Pennsylvania Divorce Checklist
Listed below are basic issues to be resolved in your divorce and discussed with your spouse.
CHILDREN
Child Support
Custody: PHYSICAL - where the children live
LEGAL - who will make the important decisions in their lives
College education for the children, removal from state
Medical and dental expenses of the children
Agreement to review child support (this can be raised at any time with the court without agreement)
Income Tax deduction of the children; who will claim them
Camps, vacations
Special needs of children
Religious training of children
Children's Passport
Children from former Marriage
PROPERTY
Division of the marital home and any other real estate, including time shares
Personal Property, division of this includes many items such as furniture, art and collectibles
Retirement Benefits: Pensions, 401k, IRA's, QDRO's
Vehicles, including trailers
Boats
Investments, savings, stocks, bonds, partnerships
Life insurance policies, sometimes used for the protection of child support, alimony or property payments in case of death as well as dividing existing policies
How do you protect the division of the property - security
Taxable gains
Exclusive possession of the Marital Home
DEBTS
How acquired, who pays
Income Tax liabilities
Bankruptcy issues
Attorney and expert fees after adjusted debts
Foreclosure
ALIMONY, SPOUSAL SUPPORT
Length of time
Medical insurance for the former spouse under COBRA. This is limited for up to three years from the entry of the divorce decree
Life insurance
Payment direct to spouse or thru Court
Pennsylvania Property Distribution
What Happens to Real Estate We Own?
Most married couples own their real property as "tenants by the entireties." This form of joint ownership means that neither spouse can sell the property during the marriage without the consent of the other. Upon divorce, however, unless the parties have a written agreement providing for the division of the property, the court has the power to divide the property based on equitable principles. This means that the court will take many factors into account when arriving at a fair decision, although that does not always mean that the property will be divided equally.
The court takes into consideration both spouses' economic and non-economic contributions to property acquired during the marriage. If neither you and your spouse nor the court divide the property, then the nature of your ownership automatically changes after divorce and you both become "tenants in common."
What is Marital Property?
The Divorce Code provides that all property acquired by either spouse during the marriage, with certain exceptions like gifts and inherited property, is marital property, regardless of in whose name the property is held. It should be noted that the increase in value during the marriage of gifts, inherited property, and premarital property which remain in party's name, will also be considered marital. Marital property, if not divided in the separation agreement, may be divided equitably by the court.
Who Owns the Household Goods?
Household items, such as drapes, carpets, furniture and appliances are generally not titled in either spouse's name. Unless you can show a different intent, the law treats all such property as being jointly owned and used for the benefit of both spouses, regardless of who actually paid for it. As a part of the divorce, the court may consider these things as marital property and distribute them accordingly.
What About Bank Accounts?
No matter whose name is on the account, you are both owners of the funds. If one spouse draws all of the money out of an account, he or she may have to account to the other for the money, no matter who originally put the funds into the account or if the account is titled in only one name. As part of the divorce, the court may consider the bank accounts as marital property and equitably divide the funds, regardless of whose names were on the accounts.
Pennsylvania Child Support
Do Husbands and Wives Have a Legal Duty to Financially Support Each Other?
Each spouse owes support to the other as long as they are legally married. A court may require a spouse to contribute to the support of the other. The amount of support is determined by considering the income of each spouse, their earning capacities, assets and needs. Statewide support guidelines establish a presumptive amount of support based upon these factors, with primary emphasis being placed on income. A copy of these guidelines is available at the domestic relations office at your county court house.
Can I Obtain Financial Support?
Under the Divorce Code, a dependant spouse may be able to collect temporary alimony while divorce proceedings are pending. Statewide guidelines establish a presumptive amount of support. A spouse may also be given an award of post-divorce alimony if the court finds that it is necessary. In determining the amount of alimony and the length of time it is to be paid after a divorce, the court considers such factors as age, health, standard of living, relative earnings, the contribution by a party to the increased earning power of the other or as a homemaker, and the custody of minor children.
Who is Responsible for the Support of the Children?
According to the law, both parents have a responsibility to support their children which continues even after a divorce. In determining the amount of child support to be paid by one parent or the other, the court will consider the income of both parents, their earning capacities, assets and needs, as well as the needs of the children. Statewide support guidelines establish a presumptive amount of support based upon these factors, with primary emphasis on income, A copy of these guidelines is available at the domestic relations office at your county courthouse.
Once a child reaches the age of 18 or graduates from high school, the parents generally are no longer required to support that child. However, if the child is unable to support him/herself because of a physical, mental or emotional disability, the duty of support may continue beyond the age of 18. Parents are no longer required to pay support to a child who is attending college, unless they have mutually agreed to do so in writing.
How Do I Obtain Spouse or Child Support?
A person seeking support may file a complaint for support in the domestic relations section of the trial court for a minimal charge. A conference will be held with a hearing officer at which both parents will be required to disclose their income and expenses. An attempt will be made by the hearing officer to have the parties reach an agreement as to the amount of support, if any. If an agreement cannot be reached, the usual procedure is for the hearing officer to submit a recommendation to the court as to the nature and amount of support that should be awarded. The court will enter an order of support based on that recommendation. If either party is not satisfied with the court order, he/she may demand a hearing before the court at which the order could be modified. When both parties exhaust their appeal rights, it will become the final order.
Can A Final Support Order Be Changed?
Either spouse or parent may seek an increase or reduction in the amount of support in the final order of he/she can show that a substantial change of circumstances had taken place since the order was entered by the court. An increase or decrease in earnings by the spouse or parent or in the needs of the children are examples of substantial changes in circumstances
How Are Support Orders Enforced?
If a person who is ordered to pay support willfully fails to do so, the support can be automatically taken from his/her wages. In addition, a judgment may be entered by the court against that person for the total amount of support that has not been paid in the past, requiring him/her to pay all that is owed. Failure to obey a court support order could also result in a term of imprisonment.
What if the Parent Paying Support Moves Out of State?
Support orders entered into one state will be enforced in other states which have adopted a reciprocal support law. The Uniform Reciprocal Enforcement of Support Act has been adopted in Pennsylvania. If the whereabouts of the parent paying support are unknown, the federal government can provide assistance to courts to locate the missing parent.
Do I Have to Pay Child Support If I Do Not Have Visitation or Custody Rights?
Denial of visitation or custody rights is not a lawful excuse for ignoring a support order. A person has the right to go to court to enforce visitation or partial custody rights, but it is a separate proceeding. Refusing to pay support because a denial of visitation or custody rights will only result in legal action taken to enforce the support order.
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