Posts

Earning Capacity

In a support matter, the incomes of the parties will be used to calculate an appropriate award based on the support guidelines applicable throughout the Commonwealth. At the initial appearance for a support matter, both parties are asked to bring in proof of their income in the form of W-2s, tax returns, pay stubs, or […]

Physician Verification Form

Each party’s income is relevant in the context of a support action. Pennsylvania can assign an earning capacity for parties who are voluntarily unemployed or underemployed. There are recognized exceptions to avoid having income imputed if you do not work. One of those exceptions is if you are physically incapable of working. In the event […]

Discovering Assets and Income in Divorce

It is not uncommon for parties contemplating divorce to try to hide assets in an attempt to keep them out of the marital estate that will be up for distribution. One of the biggest red flags as far as potential hidden assets is if the spending habits or lifestyle of a party is way more […]

Supplemental Security Income

Supplemental Security income (SSI) is cash assistance to individuals who are disabled or over 65 years old. SSI can be payable to disabled children as well. Living arrangements may affect the amount of SSI received. You should report changes in living arrangements to the Social Security office. Similarly, relationship status may affect the amount of […]

SSD

Social Security Disability (SSD) benefits are payable to individuals who have a long-term disability that limits their ability to earn income. The disability payments are meant to replace the income the recipient would have received if they had not become disabled. Essentially, disability payments have been pre-paid by the recipient during their employment. Accordingly, the […]

Pensions in Pay Status

Pensions already in pay status at the time of separation require additional considerations in a divorce matter. The pensions can still be divided as a marital asset however the method of valuing the total value of the pension for distribution is altered. This is because often elections for survivor benefits are made at the time […]

SSD vs SSI

Social Security benefits may count as income depending on the nature of the benefits be received. For that purpose, it is important to differentiate the types of Social Security benefits to ensure an appropriate support calculation. Social Security disability (SSD) benefits are counted as income. The disability payments are meant to replace the income the […]