Tag Archive for: Pennsylvania divorce

Post-Divorce Dates to Abide By

Obtaining your final divorce order signed by a judge is a big moment, but there is still more to do. You will need to deal with several issues to finally put the process behind you. There are many pieces of “clean-up” to take care of before you can wash your hands of the matter. 

What Dates Do I Need to Worry About? 

Your divorce judgment requires you to take several actions and meet specific deadlines. You may need to:  

  • Sell or refinance your home 
  • Transfer car titles and property deeds 
  • Divide bank, investment, and retirement savings accounts 
  • Get or give back personal property 

Take another look at your divorce agreement and order. What actions must you and your ex perform, and what deadlines or time frames are spelled out? Create a checklist of what you and your spouse must do and when. You will be better prepared to get things done on time and be aware of what your ex may be failing to do. 

What Happens if Deadlines Are Missed? 

Missing a deadline may cost you legal remedies to which you otherwise are entitled. You do not want to be in front of the judge again, explaining how disorganized you are or, worse, stating why you should not be held in contempt of a court order. 

Your ex probably has deadlines, too. We can discuss them and what might happen if one or both of you fail to meet them. For example, your spouse may have a given time frame to retrieve personal property from the former marital home. If they do not, the order may allow you to keep, throw away, or sell the items. 

Other issues are more serious. An ex-spouse could be held in contempt for failing to comply with the court order’s terms. The other party could ask the court to enforce the judgment. If found in contempt, an ex would be ordered to comply, may need to pay a fine, and, if the situation is severe enough, spend time in jail. 

What Is the Right Response to Missed Deadlines? 

Both parties should prioritize compliance, and there must be good faith efforts to comply. But sometimes stuff happens, and someone becomes ill, bureaucracies are not responsive, there are issues at work, elderly parents may need help, and deadlines are missed.  

No matter which party is not getting things done, the issue is often whether someone is genuinely trying to get everything done on time or there is a conscious effort to refuse to do things or delay getting them done. If the process is dragging on or a party is hostile, it may be time to get the court involved. 

Get the Help You Need From an Attorney You Can Trust   

If you are considering getting divorced, have decided it is the right step, or are facing challenges after your divorce was finalized, call us at (215) 608-1867. We can discuss your questions and what is going on over the phone, via a teleconference, or meet in our Doylestown or Langhorne office.   

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The Mental Health Impact of Divorce and How You Can Cope

Ending a marriage can be emotionally devastating, leaving individuals grappling with a range of complex feelings. Divorce can trigger a rollercoaster of what may be overwhelming emotions. If you are in an abusive relationship, divorce may result in feelings of relief and happiness. On the other hand, the abrupt change in life circumstances and the end of what you once thought would be a life-long relationship can lead to a profound sense of loss. You may experience grief, anger, guilt, sadness, and fear. 

A sense of rejection and failure can contribute to damaged self-esteem. You may find yourself questioning your worth and struggling to redefine your identity outside your marriage. This emotional turmoil can extend to various aspects of life, seeping into your personal and professional lives. 

Mental Health Consequences 

One of divorce’s most challenging emotional aspects is a sense of isolation. Family and friends may not understand the depth of your emotional pain, and you may be hesitant to open up. The result can be profound loneliness, which may lead to more serious mental health issues. 

Divorce’s emotional toll can have lasting effects on mental health, contributing to anxiety and depression. The stress and uncertainty surrounding divorce proceedings can lead to sleep disturbances, appetite changes, and difficulty concentrating. 

Coping Strategies 

While the road to a post-divorce recovery may seem long and winding, you can take steps to safeguard your mental well-being: 

  • Professional therapy can provide a safe and non-judgmental space for you to explore your emotions and develop coping strategies. Therapists specialized in divorce-related issues can offer valuable insights and guidance. Many of our clients benefit from therapy, and you should not see it as something to fear, avoid, or be ashamed of. 
  • Sharing your thoughts and feelings with trusted individuals can alleviate the burden of loneliness and provide a sense of connection. Do not be afraid to rely on supportive family and friends.  
  • Engaging in self-care, such as exercise, meditation, and hobbies, can promote mental, physical, and emotional well-being. Taking time for yourself is not a luxury but a necessity during this challenging period. 
  • Acknowledge that healing is a gradual process because there is no quick fix. Set realistic expectations for your recovery so you can navigate the emotional ups and downs without becoming discouraged. 
  • Dwelling on the past is a normal reaction, but fixating on red flags you missed, past mistakes, or choices you made will not get you far. Dwelling on what went wrong can hinder your progress. Shift your focus to the future and set new goals so you can feel empowered and enjoy a sense of purpose. 

Acknowledge your emotional challenges, get support, and implement coping strategies. You will start your life over with newfound strength and resilience. Though your journey may be difficult, with the right mindset and support system, a brighter future awaits you on the other side of your divorce. 

Get the Help You Need from an Attorney You Can Trust  

If you are considering getting divorced or have decided it is the right step, call us at (215) 608-1867. You can start a new chapter in your life regardless of your age. We can discuss this over the phone, via a teleconference, or meet in our Doylestown or Langhorne office.  

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I Own a Business, and I am Getting Divorced. What Will Happen? 

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Divorce outcomes are fact-driven. What will happen in your case depends on what is going on with your spouse, your business, and state law. We work with business owners to handle their unique situations fairly and protect their personal and business interests. There are “business owner gets divorced” horror stories, but your situation may be resolved so that the impact on your company is manageable (if not minimal) and you are able to start a new life. 

Part of the divorce process is the equitable distribution of assets, including determining which should be divided. After that, the judge decides whether a spouse is entitled to an asset (like business ownership, or at least part of it) based on their discretion and applicable law. Most divorce cases are settled through negotiations. Your spouse may accept other assets and/or spousal support in exchange for not pursuing claims related to your company. 

There are several factors in how your case may be resolved, including whether: 

  • You have an enforceable pre- or postnuptial agreement: Ideally, you both engaged with attorneys and worked out an agreement covering business ownership issues. If this is the case, the outcome may already be set. Time has passed, and with the benefit of hindsight, one or both of you may regret its terms. Unless both of you do not want to enforce the agreement and start all over again in the divorce process, how the issue will be handled has already been agreed upon. 
  • You have an unenforceable pre- or postnuptial agreement: There may be issues surrounding you or your spouse fully disclosing your business or financial situations and whether the agreement was voluntary. If your handwritten and mutually signed “contract” is not legally enforceable, it will not do you any good. Instead of contractual language, state law and its application to the facts will determine the outcome. 
  • You owned the business before your marriage, and your spouse has no ownership interest: Separate, personal property brought into the marriage is not subject to equitable division in divorce but any accrued value may be.   If your spouse had their own business or was fully occupied with their career and played no role in helping you or your business, they are not in a good position to claim they should be awarded partial ownership or part of its increased value during the marriage. Their claim becomes stronger if they gave up a career or spent substantial time and energy supporting you and your business.  
  • You started the business during your marriage: If the two of you co-own the company, hopefully, you have terms in a postnuptial or ownership agreement with a buy-sell provision that covers divorce. If so, it should state that in case of a divorce, one buys out the other’s interest with the price determined fairly and neutrally. Without an agreement, and if only you own the business, it can come down to whether your spouse helped you and your business, and if so, to what degree. The more your spouse sacrificed their life and career, the better argument they have to be awarded part ownership and/or a share of its increased value during the marriage 

The more organized, well-documented, and “by the book” you operate your business, the better off you will be in the divorce process. The more you run it by “the seat of your pants,” “under the table,” and engage in questionable practices to avoid taxes, the worse off you will be. You do not want to be in front of a judge insisting you are telling the truth if the evidence shows you are lying to the IRS. Credibility is critical if you cannot reach a settlement agreement with your spouse and your case goes to trial. Parties without credibility normally do not do well. 

Get the Help You Need From an Attorney You Can Trust 

The last thing you want is your marriage and your business to end at the same time. Whether you and/or your spouse own a business and want to learn more about how a divorce may impact you, call our office at (215) 608-1867 or book a consultation online. We can speak over the phone, via a teleconference, or meet in one of our offices in Doylestown or Langhorne.

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Pennsylvania Child Support Basics

The state’s child support laws create a system in which parents are obligated to support their own children. This requirement includes daily living expenses, including healthcare and daycare.   

Usually, one parent is the primary caregiver, and the other pays to help with the child’s needs. The money is not for the custodial parent’s benefit. It is to be spent on the child.  

Child support is also an issue during divorce proceedings when the spouses have a child. It could be one of many issues that must be resolved before the divorce is final. If the parents are living apart, a child support agreement or order can go into effect while the parents are still married. 

How Do I Start the Process? 

Child support can be arranged in several ways. Parents can agree on support and ask a judge to approve the agreement through a support order in a divorce or other family law proceeding. Most cases start when a parent completes an Application for Child Support and submits it to their local Bureau of Child Support Enforcement (BCSE) office. If your case involves other circumstances, we can help you work with BCSE to:   

  • Find a noncustodial parent 
  • Establish paternity if the child is born outside of marriage 
  • Establish support obligations 
  • Collect and distribute support 
  • Enforce support obligations 

What are Bucks County Child Support Payments Based On? 

Support is based on the reasonable: 

  • Needs of the child  
  • The ability of the non-custodial parent to pay 

The Pennsylvania Supreme Court creates support guidelines and should be the basis of any agreement. Judges also use them to develop a figure if no deal is reached. Guidelines are driven by the parents’ monthly income. Both parents may be ordered to pay support for a child not in their care. 

The most essential factors in the guideline include: 

  • The parents’ incomes 
  • Daycare costs 
  • Health insurance expenses 
  • The number of minor children of each parent 
  • Social Security benefits a child may receive 
  • The child’s living arrangements 

A judge will review the support amount at least every four years. After an order has been signed, if changed circumstances justify it, a parent can ask that the amount be increased or decreased. 

How Can Support Be Spent? 

Support can pay for: 

  • Food 
  • Clothing 
  • Shelter 
  • Medical insurance 
  • Medical expenses 
  • Education expenses 
  • Child care 
  • Visitation travel costs 
  • Extracurricular activities 

Child support obligations continue until the child is 18 or graduates high school. Child support payments may continue if they have special needs or continue their education. 

How are Child Support Orders Enforced? 

When a non-custodial parent does not pay the full support amount on time, they violate a court order and may face serious consequences. The receiving parent could file a court action to enforce the order, with or without an attorney’s help.  It is not wise to ignore a support order.  

A parent could also request help from BCSE, which can enforce child support orders by pursuing unpaid amounts on your child’s behalf. Typically, there is a small fee to start a case. BCSE has several enforcement tools at its disposal.  

Which approach is right for you depends on your circumstances. If child support is one of several matters we help you with, it makes sense for us to handle this issue, too. If you do not have money to spend on an attorney, BCSE is a good choice. 

We Can Help You Achieve Your Child Support Goals  

Karen Ann Ulmer, P.C., lawyers believe that, unless there is an agreement, parents should not receive less child support or pay more than the law requires. Whether you pay or receive child support, if you have questions about it or need legal representation, book a 15-minute consultation by filling out our online form.  

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Is One of Your New Year’s Resolutions to Get Divorced?

We think of a new year as a re-birth, an opportunity to reinvent ourselves and change our lives. That could be changing jobs, living healthier, going on that vacation you dream of, or ending your dysfunctional marriage. If you have had enough of marriage and decide it is time to move on, Karen Ann Ulmer, P.C., is here to help.

Holidays are stressful when a marriage is on the verge of breaking up, especially if you have kids. You feel the need to “keep up appearances” to family and friends. You want your kids to have a positive holiday season, not one filled with thoughts of parents going their own ways. That is all perfectly reasonable, and it may be easier to do knowing that you will not need to continue your charade next year, so make the most of it.

Talk to Your Spouse

If you have not discussed a divorce with your spouse, unless you are in an abusive relationship and fear for your safety, you should. Ideally, you will be on the same page and can limit disagreements. When each spouse is reasonable and respectful, the process can go much faster, with less stress and expense. It is also far easier on children when the relationship ends on a positive (or at least not negative) note.

Contact Our Office

Holidays and obligations in November and December cut into the time and energy needed to prepare for a divorce. No matter how hectic your schedule, take the time to call our office and schedule a consultation. We can discuss your situation, what you need to do to prepare to get divorced, and how we can help. Together, we can “game plan” how to accomplish your goal of getting divorced.

Get Organized

Whether you start this year or after the holidays, collect and organize critical financial information and documents, including those concerning:

  • Mortgages
  • Home equity loans or lines of credit
  • Credit scores and reports
  • Debts such as credit cards, student and vehicle loans
  • Property ownership
  • Investments
  • Retirement savings
  • Bills from private schools or colleges showing tuition costs
  • Medical records if one or both of you have conditions limiting your income potential
  • Business ownership and finances

Starting new bank accounts just for your use is a good idea. You should also set up a new email account and rent a post office box so you can communicate with us and others without your spouse being able to monitor your communications.

Be Prepared if You Think the Divorce Will Not Go Smoothly

If you fear your spouse will not end the marriage without a financial or emotional fight, you will have to be mentally and financially prepared. Long, drawn-out proceedings cost both spouses more time, energy, and money. Mediation may be an effective way to pull a spouse out of their anger and selfishness and make them realize the best resolution is one both parties can accept. Divorce is about starting new lives, not inflicting pain and revenge.

Get Emotional Help If You Need It

A divorce can come with a lot of emotional baggage. You may be angry or disappointed in yourself or your spouse. You may blame yourself for the end of what you imagined would be a fairy tale marriage. You may fear being alone in the future. It is very common for those undergoing a divorce to get help from healthcare professionals. You should explore this option if you feel you may need help.

Family and friends can be excellent sources of support – or not. They may tell you to stay together “for the children.” Their divorce may have involved very different issues, and their ex may have a different personality than your spouse, so what they say may be of limited use. People near you may greatly help you or give you bad advice. You must separate the good from the bad.

If It Is Time for You to Start a New Life, We Can Help  

To learn more about divorce, the legal process, or to discuss legal representation, call Karen Ann Ulmer, P.C., at (215) 752-6200 or book a consultation online.  

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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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What is Imputed Income When Determining Child Support Payments?

Child support payments do not just consider what the paying parent earns but what they should earn to a certain degree. If there is evidence that a parent lowered or ended their income to avoid child support payments, a judge can decide their financial obligations based on what they could reasonably be expected to earn. 

What is Child Support? 

In Pennsylvania, parents must financially support their children until they turn 18 or become self-supporting. The parent with more custodial time is generally entitled to receive child support payments from the noncustodial parent. 

If parents can not agree on a support amount, a judge will do it for them. It will depend on the parents’ incomes and the number of children involved. Income can include: 

  • Social Security payments 
  • Commissions 
  • Bonuses 
  • Pension payments 
  • Retirement savings income 
  • Unemployment compensation 
  • Veteran’s benefits 
  • Rent from properties 

Determining child support obligations can be complicated. Incomes can fluctuate when someone is self-employed, owns a business, or when their earnings are impacted by bonuses or commissions (or lack of them).  

When Does Imputing Income Become Necessary? 

Not all of these paying parents want to pay support or pay as much as they are ordered to pay. They may illegally reduce their income and claim they can not afford to make payments. They may: 

  • Work “under the table” for cash and not declare this income 
  • Quit their job 
  • Take a demotion 
  • Work fewer hours 

When there is credible evidence the parent is intentionally unemployed or underemployed to reduce their support responsibilities, not because of a legitimate issue (disability, layoff, economic downturn), a judge may impute (or attribute) income to them so the child gets adequate support. 

How Does a Judge Decide What a Parent Should Earn? 

Under Pennsylvania law, the judge may impute what their full-time income should be within limits. It can not be more than what would be earned in one full-time job. It also must be based on the parent’s circumstances, including whether they have used substantial good faith efforts to find employment and: 

  • Childcare responsibilities and expenses 
  • Assets 
  • Past employment and earnings 
  • Job skills 
  • Educational level 
  • Literacy 
  • Age 
  • Health (physical and psychological) 
  • Criminal record and other employment barriers 
  • Past efforts seeking work 
  • Local job market 
  • Local prevailing wages 
  • Other relevant factors 

Given all the variables involved, each case is unique. Remember, if you hear of an outcome in another case, it may have no relevance to your situation. 

If you have questions about child support or whether a parent should pay more or less, call Karen Ann Ulmer, P.C., at (215) 752-6200. We represent parties on both sides of this issue and can provide critical legal representation to help you meet your goals. 

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