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.

Questions You Need To Ask When Hiring a Divorce attorney

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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Divorce In A Pandemic: 5 Things To Do Now

Some married couples who have been ordered to shelter-in-place due to COVID-19 have found they are no longer satisfied with their marriage and are considering divorce. You may not be able to take all the actions you would wish due to the courts being temporarily closed or badly back-logged. However, there are common-sense steps you can take now that will help your divorce lawyer achieve a better eventual outcome on your behalf.

1. It starts with you. What is your most important job? Being an attentive parent. The bright side of lockdown is that you have extra time to spend with your children. Remember that if you are facing a custody dispute, you will be evaluated as to whether you can provide a safe and stable home environment for the children. If the children are taking online classes, take an interest in their schoolwork and homework. Supervise the time they spend online and connecting with friends, to make sure they do not make any new friends who are inappropriate for any reason. As the shelter-in-place orders are lifted, stay in the home with the children. A child custody attorney will tell you, no matter how much your spouse annoys you, if you were to move out and leave the children with your spouse, a judge could interpret that unfavorably for you in the custody arrangement.

2. Dear Diary. Now is the time to keep a diary of all your activities with your children. Record the time you spend with them during homeschooling, supervising homework, and doing enjoyable activities such as cooking, baking, exercising or watching appropriate television programs and movies on TV. Also, record the time the other parent spends with them. Have there been arguments or ridiculing comments made in front of the children? Record all this too.

3. Documentation is important, but it gets tricky if you are in isolation with your family. There are likely no witnesses to parental behavior (other than your children). Gather records of online education and other ways to document the time you have spent with the children. Discreetly, when you can, make copies of documents pertaining to finances, including pay stubs, records of any loans, credit card statements, bank records, and retirement savings records. Your child support lawyer will need these to help protect you financially. This may be the ideal time to work on a new Will, and find a lawyer to draw up a Will. To make sure everything stays confidential, obtain a cell phone that is not part of your family’s plan, and create an email account that your spouse cannot access.

4. Social Media “diet.” Put yourself on a social media “diet.” Post less and more discreetly to social media, because it is easy to make a mistake that can cost you in your divorce or custody case. Do not mention your divorce or custody case on social media, belittle your spouse, or complain about your domestic situation. Ask yourself: “How does this Social Media post reflect on me as a parent?” In general, the less posted is better while you are going through a divorce or child custody litigation.

5. Establish legal counsel. If you are contemplating divorce, it is never too soon to establish your legal counsel. Law offices may be closed, but lawyers will certainly take or return your call. Now is the time to place in your lawyer’s hands the documents you have collected and recorded. If you have a specific question about your situation, schedule a free consultation with an experienced legal team. This, can be done electronically (ie., by telephone, Facetime, skype, Zoom or the like) until the COVID-19 crisis is behind us.

This blog was originally posted on https://www.pa4law.com/divorce-in-a-pandemic-5-things-to-do-now/

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The Importance Of Your Estate Plan During A Pandemic

The COVID-19 pandemic seems to be changing everything, including one’s priorities. With tens of thousands of Americans already dead from the disease, one priority that should move up for many individuals is estate planning. Top estate planning law firms say it is important to have your affairs in order if the worst happens, and it is also important to know that several elements of an estate plan will help should you become ill.

Here are the parts of your plan that will help in the event you become sick with COVID-19:

Health Care Power of Attorney (POA).

Sometimes this is called a “Living Will” or “Health Care Directive.” This document names one or more persons to make health care decisions on your behalf if you should become incapacitated. Be sure to think carefully about who you will appoint.

Often, the spouse is selected to be the decision maker in a Health Care POA. This seems only natural, but you should think about what would happen if both you and your spouse become ill due to COVID-19 – and there is fair probability this could happen.

Another potential problem with naming your spouse is there is always the possibility of divorce. If you do not keep your documents up-to-date, your ex-spouse could be named as your health care POA. Any divorce lawyer will note there are several downsides to this!

You might select an adult child as co-agent. This also seems natural, but if your child does not live nearby, it could present a problem in an emergency. The Wills lawyers recommend that you  choose someone who could appear at your nearest hospital without much delay. In light of the pandemic, you should consider whether your agent is in a high-risk group for COVID-19 morbidity: age 60 or older or a person of any age with diabetes, heart disease, respiratory disease, or any chronic medical condition.

Whomever you select, naming more than one agent is advisable at a time like this when travel is restricted and more people are likely to be sick at the same time.

Financial Power of Attorney (POA) or attorney-in-fact. This is an agent who will make financial decisions for you in the event you are too sick to do so yourself. If you do not name a financial POA, your bills (including court-ordered child support) may not get paid and other important decisions will not be made until a court can name an agent for you. Costs and complications can escalate if several people think they should be named and others should be excluded.

It is best to select this person or persons yourself. In this time of uncertainty, it makes sense to choose two agents. This allows them to talk over any tough decisions, and it minimizes the possibility your funds would be misspent. However all the same considerations apply as with the health care POA: your spouse might become ill at the same time you do, and other individuals may not be the best choice if they are in the COVID-19 high risk category.

You might think of this as your financial welfare team who may be needed in the short-term to manage your affairs and make decisions until you recover. It is possible to become incapacitated for the long term, and then your affairs will require a different type of management. You may name one agent for short-term financial management and another individual for long-term incapacity.

A complicating factor in this age of social distancing is that states require witnesses to finalize documents, as well as notarization of signatures. Your estate planning attorney is likely to have a solution that will enable your plan to be finalized during the pandemic.

This blog was originally posted on https://www.pa4law.com/the-importance-of-your-estate-plan-during-a-pandemic/

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Things You Should do Before You File for Child Custody

Divorce is stressful and emotional for everyone who goes through it, but child custody disputes can take the high stress and negative emotion to a whole new level. There are actions you can and should take before filing for child custody that will enable you to cope better, and assist even the best child custody lawyer to achieve the outcome you desire.

Immediately hire a child custody lawyer

Every child custody case is a mountain of paperwork, court dates, and visitation schedules. The stakes are very high if you miss anything at all, and it is easy for this to happen. Hire a family law attorney before even sticking your toe into these muddy legal waters. Not only does your attorney argue on your behalf in court, but he or she will also organize all the details so nothing is missed.

Keep a custody journal

When you go before a judge, you will need clear and reliable records to back up any assertions about the other parent. Make sure you date every entry; also, write notes about every encounter with the other parent. This is doubly important if you believe he or she has done something that you think is unhealthy for or harmful to the child. Take photos and write down the names of any possible witnesses. Use the journal to record your activities with the child, and your efforts to cooperate with the other parent.

Cooperate with the other parent

Keep an open and courteous dialogue with your ex, even if you are unhappy with the overall situation. Appearing to be unreasonable can work against you in court. If communicating with the other parent is too challenging, ask your divorce lawyer to handle communication or give you advice about how to manage the situation.

Enable visitation for the other parent

Even though you believe you can provide a better environment for the child, do not withhold visitation from the other parent. The court will look more favorably on your case if you cannot be portrayed as spiteful or uncooperative by your spouse’s attorney. Of course, if you suspect an imminent threat to the safety of the child, consult with your attorney about the next best steps.

Be careful in front of the children

Always respect that the children will be very upset if you place them “in the middle” by openly criticizing your ex-spouse or partner. Take the high road, stay calm, and protect the children from negative comments. This is truly the best for the children, and the court will be looking for evidence that you do put their welfare ahead of your own emotional state.

Curtail social media interaction

It is a mistake to use social media to belittle your ex or complain about the custody arrangement you would like to change. Social media is a public space and anything you post there may find its way to the courtroom. Along with refraining from criticism of the other parent, make sure social media does not show you behaving irresponsibly by being drunk or using illegal drugs. Your child support lawyer will tell you that even posting something positive like a new car or dining out can be used against you. You may post wholesome family activities on social media, but in general, it is safest to stay off social media as much as possible.

Are you planning to file for child custody? Call an experienced attorney at Perna & Abracht, LLC. 

This blog was originally posted on https://www.pa4law.com/things-you-should-do-before-you-file-for-child-custody/

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What to Know Before You File for Divorce

A divorce is a complex legal proceeding, sometimes taking years to complete. There are actions you can take that are likely to assist a divorce lawyer in achieving your best possible outcome:

Minimize Emotion

This likely is a difficult time for you emotionally, yet your best decisions and plans are not made when you are feeling emotional. Rationally analyze your decision to pursue the divorce. Is this what you truly want? Have you tried every possible avenue to achieve a reconciliation? Ask yourself these questions at a time when you are feeling calm and in control of your emotions.

Your Rapport with Your Divorce Attorney

Because divorce is complex and may take longer than you expected to complete, you should select an attorney with whom you feel a strong rapport. There is no substitute for the years of experience with divorce and custody cases that your law firm can bring to the table.

Documentation

As your divorce progresses, you will realize the importance of financial and other documents. However, you should be gathering all the documents before you file for divorce. It’s advisable to make copies of bank and investment account statements, phone records, credit card statements, mortgages, and car loans and bring them when you meet with your divorce attorney. After you have filed for divorce, it might be difficult to gather all the documents that will impact your marital settlement.

Child Custody

For many families, child custody is the most emotional issue in a divorce. It’s likely you will share custody of minor children. To assist you in achieving a custody arrangement that is agreeable to you, review your work schedule and your children’s schedule, and other commitments you have, and define a custody schedule that will work for you. This provides your child custody lawyer with a concrete goal to work toward.

Buying or Selling

Once you have filed for divorce, the judge will prohibit you and your spouse from buying, selling or disposing of marital property. Let’s say you need a new car or have been planning to sell a rental property. It’s best to do this now before your file for divorce.

Your Living Situation

It’s important to define your desired living situation during and after the divorce. Then discuss this with your child support lawyer who will advise you about how to behave in order to achieve your goals. For instance, moving out of your home, even on a temporary basis, prior to your divorce may have an impact on when or if you will be able to return to your residence.

Joint Accounts

Talk to your attorney about joint bank accounts and credit cards. He or she will advise you about the best way to handle these accounts. The concern is that a joint account can be drained or burdened with inflated spending once your spouse becomes aware of your intent to divorce.

No Time for Romance

Prior to and during a divorce, it is not a good idea to start a new romantic relationship. Keep your focus on your home life and making sure your children are secure and well-cared-for. A romance is a distraction that could also compromise your position in the eyes of the court.

If you have are contemplating divorce, you need experienced lawyers who have handled these cases before such as the team at Perna & Abracht. If you have a specific question about your situation, and want an answer without any obligation, you can ask the attorneys at Perna & Abracht here.

This blog was originally posted on  https://www.pa4law.com/what-to-know-before-you-file-for-divorce/

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