 Ilene YoungAttorney at Law 215-348-5448
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| Pennsylvania Divorce FAQ's What should I expect in a divorce proceeding? What should I expect in my initial consultation? How is Pennsylvania child support determined? What should I expect in a divorce proceeding? An overview.© by Ilene Young, EsquireThe law of divorce in Pennsylvania is controlled by Title 23 of the PA Consolidated Statutes. Statutory language is linked to the relevant text in the following article.Although some divorces are very simple and can be handled with a minimum amount of red tape and delay, such as when there is no significant property involved and the couple has no children, most divorces are far more difficult and can take many different courses. The following, however, is a basic outline of the divorce process. Divorce
Petition:
The petition is filed with the court in the county in which the spouse resides. A statutory filing fee is required. "Notice" of the filing together with the Petition are served on the other spouse. Service: The "Notice" informs the spouse of the time period during which he or she must file a response with the court. The response will set forth the "counterclaims" of the defendant spouse. Discovery: The pursuit of a just conclusion of the divorce matter requires "full disclosure" of all relevant information by each party to the divorce. The "discovery" phase of the divorce proceeding is meant to facilitate this. Through their lawyers, the plaintiff and defendant spouses will request all information relevant to the divorce issues from one another. They will
Once all relevant information has been disclosed to each party, the spouses may engage in settlement negotiations. They may do this informatlly with one another, through lawyers, or by employing a "mediator". Mediators are specially trained domestic relations settlement facilitators. Settlement: If settlement is reached, the parties' attorneys will formalize the agreement in writing. This document will then be filed with the court and, if approved by the judge, made a court order along with the entry of the "Divorce Decree." Without Settlement: If the parties cannot agree, or the judge does not approve the "agreement", the case will go to trial. During this phase each side will present witnesses and testimony. Prior to the trial, the parties and their lawyers will most likely attend pre-trial conferences with court masters. Trial and Order: At the conclusion of the testimony, the judge will isue an order. Appeal: If either party has grounds to object to the order, he or she may appeal the decision to a higher court. |
No Fault Divorce? No fault divorce is a divorce in which neither party must prove or cite "fault grounds", but merely irreconcilable differences. If no further claims need be addressed, these divorces can be finalized by the filing of the initial Divorce Petition, and a "Consent" document by the defendant spouse |
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Initial Consultation © by Ilene Young, Esquire Many clients approach their first meeting with a domestic relations lawyer with trepidation. The circumstances which bring them to seek legal advice are distressful. The last thing a client needs is the additional stress which comes from not knowing what will happen in a consultation. This brief overview is intended to provide reassurance by offering an outline of what to expect, and is based upon the Initial Consultation process at my law office and many others. The initial phone call: Your initial contact with the office will be received by the secretary or receptionist. In some firms, you will make your appointment at once. In others, the procedure is for an attorney to return your call to arrange for a mutually convenient time to meet. At this time you will be asked to bring any court documents you have received, and any paperwork from former attorneys you may have employed, as well as any information you may consider important and relevant. Intake: When you arrive at the office you will be greeted by the receptionist. ( If you have arranged to meet with your attorney outside normal daytime business hours, your attorney may greet you herself.) You will be asked to fill out a general new client information sheet. This is to provide the information necessary to open and track your file in our office system. If you do not know the answer to any questions, it is not necessary to respond to them. The sheet is intended for everyone's convenience and is not of critical importance to your case. All information you give is confidential and private. Consultation: You will then meet with your attorney in her private office. The attorney will ask questions to obtain the fullest possible understanding of your circumstances, your goals and wishes, and your needs. Don't worry about forgetting to mention things. An experienced attorney knows the proper information to seek and anything you overlook can be supplied by a later phone call or appointment. As statutory time limits are of importance in many legal matters, a timeline for your personal legal matter will be explained to you and any critical deadlines clearly communicated during this meeting should that information be available to the attorney at that time. Charges: The attorney will also fully explain to you the system by which fees are charged and billing takes place in advance of undertaking any representation. There should be absolutely no uncertainty regarding this when you leave your consultation. Ask Questions: Should you have any questions, ask. The attorney expects you to be certain you fully understand all that has taken place during the consultation and will ask you, before the conclusion and again when walking you to the door, if you have any questions. The Followup: It is good practice, and also required by the Pennsylvania Rules of Legal Ethics, for the attorney to follow up in writing with a detailed explanation of the method by which legal charges are calculated and you are to be billed. This will be in the form of a "retainer letter" which you will be asked to read thoroughly, and return in an envelope provided. And Remember: You are the client. Your family law attorney is experienced in domestic matters and accustomed to the emotional turmoil such issues can create. She will be sensitive to your situation and that of your children, and is ethically bound to hold all communications from you in strict confidentiality. It is your choice whom you wish to hire to help you with your family law matter. If you feel uncomfortable with the attorney, seek further.
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Other Pennsylvania Law Articles by Ilene Young, Esquire What Should I Expect in a Divorce Proceeding? How is Pennsylvania Child Support Determined? The Initial Consultation Understanding Your Power of Attorney Advocate's Response to State School Administrators Move to Limit No Child Left Behind A Guide to Special Education Synonyms: Parent's Reference No information on this site is intended as Legal Advice. See Disclaimer Below. |
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How is Child Support Determined in Pennsylvania? © by Ilene Young, Esquire Please note that the Child Support Guidelines are currently under revision. The following is for general reference only. The Guidelines: Pennsylvania has strict guidelines for calculating child support. The guidelines are based upon a percentage of annual income per child per parent. All states have guideline systems for calculating child support - some are stricter than others- and the amounts vary from state to state. The first link below will take you to the sections of the PA Code by which support is calculated: The Pennsylvania Guidelines: Graphic Schedule In using this schedule the combined income of the parents is used. In an extremely simplified fact situation with one child in full custody of mother, for example, if father's income is $3,000 a month and mother's income is $1,000, they would each be responsible for their percentage of the support obligation to one child from a total income of $4,000. On the left of the chart you would find the monthly figure or $4,000. Monthly support cost for one child would be $786. Father would be responsible to pay mother 3/4 of $786, or $589.50. Mother would be presumed to be providing her 1/4 in direct payments & support as the custodial parent. The following link provides information regarding calculation of income percentages and use of the guideline schedule: The Pennsylvania Guidelines for Child Support What Is Considered Income for Child Support Purposes?: Income is calculated based upon an at least six-month average
of income, unless a truer picture of income would be obtained through
another calculation. "(1) wages, salaries, bonuses, fees and commissions; (2) net income from business or dealings in property; (3) interest, rents, royalties, and dividends; (4) pensions and all forms of retirement; (5) income from an interest in an estate or trust; (6) social security disability benefits, social security retirement benefits, temporary and permanent disability benefits, workers’ compensation and unemployment compensation; (7) alimony if, in the discretion of the trier of fact, inclusion of part or all of it is appropriate (8) other entitlements to money or lump sum awards, without regard to source, including lottery winnings, income tax refunds, insurance compensation or settlements; awards and verdicts; and any form of payment due to and collectible by an individual regardless of source." For further information, the following link will take you to
the relevant section of the Pa. Code: Tax matters: Child support is not tax deductible. The right to take the dependent tax credit for the supported child is a matter to be addressed in the divorce settlement agreement. Custody: Legal claims for custody and separate and distinct from claims for child support. Both claims can be included in a divorce action; or, absent divorce, both can be filed simultaneously but they remain separate and distinct actions to be adjudicated individually. Overview: A child's right to support is of paramount public interest in the laws of all states. While the guidelines are fairly inflexible, in many situations the discovery, designation and calculation of relative income can be complex and requires the services of an experienced family and support law attorney. Disclaimer BE advised : Nothing on this web page is intended to constitute legal advice and all content of this web page is provided for informational purposes only. If you are in need of legal advice related to any matter you are advised to CONTACT AN ATTORNEY. Nothing on this web page is intended or does create an attorney/client relationship. It is not intended that visitors to this web page shall rely upon the infomation herein obtained as legal advice. Email communication is by its nature insecure and the privacy of email communication is not and cannot be guaranteed. The provision of LINKS on this web page does not constitute an endorsement of the information therein contained, nor any political position therein contained, nor any other content, nor legal advice but is provided merely as a courtesy to the web community. |
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