Types of Alimony in Pennsylvania

Alimony, also known as spousal support, is not an automatic entitlement in divorce proceedings. Instead, it serves as a means to rectify financial imbalances arising from the divorce. When one spouse experiences a financial setback following divorce, and the other possesses the financial capacity to provide assistance, the court may grant alimony to the financially disadvantaged ex-spouse, often requiring the expertise of a divorce lawyer. Typically, spousal support is of a temporary nature, designed to act as a financial bridge. Its purpose is to afford the recipient spouse an opportunity to achieve a more stable financial standing through additional education, vocational training, or work experience.

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Types of Alimony in Pennsylvania

In Pennsylvania, there are formally two categories of alimony recognized by the law: pendente lite (pre-divorce) and post-divorce alimony. Nevertheless, two additional forms of financial support between spouses - spousal support and equitable reimbursement - are frequently colloquially referred to as alimony.

Pendente Lite Alimony

Pendente lite alimony, often referred to as temporary alimony, is the financial support one spouse may be required to provide to the other during the divorce proceedings. It's intended to help the lower-earning spouse maintain financial stability throughout the divorce process until a final alimony arrangement is determined. Once the divorce is finalized, this type of alimony typically transitions into a different form of support or ceases altogether.

Post-Divorce Alimony

Post-divorce alimony, also known as permanent alimony or spousal support, is financial assistance one spouse may be required to provide to the other after the divorce is finalized. Its purpose is to help the lower-earning spouse maintain a certain standard of living or financial stability following the end of the marriage. The duration and amount of post-divorce alimony are determined by the court based on various factors, and it typically continues until specified conditions are met, such as the recipient spouse's remarriage or cohabitation.

Spousal Support

In Pennsylvania, when one spouse financially supports the other's education or training during the marriage but divorce occurs before the benefit is realized, equitable reimbursement, not alimony, may be awarded by a judge. It compensates the supporting spouse for their investment in the other's education. The judge assesses whether the supporting spouse benefited from the increased earning capacity and may order periodic payments if deemed fair. If you find yourself in such a situation, consulting with an experienced spousal support attorney can provide essential guidance.

Equitable Reimbursement

In Pennsylvania, when one spouse financially supports the other's education or training during the marriage but divorce occurs before the benefit is realized, equitable reimbursement may be awarded by a judge. It's not alimony; instead, it compensates the supporting spouse for their investment in the other's education. The judge assesses whether the supporting spouse benefited from the increased earning capacity and may order periodic payments if deemed fair.

How Alimony is Different from Child Support

Distinguishing between alimony and child support is vital:

Recipients: Alimony aids the lower-earning spouse, while child support benefits children through the custodial parent.

Purpose: Alimony addresses spousal financial disparities; child support ensures children's well-being.

Duration: Alimony varies, but child support typically lasts until children reach adulthood or financial independence.

Taxes: Alimony tax laws have changed; seek professional advice. Child support has no tax implications.

In the event of complications contact us for the best child support lawyer.

How Child Custody Affects Alimony

Child custody arrangements can significantly influence alimony payments during divorce or separation. The financial responsibilities tied to caring for children may lead to adjustments in alimony amounts. When a mother has primary custody but possesses a lower net income, she will receive both alimony and child support. However, if the mother maintains primary custody and has a higher net income, the dynamic shifts, with her paying alimony to the father while also receiving child support from him. Good child custody lawyers will advise you on the intricacies so you can make informed decisions.

Modifying an Alimony Agreement in Pennsylvania

Courts typically grant alimony modifications in situations that are either long-term or permanent. While either party can request changes to a court-ordered alimony agreement, they must demonstrate significant changes in specific circumstances. For instance, if the spouse receiving alimony cohabitates or remarries, the paying spouse can seek termination of alimony payments. Conversely, the paying spouse may request a modification if their financial situation substantially changes due to job loss or illness.

Additionally, if the contributing spouse experiences a significant increase in income, the alimony recipient may seek a modification to raise the support payments. If you're contemplating a modification for any of these reasons, consulting with your alimony lawyer is essential to explore available options.

Divorce and separation matters can often be emotionally charged, particularly when spousal support or alimony becomes a point of contention. At Perna & Abracht, LLC, our team of family law attorneys specializes in offering skilled legal counsel to navigate these issues. Whether through effective negotiation or litigation, our alimony lawyers are committed to safeguarding our clients' best interests, including those of their children. We're here to provide clarity on the factors influencing spousal support and alimony decisions, as well as to explore all available options tailored to your unique situation.

This blog was originally posted on https://pa4law.com/types-of-alimony-in-pennsylvania/

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Child Custody In Pandemic And Quarantine

New child custody cases are arising across the U.S. as ex-spouses of health care workers, first responders and other essential workers are attempting to remove access to children by the other parent, according to the best divorce lawyers. In these cases, the ex-spouses claim that the other parent, because of his or her occupation, is at higher risk for becoming infected with COVID-19 and then transmitting it to the child or children.

Doctors, nurses and other essential workers are saying they are being punished for going out and helping others in a pandemic. The custody cases are not limited to just these workers, as some parents are attempting to limit who may come and go in an ex-spouse’s household, and whether or not the child can be compelled to travel in a quarantine in order to comply with custody agreements.

These cases are fraught with controversy, and there is no settled case law regarding child custody in a pandemic or quarantine. Child custody lawyers say the issues are being resolved case-by-case, court-by-court in states all over the country.

Let’s review how courts in general view child custody cases. The court attempts to shape a custody agreement that is in the best interests of the child, considering:

1.    What is a safe residence for the child that protects him or her from disease, substance abuse, or other physical or emotional harm?

2.    Do both parents provide this?

3.    How can custody be shared by parents while also protecting the safety and well-being of the child?

Any change to your custody arrangement will be evaluated against these standards. Let’s look at how some courts have already ruled:

In an open letter, the chief justice of the Massachusetts Probate and Family Court confirmed that approved custody agreements should be observed. If one parent is self-quarantining from family members (as a number of health care workers have chosen to do), the other parent should allow time for the child to video conference or talk on the phone with the parent in quarantine.

In a Florida case, a mother objected to sending a young child to stay with the father, who is a firefighter, and his live-in girlfriend, who is an ER nurse. The father demonstrated to the court that he and the girlfriend take extra precautions in showering, changing clothes, handwashing and disinfecting, to avoid spreading the virus in their home. The court allowed the child to continue to visit the father.

A New Jersey court placed an emergency order against a physician who had recently agreed to see non-COVID-19 patients in the office, after a period when she only offered TeleHealth visits. Her ex-husband said this change increased exposure to their two children ages 9 and 11. The court agreed with the father. The physician ultimately decided to go back to TeleHealth visits only, and custody was restored.

Although custody and child support often are separate issues, the sharp rise in unemployment may blur those lines. Another consideration as a provider and protector of the child, attorneys who handle Wills say you should make sure your estate plan is in order.

If you should find yourself on either side of a custody case, there are some steps to take:

•    Review your custody agreement with your attorney.

•    Discuss how you would want to alter it to protect the child’s health.

•   Have a discussion with your ex-spouse and invite attorneys if needed (a video conference is the best idea).

•    If an agreement cannot be reached, confer with your attorney about what the next steps may be.

As these issues are new to everyone, it is important to consult with an experienced family law attorney to revisit how well your current custody arrangement is working in pandemic and quarantine.

This blog was originally posted on https://www.pa4law.com/child-custody-in-pandemic-and-quarantine/

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