Divorce Archives - Page 6 of 11 - Reinherz Law Offices

215 922 2055

856 302 3989

Philadelphia
New Jersey

215 922 2055

856 302 3989

Philadelphia
New Jersey

Helping Good People Through Hard Times for Over 30 Years.

Archive for the ‘Divorce’ Category

What Conditions Allow for Challenges To Alimony Agreements?

In the state of Pennsylvania, alimony is a needs-based payment that is provided by one spouse to another after a divorce is final. Its intention is to allow a financially disadvantaged (or less advantaged) spouse to continue to live in a lifestyle similar to what they had been enjoying during the marriage, particularly where one spouse earns significantly more than the other. Alimony is frequently provided when a marriage has been in place for a long time and one partner stayed home to raise children, or whose income was substantially less. The goal is to provide a bridge to parity, or at a minimum, self-sufficiency.

Alimony is not meant to be a permanent situation: it is understood that when circumstances change, so will its terms. Alimony payments can be reduced, increased, or eliminated entirely based on challenges, with the conditions leading to challenges including:

Either ex-spouse getting a new job, promotion, demotion, cut in pay or increase in pay
Either ex-spouse losing their job
Either ex-spouse having another child
Either ex-spouse inheriting money or in some other way coming into a significant amount of money, i.e. winning the lottery or receiving a substantial monetary gift
Remarriage of either ex-spouse
Illness, injury or disability (or recovery) of either ex-spouse
Either ex-spouse graduating from college or other school
Either ex-spouse being convicted of a crime
Either ex-spouse being found liable in a lawsuit
Either ex-spouse filing for bankruptcy

It is important that both parties to an alimony agreement understand the difference between a change in circumstances and a change that is “material and substantial.” The court is not likely to consider adjustments to alimony for insignificant changes such as a relocation that does not change the financial situation, one ex-spouse starting to date, nor is it going to respond to ex-spouses seeking a challenge to alimony based on an argument about lifestyle or how the party receiving alimony is spending the money that they receive.

If you believe that it is appropriate to challenge the current conditions of your alimony agreement, it is essential that you continue to make your payments throughout the process of investigating filing for a change and while your petition for a change is being considered. For legal guidance in seeking a change to your current alimony agreement, contact Reinherz Law today to set up a time to discuss your situation.

Tips for Negotiating Child Custody Over the Holidays

To say that negotiating child custody over the holidays is hard is a study in understatement: it is traditionally one of the hardest and most emotional aspects of divorce. Making matters worse is the fact that once you’ve gotten through hammering out the details in a way that is amenable to both parties, you then need to look at the issue of what happens when the holidays roll around. You need to anticipate special events such as birthdays, time off from school and national, traditional or religious holidays, otherwise you are likely to find parents and extended family are cheated of important opportunities to build memories and celebrate in a way that strengthens family bonds and shared values.

The key to making discussions about holiday custody easier is to keep fairness in the back of your mind at all times. In the absence of a family being together, you need to work to make sure that the children know that both parents want to be with them, and that both parents are working together to make sure that they are able to enjoy the special time in the most positive way possible.

The first thing that needs to be done to create a mutually acceptable holiday custody schedule is to identify all of the times that need to be included, and the best way to do that is to sit down with previous years’ family calendars, as well as your children’s school calendar to make sure that you are aware of long weekends and school holidays. Parents need to keep in mind that there are holidays that they will feel cheated of if they don’t have the opportunity to share at least every other year: these include things as simple and basic as Halloween and the Fourth of July. Once you have created this list, determine whether you want these holidays and events to be shared on a half-day basis, spent together, or whether you’d prefer to have your children every other year. Some parents have chosen to alternate multiday holidays each year, so that one year one parent gets Christmas Eve and the other gets Christmas Day, and then it switches the following year.

When dealing with longer holidays, the same type of decision needs to be made. Do you prefer to alternate three-day weekends and weeks away from school each year, or split them, or stick to the existing custody schedule and let the chips fall where they may?

The most important thing to remember when setting up a holiday schedule is that if you have things in writing, you are always able to make adjustments between you at a later date, but it is much harder to reach an agreement at the last minute. Talk to Reinherz Law Offices before negotiating your custody agreement in order to avoid arguments and heartache in the future.

How to Modify an Existing Divorce Decree

The process of divorce can be painful and at times it feels endless: at the end, when all the decisions have been finalized and the paperwork signed and delivered, it can represent a tremendous relief. Still, circumstances can change, and when that happens it may become necessary or desirable to make changes to the terms that were originally negotiated and agreed to. Though the main focus of the divorce decree, dissolving the marriage itself, is irrevocable without seeking a new marriage, the terms regarding custody, child support and spousal support can be modified if a significant change warrants it.

The first thing that you need to know about modifying your divorce decree is that it is absolutely necessary that you are able to demonstrate a substantial shift in circumstances. The court system has little patience for parties to a divorce wasting the court’s time and resources simply because they are dissatisfied with the terms. That being said, filing a petition for modification of terms is appropriate where you can demonstrate a change in the conditions upon which the original terms were based. Examples might include a dramatic shift in either income or expenses necessitating a change in the amount of child or spousal support being paid or needed. When it comes to child custody, the type of changes that would warrant a change might be a relocation, a change in jobs that make it impossible to adhere to the existing schedule or concerns about the care that the child is receiving.

If you are considering filing a petition with the court to modify support, you will need to provide documentation that validates your claim for a change. If you are seeking additional support, this might include notifications of increased or additional expenses, and if you are trying to have the support that you are paying reduced it might include financial statements, notification of a job termination, recent paystubs or a W-2 showing diminished income, or demonstration of an unsuccessful job search. For shifts in custody, any type of court records or affidavits attesting to mistreatment or negligence to the children, or conversely an improvement in relations with the children corresponding to a request for more time, would be appropriate.

Though divorce is final, modifications to the terms of support or custody can always be made if they are warranted. For more information, contact our office to set up a consultation.

How Is Pet Custody Handled After a Divorce?

It’s conventional wisdom among those who have been through a divorce that every family breakup is difficult, but the most difficult are those in which parents battle each other over child custody. These issues test the mettle of even the most experienced judges, and if not resolved in a way that limits the children’s exposure to animosity, can end up doing long-term harm. But while more and more courts across the land work to minimize family stress and to work toward what is in the best interests of the children, a new issue has been increasingly raised – who keeps the pet after a divorce – and it is testing the court’s patience.

Though couples may insist that their love for their pet is no different from what a parent feels for a child and that the courts should treat it with the same level of importance – the judicial system takes a very different view of the issue. When it comes to the law, animals are property, and they are treated in the same way. Few judges are likely to be willing to expend much time or energy to creating or upholding custody agreements involving “fur children,” so if you can’t reach an agreement on visitation or custody between you and your soon-to-be-ex, the issue is likely to be resolved based on the same equitable distribution rules that are applied to real estate, automobiles or furniture.

In one notable case involving a couple who established a custody arrangement for a dog that one ex-spouse brought back to court for enforcement, the court decided to eliminate the custody agreement entirely, writing that, “Determinations as to custody and visitation lead to continuing enforcement and supervision problems. … Our courts are overwhelmed with the supervision of custody, visitation, and support matters related to the … protection of our children. We cannot undertake the same responsibility as to animals.”

So, what’s the best approach? Some argue that even if the issue is resolved as a property dispute, it should still be resolved by determining what is in the best interests of the animal, and should be based on factors such as which of the spouses is most involved with the pet: which feeds it and spends the most time with it; who bought the pet or brought it into the relationship in the first place; and who takes it to the veterinarian and pays those bills.

In the end, couples who truly care about their pet will resolve these issues in the same way that parents of children do: by deciding what works best for the pet. If you need assistance with your divorce, contact our office to set up an appointment to speak with one of our family law attorneys.

Planning Visitation Arrangements for the Upcoming School Year

Children at school When divorced or divorcing parents are working out their custody schedule, the school year schedule requires special attention and accommodation. When dividing visitation and responsibilities for kids that are out on break or too young for school, the calendar can be based on what works best for parents’ work schedules. But as soon as school comes into the picture, everything changes: pick-up and drop-off needs to adjust to the school day and the bus schedule; if both parents work then you’ll need to make arrangements for aftercare or to get the kids to their after-school activities and extracurriculars; homework needs to be addressed, and even the sleep schedule may have to change in order to make sure that your child is well rested for class. Though it may feel impossible to make these adjustments in a way that still allows both parents ample time with the child, a family law divorce attorney can help.

The best way to start is with a clear parenting plan. When a visitation schedule is explicit and detailed, everybody knows what to expect on a day-to-day basis, and it also becomes easier to make adjustments to accommodate special events such as PTA meetings, science fairs, band concerts and Brownie meetings. As children get older, they begin to exert more power over their own schedules, and it is essential that both parents remain flexible, communicate well, and allow for adjustments to the visitation schedule to accommodate their interests and friendships.

As long as you keep your focus on what is in your child’s best interest, figuring out a new visitation schedule around the school year should not be a problem. Many parents who live in the same school district have found success in arranging for kids to take buses to each of their homes, or if the school will only allow for one address then the parent whose night it is can pick the child up at the home or bus stop after school. Parents who live in different school districts may need to work out a weekday/weekend schedule or may need to adjust living arrangements in order to allow a child to go to school in a better school district.

Sharing custody is always difficult, but if you remember that what is most important is your child’s quality of life and you having quality time with them, then you’ll be better able to come up with a plan without conflict or stress. For assistance in creating a workable visitation schedule for the school year, contact our office today to speak with a family law divorce attorney.

Communication Tips to Keep your Divorce Process on Track

certificate of divorce Every divorce is different. Some couples simply recognize their incompatibility and part company on pleasant terms, while others carry so much anger that their antagonism towards each other gets in the way of what they most want – to be rid of each other. When couples are operating in an emotional, hostile state, reasonable communication is usually the first thing to break down, and that can lead to one of two outcomes. Either:

They end up doing all of their communicating through their attorneys, which quickly leads to enormous legal fees for both of them, or
They speak to each other in such damaging terms that they end up sabotaging any progress that has been made – thus the process takes longer, and they end up with enormous legal fees.

Even if your fondest wish is that you never have to speak with your soon-to-be-ex again, there’s a lot to be gained from trying to keep your communication with each other civil. The more clearly and calmly you’re able to speak with one another, the less intervention is needed from attorneys and the faster the whole process can be over.

To that end, here are some simple tips for avoiding unnecessary communication minefields:

Whenever possible, try to communicate directly. Calls or letters from your lawyer can be viewed as threatening, and messages delivered through third parties like family members or friends can easily get lost in the translation.
If there are children involved, set boundaries that will allow you to talk about their needs without emotion entering the picture. As parents, you need to work together to make sure that their best interests are being served.
When you’re angry, avoid conversation. If you find yourself arguing, find a calm way to remove yourself and return to the conversation with a plan.
Don’t let yourself rise to the bait. There’s no reason to respond to every text or email or to leap to answer the phone call. Give yourself a break. Set limits on how many times you will speak with them in a day, and what hours you’re available.
Make notes about what you want to accomplish before beginning any conversation.
Avoid trying to win points in the conversation.

The more calmly and effectively you’re able to communicate with your spouse, the more you’ll accomplish and the faster you’ll get through the process. If you need assistance or to speak with one of our attorneys about our divorce services, contact our office to set up an appointment.

Dividing Student Loan Responsibilities in a Divorce Decree

Students graduating from college or graduate schooling with a mountain of student loan debt has become all too common as tuitions continue to rise in the United States. The average amount of debt that a college student graduated with in the class of 2017 was $39,400, and that number is expected to climb. That level of debt can take decades to pay off, and when you combine that level of indebtedness with divorce, things can get extremely complicated. Though many people think that student debt somehow stands apart from other types of debt, the truth is that it is treated in a very similar way to all other assets and debts in a marriage, and the question of who is responsible for repayment after a couple divorces is often a question of when the debt was incurred: before or during the marriage.

When a debt is incurred prior to a marriage taking place, it is typically treated as separate, and not as marital property. But debts incurred during a marriage are generally calculated as part of the equitable distribution process, with “equitable” being the key word. The court will try to divide the debt based on what is fair rather than dividing it down the middle, and fairness often involves looking at a variety of elements, including the income or earning capacity of each partner, each partner’s ability to repay the debt alone, and the amount of support that the partner who was not the student provided in order to allow the student to earn their degree. The court will also give consideration to the degree to which the spouse who the loan didn’t directly benefit was advantaged indirectly by their spouse earning their degree.

In most cases, unless student debt has been addressed in a prenuptial agreement, the debt will end up being divided between the two spouses, though each contribution may not be equal. The best way to ensure that the division of your student loans and all other aspects of marital asset and debt distribution is calculated fairly is to make sure you have a compassionate and knowledgeable advocate acting in your behalf. For information on how we can help you with this challenging aspect of divorce, contact our office today to set up a time to come in and talk with us.

How to Figure Out Visitation Schedules Over Summer Vacation

Planner In every household with children, the arrival of summer (and the end of the school year) brings a certain amount of disruption. Though parents’ schedules and obligations remain the same, the kids suddenly no longer need to wake up early for buses or drop-offs. Homework is no longer a consideration, and neither are after-school activities. For divorced parents, the summer vacation from school can represent either a blessing or a curse, depending on how your normal visitation schedule is structured. A parent who normally has responsibility for school days suddenly has a lot of time to fill, and possibly a new need for childcare where school had previously fit the bill, while a parent who wanted more time with their kids suddenly has a lot more options. As is always the case in a divorce involving children, all decisions should be engineered with what is best for the kids as the guiding principle. Here are some ideas for figuring out visitation over summer vacation, as well as some information regarding issues that sometimes arise:

Some court-ordered visitation schedules will be broken down into separate school time/vacation time schedules. Doing this ahead of time can avoid relitigating custody.
Parents have the opportunity to leave the schedule as it is, but options for summer schedules that depart from the school-year schedules include:
- Alternating custody every other week, usually beginning and ending on a Friday early evening.
- Providing custody to the non-custodial parent for a six-week period with small periods of custody for the custodial parent in between.

Custody and visitation agreements can be written to include specific extended periods of time for a non-custodial parent to take a child on vacation, whether in or out of the jurisdiction. The same can be true for a custodial parent who wants to depart from the normal rotation in order to allow for an extended period for vacation. In all cases, language is needed to address the need for consent to take a child out of state or out of the country. Failure to do so has the potential of inviting charges of kidnapping.
Shifting your custody schedule may have an impact on child support. If your summer schedule is going to make a significant change to the amount of time either parent is providing care and the change creates a financial issue, consider addressing the issue at the time that support is being negotiated.

How to Negotiate for Shared Custody

Divorces are rarely easy or free of conflict, and this is particularly true in divorces that involve children. One of the most challenging issues that families negotiating the terms of their divorce face is how best to address shared custody in a contested divorce. The underlying philosophy of the court is that parents need to arrive at a solution that is in the best interests of their child or children, but when tensions are running high and one or both spouses are feeling hurt or angry, there can be a quick turn to vindictiveness and use of the children as weapons to hurt one another or score points against each other. This is a mistake, and it can undermine the health and well-being of your children.

No matter how you feel about your spouse they are your co-parent, and always will be. Here are some tips on how to negotiate for shared custody:

Learn the custody laws that are in place in your state. The more you know about your rights and what is expected of you, the less you are likely to be taken advantage of or to have unrealistic expectations.
Set aside your emotions when discussing your children. Fighting will work against you making any progress or achieving your own goals.
Make a list of what your goals and priorities are in terms of custody. After you’ve written them down, take a close look at whether each of them is meant to achieve something positive for the child that you can explain and defend or whether it is meant to punish or hurt the other partner. By writing down your goals, you can check yourself to see whether you are being fair.
Remember that your child’s other parent has just as clear a right to spend time with the child as you do and that your child wants to spend time with both of you.

One of the most helpful tips to keep in mind while negotiating custody is to ask yourself how you would have felt as a child if you had been subjected to the schedule that you are suggesting for your child. Taking your own emotion out of the equation and putting yourself in your child’s place is one of the best ways to ensure that you are doing what is most fair and will ensure that your child has a strong relationship with each of you.

Negotiating custody is one of the hardest aspects of divorce, but when it has been done well it provides positive results for all involved. For assistance with this and other aspects of divorce, contact our office today to set up an appointment.

Is the Decision of a Divorce Mediator Final?

divorce mediator Going through a divorce is an extremely challenging and emotional experience. Not only are you dealing with the end of a relationship that you had thought was going to last forever, but you are suddenly at the mercy of laws and processes that are unfamiliar to you. One option for dealing with the many conflicts that arise in divorce is to work with a divorce mediator, who is trained to facilitate resolution in a non-adversarial way. When you choose mediation, the goal is to find a middle ground that is acceptable to both spouses without the animosity that is often engendered by having issues hammered out by attorneys representing each spouse. Though mediation is extremely popular, people considering it often have questions about whether it is right for them, and one of the most common things people are uncertain about is whether decisions made by a divorce mediator are final.

The truth is that mediators do not make decisions: what they do is listen to both sides’ goals and then try to find a middle ground that represents the compromise that will bring both parties closest to their goal while remaining in keeping with the law. There is nothing binding about the recommendations that a mediator makes. Both parties to the divorce remain in control while working toward a solution. In most cases, each spouse has their own attorney who helps them to formulate their goals and who reviews the agreement crafted by the mediator. It is only after the parties to the agreement have signed the agreement that it becomes legally binding and final.

There are many advantages to using a mediator in a divorce. Each spouse can make their own decisions about what they want and can express that to the mediator. The process is much less expensive, as there is less time spent on representation in court and less money spent on arguing because the focus is not on winning, but on finding an accommodation that both spouses can live with. Perhaps most importantly, there is less animosity and strife, which will make interactions with your ex-spouse much easier going forward. This is particularly important in situations where child custody is involved. Parents who opt for using a mediator in their divorce tend to put their children’s well-being first. If you would like information on using our mediation services in your divorce, contact our office today to set up a convenient time to meet.