’s best interests, but practical problems and an uncaring or uncooperative spouse can present serious issues. The parents should act like adults and resolve conflicts, but that does not always happen. The situation may end up in court if the parents cannot fix the problem. We help many clients out of our office in Langhorne prepare to co-parent and can also help renegotiate agreements if there are issues. Here are the most common problems:  

Communication Breakdowns 

One of the most frequent co-parenting challenges is a communication breakdown. Misunderstandings, missed messages, and ineffective communication can lead to frustration and conflict. The parties should establish clear lines of communication using methods that work best for both parents. Whether it is phone calls, emails, text messages, or co-parenting apps, communications should always maintain a respectful tone and focus on the child’s best interests. 

Differing Parenting Styles 

Co-parents often sometimes have different parenting styles and values, which may lead to disagreements about the child’s discipline, routines, and rules. The parents should act in good faith and focus on compromise and consistency. Discuss your parenting styles and establish agreed-upon guidelines for raising your children. Flexibility and a willingness to adapt may be necessary for successful co-parenting. 

Scheduling and Logistics 

Coordinating schedules for visitation, school events, extracurricular activities, and holidays can be a logistical nightmare, leading to misunderstandings and conflicts. Shared calendars or co-parenting apps can help the parties keep track of schedules and appointments. Be flexible when accommodating changes and provide the other parent ample notice if adjustments are needed. Plan for holidays and special occasions to avoid last-minute conflicts. 

Emotional Strain 

Co-parenting can be emotionally draining, potentially requiring constant interaction with an ex-partner, bringing up past grievances and hurt feelings. You can seek emotional support from friends, family, or a therapist. Co-parenting is about your children, not your past relationship. Keep conversations child-focused and keep a business-like tone when discussing parenting matters. 

Financial Disputes 

Disagreements about child support, medical expenses, and other financial matters can strain co-parenting relationships. Child support agreements and orders spell out who cares for the child and pays child support. Agreeing to changes can be a slippery slope where one compromise leads to more. You should call our office for advice on handling this situation. 

Residential Relocation 

Depending on the distance, one parent relocating due to work or personal reasons can complicate or wreck your co-parenting arrangement. You should be cooperative if this is a local move. A long-distance move could force you to rewrite your parenting plans. This is also an important issue that justifies getting legal help. 

Parental Alienation 

The other parent may attempt to alienate your child from you from the other parent, damaging the child-parent relationship. This emotional blackmail and criticism of the other parent is intended to turn the child against the targeted parent. If you suspect parental alienation, document any incidents and contact our office. Courts take parental alienation seriously, and legal remedies may be necessary to address this issue and protect the child’s relationship with you. 

The other parent may fail to comply with court-ordered visitation, child support, or other legal obligations. This may happen because they are chronically disorganized, but it is more likely this is an intentional way to punish you for the divorce and protest what they think may be unfair mandates. Like alienation, this is a serious matter. Keep records of what happens. If the other party is not acting in good faith, contact our office so we can take steps to put a stop to this behavior. 

Do Not Put Up With Co-Parenting Problems. Take Action Before They Get Worse  

Depending on your child’s age, you may co-parent for many years. Ignoring problems will only make them worse. To learn more about handling co-parenting issues or to discuss legal representation, call Karen Ann Ulmer, P.C., at (866) 349-4721 or book a consultation online.   

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The Empty Nest Divorce

Empty nest syndrome is a complex and emotional situation many married couples face after their children leave home for college, work, or to start their own families. A parent may feel lonely, depressed, and without purpose. They may also feel relieved, happy, and eager to start a new chapter. This emotional mash-up and other marital challenges can lead a long-married couple to divorce. 

What is Empty Nest Syndrome? 

Empty nest syndrome is the label for feelings of sadness, grief, and loneliness that parents experience when their children move out. For many couples, this period marks a significant shift in their lives.  

They must adapt to a new routine, redefine their roles, and rediscover each other as individuals and partners. While some couples successfully navigate this transition, others face considerable challenges that can strain their relationship to the breaking point. 

Why Would Empty Nest Syndrome Lead to Divorce? 

A critical reason empty nest syndrome can lead to divorce is the shift in priorities that often occurs. Parents dedicated their time, energy, and resources to raising their children for years. When they leave, couples may have more free time and the opportunity to focus on their interests and desires.  

This newfound freedom can lead to self-discovery, which may reveal that they have grown apart or developed different aspirations. These parents may struggle to redefine their identities once the nest is empty. Some couples may realize they have grown apart and have little in common beyond their children. 

Raising children often provides couples with a shared purpose and a sense of unity. When children leave, this shared purpose disappears, leaving a void that some couples struggle to fill. Couples may feel disconnected and adrift without a common goal, leading to a sense of emptiness in the relationship. 

Unrealistic expectations about life can accompany empty nest syndrome once the children are gone. Some couples may believe that their relationship will automatically improve or that they will instantly reconnect. When these expectations are unmet, disappointment and frustration can set in, leading to marital dissatisfaction and, in some cases, divorce. 

Middle-aged empty nesters also may face issues that add additional stress. Their health may start to decline. Couples may face financial problems, especially if one loses a job and paying for college dries up a chunk of their savings. They may also be burdened by their elderly parents’ health issues and need for financial help. 

Effective communication is critical to the success of any marriage, and the absence of children can reveal pre-existing communication issues. With fewer distractions and obligations, couples may become acutely aware of communication breakdowns or unaddressed conflicts that have been simmering beneath the surface. These unresolved issues can create tension and push couples toward divorce if not adequately addressed. 

What are Coping Strategies for Empty Nesters? 

While empty nest syndrome can pose significant challenges to a marriage, divorce is not inevitable. Many couples successfully navigate this transition and emerge with stronger, more fulfilling relationships. Here are some coping strategies: 

  1. Open Communication: Addressing feelings and concerns openly and honestly is crucial. Couples should make an effort to talk about their expectations, fears, and future aspirations.  
  2. Reconnect: Rediscover each other as individuals and as a couple. Rekindle shared interests or explore new hobbies and experiences together. 
  3. Seek Support: If you cannot turn the situation around by yourselves, you may need a therapist or counselor. Professional guidance can help couples work through challenges and improve communication. 
  4. Set New Goals: Create new goals and aspirations together. Whether they are traveling, volunteering, or pursuing personal interests, having shared goals can help couples find purpose and meaning. 
  5. Spend Quality Time Together: Prioritize quality time spent together. This could be through date nights, weekend getaways, or simply spending time talking and connecting on a daily basis. 

Your marriage is unique, so what may work for one couple may not work for another. Both parties need to openly communicate what they want for their future, but that will not be easy when one or both do not know what that is. 

It May be Time for a Divorce 

It may be time for a divorce if your relationship challenges cannot be resolved despite your best efforts. If your marriage is just a shell of what it once was, held together by the desire to remain married “for the sake of the children,” both parties may be better off going their own way. Those divorcing later in life may face health insurance, financial, and housing issues, but they may be addressed fairly through negotiations or litigation. 

Get the Help You Need from an Attorney You Can Trust 

If you are thinking about getting divorced or have decided it is the right choice, call us at (215) 608-1867 or schedule a consultation online now. No matter your age, you can start a new chapter in your life. We can talk over the phone, via a teleconference, or meet in our Langhorne or Doylestown office. 

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Swift Separation: Seven Ways to Speed Up Your Divorce

If you are asking, “How long does it take to get divorced in Bucks County?” you may be looking to ensure the process is quick. An approach to a divorce that will speed up the process will not only save you time, but it may also save you money, emotion, and stress. The less confrontational the divorce, generally, the less time it will take. Even if the two of you are apart on important issues, some things you can do may still shorten the process. While expediency is a reasonable goal, it should not come at the cost of settling for an unfair or inequitable resolution.  

  1. Take an Amicable Approach 

Maintaining an amicable relationship is one of the most effective ways to speed up the divorce process. You do not need to love each other. You just need to be able to work with each other and be civil. Part of that is discussing and agreeing on goals.  

An uncontested divorce, where both sides agree to the terms of the separation, can significantly reduce the time and costs associated with divorce. The more business-like the approach, the less emotion is in the mix, and the easier and faster the process will be. 

  1. Get Legal Help 

Representation by a Karen Ann Ulmer, P.C., attorney who will help you navigate legal complexities, provide guidance, and ensure all the necessary steps are taken while protecting your rights and interests should save you time, effort, and grief. Depending on your situation, a do-it-yourself divorce may result in multiple mistakes, making the process longer and negatively impacting the outcome.   

  1. Organize Your Financial Documents 

Gathering and organizing all your financial documents, including bank statements, tax returns, and investment records, can streamline the divorce process. This preparation can help your attorney assess your financial situation more quickly and facilitate negotiations regarding property division and spousal support. 

  1. Commit to Negotiating a Resolution 

Very few divorce issues are resolved through trials. Nearly all divorces conclude through negotiation, with or without the help of mediation. If that is the most likely path your case will take, make the most of it. 

We can help you negotiate a comprehensive divorce agreement that covers all aspects of your divorce, including property, debts, child custody, and support. Presenting a well-structured agreement to the court can expedite the process and reduce the need for further negotiations. 

  1. Maintain Clear Communications 

Keeping open and clear communication with us will help move things along. We will promptly respond to your phone calls, and if you do the same when we contact you, the process will go faster. It will also help if you keep us informed of changes in your situation or actions by your spouse that may impact the divorce. 

  1. Use Mediation or Alternative Dispute Resolution (ADR) 

Mediation and ADR methods can be faster and less adversarial than traditional litigation. A neutral third party can help you and your spouse agree on various issues, potentially reducing the time spent in court.  

  1. Consider a Collaborative Divorce 

Collaborative divorce is a process in which both parties and their lawyers commit to resolving the divorce without going to court. This approach encourages cooperation and can significantly expedite the process. 

We Can Help You Achieve Your Goals  

Karen Ann Ulmer, P.C., attorneys can help you through your divorce in a way that minimizes the time, effort, cost, and emotion you must spend while achieving the best resolution possible. There is no guarantee your divorce will not drag on, but we will do our best to minimize it.  

If you have questions about divorce or need legal representation, book a 15-minute consultation by filling out our online form.  

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I Lost My Job. Can I Pay Less Child Support?

Depending on the circumstances of your job loss, you may be able to modify the child support order. Unless you are desperate, do not lower your payments without at least the other parent’s agreement until you get court approval. 

What is Child Support? 

Parents must financially support their children until they are 18 or are self-supporting. Generally, the parent with more custodial time receives child support payments from the noncustodial parent. The money must be spent for the child’s benefit.  

If the parents cannot agree on how much should be paid, a judge will decide the issue. A state formula for payments considers the parents’ incomes, the number of children involved, and other factors.  

Can My Payments Be Lowered If I Lose My Job? 

Payments can change if a parent’s income increases or decreases. You can ask a judge to modify your child custody order if it is impossible for you to continue making the planned payments. The judge will need evidence about the facts of your job loss. You have the burden of proving through admissible evidence that a material and substantial change of circumstances occurred since the court order was signed. If a parent’s income was involuntarily reduced and it is not part of a scheme to avoid their child support obligation, a court will consider reducing the support obligation.  

Job loss might not be enough to justify a modification. Child support can be collected from many sources, including unemployment benefits and severance pay. If you genuinely cannot make your payments, pay what you can and explain the situation to the other parent. Acting in good faith may help your attempt to change the child support order. 

Can the Court Expect Me to Pay Child Support If My Income is Cut? 

If the judge finds your evidence does not support your request, or there is evidence you got yourself fired to avoid support payments, you may be stuck making the same payments even though you are not working. The court may “impute” income and maintain your obligations. 

Courts, generally, will not do this if the job loss is not your fault. But, if the court finds you are intentionally underemployed or unemployed to avoid paying support, the judge can impute additional earning capacity when calculating child support payments. It would be what you should earn if you had a full-time position in your field, given your experience level. 

We Can Help You Achieve Your Goals 

Karen Ann Ulmer, P.C., attorneys believe that, unless the parties agree, no one should receive less child support or be made to pay more support than the law requires. One of our lawyers may obtain a modification of your support payments efficiently and for an affordable fee.  

Whether you are paying or receiving child support payments, if you have questions about modifying a court order or need legal representation, book a 15-minute consultation by filling out our online form. 

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Bucks County Child Support: Private or Should You Go Through the Court?

Nearly all family law matters are resolved through agreements, including child support payments. Parents could create a DIY child support agreement. But it is not a good idea if you are the one receiving the payments because you are better protected when the court is involved. 

What is Child Support?  

Child support is a parent’s periodic payment for their child’s financial benefit. This can be done with a private agreement or a court order. Child support payments apply to situations in which the parents never married, the parents are married but living apart, or the parents are divorced. A parent receives the payments, but they are to benefit a child.    

How is the Amount Determined?  

It is based on guidelines established by the state’s Supreme Court. The parents’ incomes are calculated and used in a formula that considers many things, including the number of children. The custodial parent pays child support to help pay for the care of the child. The guidelines are just a starting point, and what is paid could vary significantly depending on the circumstances. 

The parents split expenses based on their incomes and ability to pay. How much is paid is also impacted by whether custody is shared. The amount paid in child support is not always clear-cut because incomes may vary depending on how a parent is paid (hourly, salary, sales commission, bonuses, or a combination). Child support generally continues until a child is 18, but that may be extended depending on the situation. 

Why Not Just Work Out a Child Support Agreement? 

There is not much more work left if an agreement has been reached and reviewed by each party’s attorney. If you are a custodial parent, do not negotiate an agreement without legal help. Your child may be entitled to more support than you realize. 

You could look at court approval as a formality, but that does not make it a waste of time. It adds certainty and protection to the parent receiving the support. There is no guarantee that payments will never stop, come late, or be less than they should be. Court involvement brings a system of enforcement that can benefit your child. 

A child support order protects you in a situation in which the other party does not live up to the agreement. In most orders, when the other parent is a W-2 employee, child support obligations will be attached to their earnings. As long as they are paid, child support will be paid as well. If an order is in place and payments are made directly from one parent to the other, if the payments stop, you can file for enforcement of the child support payments.  

Whether you pay or receive it, if you have questions about child support or need legal representation, call Karen Ann Ulmer, P.C., at (866) 311-4783 or complete our online contact form today.   

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Can I Record My Ex in Pennsylvania?

Like all things legal, that depends on the facts. Some types of recordings are legal, while others are not. The answer is no if you want to secretly record a conversation with your ex without their consent in Pennsylvania. That applies to face-to-face and phone or electronic communications. Pennsylvania’s wiretap laws are very strict. If you or the other party is located in PA at the time of the call then you must have consent. Therefore, if you feel it is necessary to record another individual, it is best to first consult with an attorney.  

You may be very motivated to succeed at whatever legal challenge you face. You might seek revenge against your spouse who did you wrong, and you think a recording of them making incriminating statements would be frosting on the cake. However, while secretly recording someone is generally legal in some states, it is not legal in others, including Pennsylvania. 

What Is the Law in Pennsylvania? 

The state has a criminal “wiretapping law” that covers recording conversations over the phone or electronically and in person. It requires that all parties involved consent to the recording unless you fall into one of the exceptions (which mainly cover law enforcement). If you are convicted of violating this statute you could face up to seven years in prison, a fine between $2,500 and $15,000, or both.  

This statute states that you would violate the law if you: 

  • Intentionally intercept, try to intercept, or get the help of another to intercept or try to intercept any “wire, electronic or oral communication.” 
  • Disclose or try to disclose to another “the contents of any wire, electronic or oral communication, or evidence derived therefrom” while knowing, or having reason to know, the information was obtained illegally. 
  • Use or try to use “the contents of any wire, electronic or oral communication, or evidence derived therefrom” while knowing, or having reason to know, the information was obtained illegally  

If you secretly record your ex, bring it to our office, and play it in the hopes of using it as evidence, you arguably broke the law three times. You recorded the conversation, played it, and tried to use it against your ex.  

If you have such a recording, we do not want to listen to it, and we cannot use it as evidence in a legal matter. If you make a secret recording and play it for us, we cannot represent you because we would be potential witnesses to your criminal prosecution. 

What are the Exceptions? 

Another statute states that you can record conversations when all parties consent. If you do this, you should ask for and record their consent in case they later claim you made the recording secretly. Explicit consent is always a good idea but is not required if you plainly warn the other party of the recording and they speak anyway. 

One Pennsylvania court ruled that recordings are permissible if all the parties knew, or should have known, of the recording. The recording at issue involved communications at a county jail where two people used a closed-circuit system using telephone handsets which gave them a warning the conversation could be recorded. 

If the two of you are in public but not having a private conversation, and the other person has no reasonable expectation of privacy, you could take out your smartphone and start recording. This could be a situation where you are both in a store, restaurant, or busy sidewalk, and the person is yelling at you, not in a restaurant where the two of you are using normal tones of voice while your smartphone secretly records what is said. 

Can I Use Video to Record My Ex? 

Video can be used as long as the audio is not recorded and the person does not expect privacy. If your ex is violating a custody agreement by chronically being late to pick up or drop off your child, a properly set camera with the correct date and time showing when they come and go is fair game. If you have a protection from abuse order against a person, but they violate it by coming to your home or following you, video can document what is happening.  

Before You Record a Conversation, Contact Our Office 

The potential cost of secretly recording a conversation is steep, so do not do it until you fully understand the law. What you want to do may or may not be legal or admissible in court. We can also answer your questions if you are involved in a family law dispute and learn you have been secretly recorded. 

Call Karen Ann Ulmer, P.C., at (866) 349-4721 or book a consultation online now.  

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Can Alimony be Modified?

Alimony is support paid by one ex-spouse to the other. Depending on the circumstances, it can start during the divorce process and last a spouse’s lifetime. Lives change over time, and alimony can too, either with the parties’ agreement or a court order. 

The alimony amount is usually based on the parties’ incomes and is often determined by the couple’s financial situation. The amount may be negotiated up or down in light of how the marital assets are split. 

Karen Ann Ulmer, P.C., often helps clients with alimony modifications. The only permanent thing is change. An alimony award that may have been fair and reasonable five years ago may need to be changed today. 

What Types of Alimony Are There? 

Alimony is usually considered rehabilitative or reimbursement, though an ex-spouse may get both, based on the case’s facts: 

  • Reimbursement: Alimony that is meant to pay back one spouse for aiding the other with a significant expense, like education or starting a business. 
  • Rehabilitative: This is usually awarded for a given time so the receiving spouse has time and resources to receive training or education to become self-supporting. 

If there is little chance that an ex-spouse will support themselves in the future, the party may be awarded “permanent” alimony. Based on how the parties’ lives play out post-divorce, this “permanent” alimony could stop if the person receiving it remarries or lives with a new partner. 

How Can a Party Modify the Alimony Amount They Pay or Receive? 

Unless they previously agreed otherwise, all types may be modified due to either party’s changed circumstances. It will not be allowed if there is no mention of future alimony modifications in a divorce agreement. 

If one party wants to increase or decrease the payments and cannot resolve the issue with the other, it can be decided in court. Under Pennsylvania law: 

“An order entered pursuant to this section is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made.”  

When making this decision, a court will consider 17 factors used to determine if alimony is necessary and, if so, the amount when the couple divorced. Some of those factors include: 

  • The parties’ relative earnings and earning capacities  
  • The parties’ ages and their physical, mental, and emotional conditions  
  • The parties’ income sources  
  • The extent the person’s earning power, expenses, or financial obligations will be affected by being a minor child’s custodian  
  • The parties’ standard of living during the marriage 
  • The parties’ assets and liabilities 
  • The property brought to the marriage by either party 
  • The parties’ relative needs 

Common grounds for an ex-spouse paying alimony to try to stop or reduce it include a loss of employment and developing a long-term physical or mental disability. A party receiving alimony could ask for more if the party paying it has a substantial and continuing income increase.  

No matter which side you are on, if you are asking the court to modify alimony payments, there must be evidence to support your claims because there is a process to go through, and you have the burden of proof. Speculation and opinions will not help. We can obtain evidence concerning your position through the discovery process. If necessary, we can also retain experts to analyze what we found. 

Contact Karen Ann Ulmer, P.C., if you have questions about or you need legal assistance with an alimony modification. Call us at (866) 311-4783 or complete our online contact form today.  

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