Tag Archive for: PA divorce attorney

Parental Fitness and Custody: What Judges Consider with Drug and Alcohol Use

Pennsylvania courts consider drug and alcohol use as a major factor impacting child custody determinations. Bucks County judges generally want to ensure that a parent is fit to perform their parental responsibilities before awarding them full or partial custody in the event of a divorce. Learn more about how drug and alcohol abuse can affect evaluations of parental fitness and impact your custody case. 

What Is Parental Fitness?

In Pennsylvania, the court may sometimes mandate parental fitness testing or parenting capacity assessments to inform its decisions regarding child custody or welfare. These are comprehensive evaluations conducted by mental health professionals to assess a parent’s ability to meet their child’s emotional, physical, and developmental needs.

Parental fitness evaluations often involve interviews with the parent and, in some cases, the child, along with observations of the parent-child interactions, psychological testing of the parents, and assessments of information gathered from other individuals involved with the family. A judge might mandate a court-ordered parenting assessment to determine a custody arrangement that meets the child’s best interests, especially if drug and alcohol abuse might be at play. 

Can Drug and Alcohol Testing Be Required for Custody Determinations?

The court can mandate drug and alcohol testing if there is credible evidence that a parent’s substance abuse impacts their parenting ability or puts the child’s well-being at risk. Evidence might include a history of drug-related arrests, credible witness testimony alleging drug or alcohol abuse, or reports of substance abuse in the child’s presence. 

A positive test result does not automatically mean a total loss of custody, but it can seriously impact a judge’s decision. 

Handling Court-Mandated Evaluations

If the court has ordered a fitness test to evaluate your parenting abilities or suspicions of drug or alcohol abuse, comply with the order and speak with your attorney about how it might affect your case. If you believe the order is unwarranted, your attorney can help you determine how to proceed. 

The evaluation might require you to provide documentation, undergo drug or alcohol tests, participate in interviews, and allow an evaluator to visit your home. Your attorney can help you prepare for each stage of this process to paint an accurate picture of your parenting abilities. 

Violations of Court-Mandated Evaluations

Some individuals might claim that a court-mandated fitness test or psychological evaluation constitutes a violation of their Fifth Amendment rights and that they can refuse to undergo this order. However, violating court mandates could harm your custody case. The judge will consider this violation when assessing your parenting abilities.

Instead of refusing a test that you believe is unwarranted or against your rights, talk to your attorney about how you can navigate a court-mandated evaluation effectively. 

If you have been mandated to undergo fitness testing for your parenting abilities and suspected drug or alcohol abuse, our attorneys can help you understand your rights and legal options. We help clients across Pennsylvania navigate child custody cases. Contact Karen Ann Ulmer, P.C., today at (866) 311-6082 for a confidential consultation with our custody attorneys.

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Adult Children in Your Divorce

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Some struggling couples vow to wait until their children have turned 18 to consider divorce. While divorce might be easier on adult children than it is on young ones, it can still be emotionally challenging to come to terms with. Supporting adult children in divorce can help them make sense of this change and understand that your family is still whole, even if relationships and living situations look different. 

How Much Say Should Your Adult Children Have in the Divorce Process?

Just like any child, adult children should have very little to do with their parents’ divorce. They may have strong opinions about who should keep what property, where you should live, or who is “right” and “wrong” in the divorce. While you can consider their opinions, do your best to maintain emotional distance and boundaries between the divorce process and your kids.

Just because your children are adults does not mean they should be burdened with the emotional struggles of your divorce. Turn to a therapist for support rather than leaning too heavily on your children, who will already be dealing with enough. Also, be mindful about arguing in front of your children, even if you believe they are emotionally mature enough to handle it. 

Supporting Grown Children Through Divorce 

Even adults need time to adjust after their parents’ divorce. Your children may be feeling a range of emotions, such as confusion, anger, anxiety, or all of the above. Offer support when your children need it and give them space when they need time to grieve this loss. 

Many divorced parents strive to maintain a coordinated front, even in the face of their disagreements, to help children understand that they still have a family. Keep disputes to yourselves and try to maintain a sense of normalcy, however you can. That might mean preserving holiday traditions or keeping the family home, if possible. 

Several coping strategies for adult children in divorce can also help. You might talk to your children about practicing self-care, setting clear boundaries with you and their other parent, maintaining good communication, and seeking counseling from a mental health professional if needed. 

Adjusting Estate Plans To Account for Adult Children Post-Divorce

One more consideration, if you have adult children, is that their role in your estate plans might change after the divorce. Your ex-spouse will likely no longer be a beneficiary, which means you may want to include provisions for what property your adult children will receive that previously would have gone to your spouse. 

Meet with an attorney to ensure that your estate plan reflects your wishes and accounts for parent-child relationships after divorce. 

The impact of divorce on adult children is just one of the many challenges that can arise during this process. Karen Ann Ulmer, P.C., helps clients navigate the complexities of divorce while advocating for their rights. Seek legal guidance with family law, estate planning, and more today by calling (866) 349-4117 for a consultation. 

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Emotional Intelligence in Your Divorce

Emotional intelligence (EI), also called emotional quotient (EQ), is a person’s ability to perceive, manage, understand, and use their emotions to guide thinking and behavior, especially in taxing situations. Divorce is one of the more challenging experiences a person can go through, and having emotional intelligence serves to soften the blow. 

You can maintain emotional resilience in divorce by first recognizing your core emotions and any feelings that arise throughout the process. If necessary, seek guidance from a therapist to work through your emotional stress rather than bringing it into divorce negotiations. You do not want to make long-term decisions led by your temporary emotions. 

Emotional intelligence also ties into conflict resolution and communication skills in divorce. By being aware of and in control of your emotional state, you can avoid heated arguments with your spouse and clearly communicate your needs without allowing emotions to take control. 

Why Is Managing Emotions During Divorce Important?

Emotional intelligence in divorce is a crucial component of effective negotiation and mediation. If you are in a heightened emotional state when arguing for your rights or stating your point of view about matters like child custody, property division, or child support, you risk prolonging the process and agreeing to something you likely wouldn’t agree to under normal circumstances. 

The decisions made during your divorce are either permanent or too time-consuming to alter down the road. You want to ensure that the marital settlement agreement, parenting plans, and any other agreements made during this process reflect your actual wishes. Seek to keep emotions to a minimum and make decisions rooted in logic and your actual best interests. 

Emotional Intelligence With Co-Parenting and Post-Divorce Life 

While having emotional intelligence in your divorce is important, EI can also help your post-divorce life. It can: 

  • Allow you to make level-headed decisions when co-parenting
  • Keep you on respectable terms with your spouse for times when you do need to communicate
  • Help you resolve conflicts as they arise
  • Provide you with self-awareness and empathy that you can use when navigating future challenges with your ex-spouse 

If you feel emotions consuming you now or after your divorce, seek support from a mental health professional. Learning self-regulation and self-awareness can provide significant peace of mind during this challenging process. 

Having emotional intelligence in divorce can make the process significantly easier, but so can working with an experienced legal professional. Karen Ann Ulmer, P.C., offers support and guidance for clients navigating divorce in Pennsylvania and New Jersey. Contact us today at (866) 349-4117 for a confidential consultation.

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Is Your Child Having a Hard Time with Your Divorce?

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Realizing that your child is struggling during and after your divorce can be devastating. You wonder how the divorce impacted their mental health and whether you could have done anything differently. Now, the important thing is to focus on how you and your child’s other parent can support them in their struggles. 

Explore considerations for children coping with divorced parents from our legal team. 

Navigating New Health Needs in Children After Divorce

Your child may be facing behavioral or mental struggles due to the stress of the divorce. Or, they may be navigating developmental challenges that would have arisen regardless of your marital status. In either case, begin by determining whether you and your spouse agree or disagree on the diagnosis. 

Sometimes, a parent notices a change in a child that their non-custodial parent doesn’t realize. Sharing your thoughts on the matter and even seeking second opinions if needed can help you stay on the same page as you support your child. 

When one spouse does not agree, they may wonder whether the other parent can force therapy or seek treatment for the child without their consent. The answer depends on the terms of your parenting plan. Your plan should include details about who has decision-making authority for the child, whether that be one or both of you. 

How Do You Divide Therapy or Other Medical Costs? 

Helping kids after separation may involve taking them to therapy or an emotional support group. You and your spouse will need to understand how you will divide the costs of any new medical or support services they require. 

Pennsylvania law generally requires parents to contribute to the child’s financial needs equally. Your child custody and support orders should address this scenario. If not, contact your divorce attorney with questions or to seek updates to the order. 

If one parent does not agree with the new diagnosis or therapy needs, you may face additional challenges splitting the costs or responsibilities associated with this new challenge. Seek legal help to gain clarity around your roles and responsibilities. 

Can You Alter Your Parenting Plan?

Navigating the impact of divorce on your child may require you to adapt your parenting schedule or plans to better accommodate their needs. Your attorney can help you file a petition for modification with the court. 

If you and your child’s other parent agree on the changes and submit a joint proposal for the judge to approve, this process can be relatively fast. If one parent disagrees, you both may need to demonstrate to the judge why the modification is or is not in the child’s best interest. 

You may want to modify the parenting plan to:

  • Include provisions surrounding splitting therapy costs
  • Provide more or less custody to one parent to accommodate the child’s emotional needs
  • Seek sole decision-making responsibility

Knowing how to help struggling children after a divorce in the context of the law and your parenting plan can be challenging. Seek assistance from Karen Ann Ulmer, P.C., to gain clarity around your parenting plan, rights, and responsibilities. Call (866) 349-4117 for a consultation.

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Approaching Big Financial Decisions During Divorce

If you and your spouse have decided to divorce, you might feel eager to begin moving forward and start your new life. However, caution is recommended when making big decisions, especially those involving finances. Here are a few reasons to consider postponing major financial changes until after the divorce is finalized. 

Making Big Purchases Might Impact Your Eligibility for Refinancing the Mortgage

The property division process often requires couples to purchase new vehicles to replace the ones they previously shared. However, before you buy a new car, consider whether you will need to refinance your mortgage after the divorce.

For example, perhaps you and your spouse are both on the mortgage now, but you plan to keep the family home. You might refinance the mortgage to seek a better rate and account for your new sole ownership. Purchasing a vehicle immediately before applying for a mortgage can significantly impact your eligibility and rates. 

Your lender determines your loan eligibility based on your current assets and income. If either of these changes, they may need to reconsider the loan, adding time to the refinancing process and potentially leaving you with worse interest rates. 

Selling Assets Could Lead to Disputes During Property Division 

Pennsylvania follows an equitable distribution policy for divorce, which means the court seeks to divide assets fairly between spouses. Selling assets or making major investments immediately before the divorce could lead to disputes during the property division process.

A judge may assume you were trying to devalue the estate or hide assets. It may be better to delay big financial decisions until after the divorce, when the property division is finalized. 

The Court Could Impute Income for Alimony or Child Support

When a spouse is “underemployed” in a divorce, meaning they work below their skill level and potential earnings, the court may impute income. This means the court would base spousal support and child support on their earning potential rather than actual earnings. 

If you are currently underemployed, consider exploring other employment opportunities to increase your income. Otherwise, the court may base support obligations on imputed income, which could lead to higher payments than you can reasonably afford. 

Your Financial Habits Could Affect Child Custody Choices

Showing that you are financially responsible is important when navigating the child custody process. Remember, your financial decisions leading up to the divorce can affect your reputation in the eyes of the court. 

The judge may scrutinize your transactions to look for signs that you are financially unstable or irresponsible. Even if you can justify the major purchases you made, a judge may not view them the same way you do. 

Consult With Karen Ann Ulmer, P.C., Before You Make Big Divorce Decisions 

Seeking counsel from an experienced divorce attorney can help you determine which financial decisions and transactions might impact your divorce process. Karen Ann Ulmer, P.C., advises clients throughout the asset protection process, divorce mediation, and child custody negotiations. Schedule a confidential phone consultation with our divorce attorneys by calling (866) 349-4117. 

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Divorcing With Young Children: What To Consider

Divorce can be especially complex when young children are involved. This process often significantly impacts child development. Navigating it successfully is important to your child’s well-being. 

As you approach a divorce with young children, keeping a few considerations in mind can help you traverse this process more smoothly. You won’t be able to predict everything your child will need, but you can better anticipate the major concerns that may arise after the divorce. 

Where Will They Attend School?

Divorce is a major change for children, and keeping as much of their lives the same as possible can help them better adapt to this new norm. Consider whether your child will be able to attend the same school, or whether child custody arrangements will move them into a different district during school days.

Then think about logistical details, such as:

  • Transportation to and from school
  • After-school care
  • Attendance at parent-teacher conferences

How Will You Approach Extracurricular Activities?

Navigating extracurricular activities can be challenging when parenting time is shared and those activities overlap with both parents’ time with the child. Will you both be involved in these activities? Will one parent be responsible for taking them to all practices and games? How will you approach extracurricular activities that fall into the other parent’s parenting time? 

How Will You Approach Future Educational Expenses? 

Child support calculations are generally determined by state law, but it may be helpful to think long-term about future financial responsibilities, such as college. Will both parents contribute to the child’s college fund? Will neither? Have these discussions now to avoid disputes years down the line. 

What Parenting Time Schedule Makes Sense? 

The main goal of developing a parenting plan should be prioritizing the child’s best interests. With this in mind, what parenting schedule makes sense for your child? Some families split time between weekdays and weekends. Others divide time between the school year and summer. 

How Will You Successfully Co-Parent? 

Implementing effective co-parenting strategies can help you promote your child’s well-being. Think about strategies you can use to create consistency for your child, such as:

  • Letting the child stay in one home while both parents take turns living in the home
  • Keeping holiday plans consistent from year to year
  • Giving the child plenty of advance notice about changes to the typical parenting schedule

How Might Your Parenting Plan Change As Your Child Ages? 

Going through a divorce with young children requires you to think long-term about what aspects of your parenting plan might change over time. As your child ages, their needs and routines will change. They will gain independence and spend less time with their parents in general. They may also have stronger opinions about which parent they want to live with and how they spend their time. 

Consider how you will adapt to changes and the level of flexibility you want to maintain in your parenting plan. 

Karen Ann Ulmer, P.C.: Protecting Your Parental Rights 

Divorcing with young children can present complex challenges, but at Karen Ann Ulmer, P.C., we provide guidance to parents navigating this process. Contact us at (866) 349-4117 for a confidential consultation. 

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Adapting the Parenting Plan As Children Age

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When you and your spouse divorced, you created a parenting plan that met your children’s needs at the time. But schedules and priorities never stay the same. Adapting the parenting plan as children age can ensure that it meets their needs now and fits with your family’s Bucks County lifestyle. 

Understand That Children’s Schedules and Needs Change

Perhaps you divorced when your children were young, and now they are entering middle school or high school. What made sense for your family at the time of your split may no longer fit these evolving needs. 

Maybe one child is into sports, while another is involved in several clubs or extracurriculars. Perhaps one child attends a different school now or seriously practices an instrument. Equally dividing their time between both parents may not be realistic with these new schedules. Remember that the goal of a co-parenting agreement is doing what is best for the child, not for the parents. 

Sit Down and Talk With Your Children 

Now that your children are older, they should have more of a say in their visitation schedule. Sit down together with your ex-spouse and children and have an open discussion about what the custody arrangement should look like now. 

Ask each child individually whether they have any preferences about the schedule, and take their opinions seriously. They don’t need to have the final say, but the custody arrangement should reflect their wishes as much as possible. They may have more insight into what schedule makes sense than you and their other parent do. 

Be Realistic About Their Best Interests 

It may be challenging to realize that your children should spend more time with your spouse than with you. Try to be realistic when adapting the parenting plan as they age. Even if they previously went back and forth every week, this may no longer make sense for their schedules and needs. 

Not seeing them as often doesn’t mean you are any less of a parent or an influence in their lives. Remember that children naturally need their parents less the older they get. Physical custody doesn’t need to significantly impact their relationship with you. 

Be Flexible and Prioritize Good Communication 

Keep in mind that whatever you decide about the parenting plan now may only last for a year or two before you need to change it again. Be open to adapting it as needed and communicate with your ex-spouse regularly about what makes sense for your shared children moving forward.

Acting with hostility toward your ex-spouse will only drive a wedge between you and your children. Instead, maintain a mature mindset and show that you value their opinions.

Give Karen Ann Ulmer, P.C., a Call If You Need Assistance

If you need help adjusting your parenting plan as children age, changing your child support agreement, or updating any other aspects of your legal custody arrangement, our attorneys can advise you. Contact Karen Ann Ulmer, P.C., today at (866) 349-4149 to book a consultation.

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How Do You Protect Your Money and Your Financial Future During a Divorce?

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Going through a Bucks County divorce may feel like you are completely upending your life. If you are a stay-at-home parent or a low-income-earning spouse, or you simply rely on your partner for financial support, the thought of separating may feel immensely scary. 

How do you protect your money during a divorce? How will you financially recover? Strategic planning with the help of the right divorce attorney can allow you to navigate this process as smoothly as possible. 

What Will Happen to Your Money in a Divorce? 

Before you can start protecting your money, you need to understand what is at stake. In Pennsylvania, the court distinguishes between marital vs. non-marital property. Marital property includes anything you or your spouse acquired during the marriage or any assets that increased in value during this time.

Marital property is subject to an equitable distribution of assets, meaning the court would attempt to divide these items fairly between you. If you have any prenuptial or postnuptial agreements in place, these may play into the distribution process. Asset protection trusts can also prevent certain accounts from being divided. 

Tips To Protect Your Money as a Low-Income-Earning Spouse or Stay-at-Home Parent 

If you are a low-income-earner, the court will take this into account when determining what assets and funds to leave you with in the divorce. Still, you may have trouble moving forward independently. The following tips can help you protect your money during divorce and plan your financial future:

  • Build financial independence: Start looking for ways to build income and untangle your finances from your spouse’s.
  • Start investigating employment that includes healthcare: If you were previously a stay-at-home parent, you’ll likely need to gain some form of employment now. A job that includes healthcare can make up for your loss of access to your spouse’s benefits. 
  • Gain a clear sense of your financial situation: Examine your shared bank accounts, investments, and other assets and estimate that you may receive around half of these in the divorce. 
  • Begin working on your post-divorce budget: With your anticipated income in mind, create a budget where you set aside 50% of your earnings to needs, 30% to wants, and 20% to investment. This will help you estimate how much you can afford on expenses like housing, groceries, bills, and a vehicle. 
  • Talk to your mortgage broker: You may want to keep the family home, especially if your kids will live primarily with you. But be sure to talk to your mortgage broker about whether this is financially sustainable with one income. 
  • Avoid pre-paying bills with shared money: While it is tempting, don’t take income from your shared accounts to pre-pay bills or buy items in bulk. This could lead to issues with hidden assets and forensic accounting. 

Karen Ann Ulmer, P.C., is here to help you protect your money during a divorce. We can explain the tax implications of divorce settlements, advise on strategic practices to build financial independence, and protect your right to equitable distribution. Contact us today at (866) 309-3307 for a general consultation. 

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Divorce in the Digital Age

Divorce in the digital age comes with a range of unique challenges compared to just 20 years ago. While your spouse may have physically moved out of the shared home, your online activities and assets remain intermingled.

You may be ready to move on from your spouse, yet they continue to use and monitor shared online accounts. Worse, you may be unaware of their behavior.

The right strategies can help protect your assets, privacy, and peace of mind. 

Change Passwords As Soon As Possible

You and your spouse probably learned each other’s passwords during the marriage. Even if you do not think your spouse knows your login information for online accounts, change all passwords as soon as possible. This prevents them from logging into accounts without your knowledge — or worse, stealing assets from financial accounts. 

Check all accounts for suspicious activity and change passwords promptly: 

  • Bank accounts
  • Social media accounts
  • Email accounts
  • Credit card accounts

Scan Your Computer for Keylogger Software

Online privacy protection proves crucial in a volatile divorce. Scan your devices for keylogger software, which could tell your spouse your new passwords and clue them into other sensitive information. Antivirus software can help you identify keyloggers. 

Additionally, clear your browsing history regularly in case your spouse gains access to your activity. 

Be Aware of Pennsylvania’s Digital Asset Division Protocols

Divorce in the digital age also requires you to separate digital assets. Any digital assets you and/or your spouse acquired during the marriage will be subject to equitable distribution, according to Pennsylvania’s marital property classification. These may include:

  • Cryptocurrency
  • Investment accounts
  • Online subscriptions (Netflix, Spotify, etc.)
  • Domain names
  • Assets owned in digital format (books, movies, music, TV shows, video games etc.) 
  • Online businesses

You may need to seek a cryptocurrency valuation or consult a professional to understand the value of certain digital assets. 

Digital photos and videos are part of the shared assets you and your spouse need to deal with during the divorce. In the meantime, turn off auto storage on photo apps to prevent new photos from uploading into a shared account. Your spouse could use photos as electronic evidence against you in the divorce. 

Create a New Email Address

One of the easiest digital security measures to take is creating a new email address to link to all important accounts — including social media. If your spouse still has access to your previous email account, they can use it to enter sensitive online accounts. Change your email and turn on two-factor authentication to further protect your online privacy.

Be Vigilant About Tracking Devices 

Finally, watch out for your spouse’s use of tracking devices such as Air Tags to follow your movements. Using these devices to stalk others is illegal, but you need to find them before any legal action can occur. 

Turn to Karen Ann Ulmer, P.C., for Divorce Assistance

A seasoned divorce attorney can help you navigate the complexities of divorce in the digital age while protecting your rights and privacy. Karen Ann Ulmer, P.C., is here for you; contact us today at (866) 311-6082 for a confidential consultation. 

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Filing Taxes After a Divorce

Going through a divorce is stressful for so many reasons. From figuring out how to divide marital assets to coming up with child custody agreements, divorcing couples face their fair share of stressors.

The stress doesn’t end once a divorce is final, either. Filing taxes after a divorce can create a new wave of stress and make you wonder, “Is this ever going to end?”

Discover more about this process to minimize your stress levels.

Choosing the Right Filing Status

When filing taxes after a divorce, one of the first things you must do is select your filing status. It can throw you for a loop immediately.

If you have finalized a divorce, you might automatically assume you should file taxes as a single person or a head of household if you qualify. However, this is only sometimes the case.

Your filing status on the last day of the previous year determines your status. So, if you were still legally married on December 31 of last year, you’ll have to set your filing status as:

  • Married filing jointly
  • Married filing separately

You might also be able to file as a head of household if you meet specific requirements.

Ideally, you and your ex-spouse should have a plan for filing taxes following your divorce if you must file them together. Include this plan in your divorce agreement to avoid miscommunications.

You should also remember to use the Internal Revenue Service’s Tax Withholding Estimator to change the amount of money you withhold from your paychecks to cover taxes. This will account for taxable income adjustments when filing taxes after a divorce.

Claiming Dependents Properly

When you and your former partner were married, you could both claim the children you share as dependents. Once you’re divorced, this isn’t an option.

In your divorce agreement, you and your ex hopefully decided who is going to claim each child for tax purposes. Sometimes the parent who has primary custody of the children will claim them as dependents, giving them access to the Child Tax Credit. In other instances, parents create complicated schedules that switch year to year, or sometimes, in cases of multiple children, each parent claims a child (or two). Whatever you decide, you must follow your agreements.  

In some rare instances, divorced parents might qualify for dependency exemptions that allow them both to claim children when filing taxes. Speak with a tax professional if this is a possibility.

Taking Other Factors Into Account

A couple will go their separate ways at the end of a divorce, but before doing so, they will divide their marital assets and iron out issues like child support and alimony. One spouse might also be required to provide a portion of their retirement plan balance to the other spouse under a qualified domestic relations order (QDRO).

In these cases, child support and alimony tax implications are usually present. Property division taxation issues might also pop up. Those who receive payments under a QDRO might also face substantial tax bills.

Enlist the services of a reputable divorce attorney to help you make sense of a stressful situation.

Still Confused About Filing Taxes After a Divorce? Give Us a Call

Filing taxes after a divorce might make you relive the stress of separating from your ex-spouse. If you have questions about proceeding, don’t hesitate to call Karen Ann Ulmer, P.C., for assistance.

Contact us at (866) 311-6082 today.

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