My husband and I have joint legal custody and joint physical custody of our three children. We both live in Montgomery County. The children go to private school. Can I move without getting a court order?
Answer:
Retirement Benefits In Divorce
Montgomery County Retirement Benefits in Divorce Lawyers
Experienced High-Asset Divorce Representation
Many high-income divorces involve assets that will not become payable until many years later. In fact, these 401(k)s, IRAs, pensions, and other retirement accounts are often some of the most significant — and the most sought after — assets in the entire marital estate.
At Shemtob Draganosky Taylor Stein, PC, our attorneys are accustomed to handling divorces involving significant marital assets and complex business interests. We have the experience needed to handle the property division issues related to your retirement benefits and to limit your exposure to certain tax implications.
Retirement Asset Protection: Protect What You Have Worked For
Splitting employee retirement benefits or other retirement accounts at the time of divorce can come at a significant price. Without proper legal protection, there may be tax penalties, and the contributions may not have had time to grow in value. These issues must be given careful consideration.
A Qualified Domestic Relations Order (QDRO) establishes the right of an individual to collect retirement benefits. Our attorneys at Shemtob Draganosky Taylor Stein, PC can assist with creating valid QDROs and in determining how to value the interests each party has in such retirement benefits.
Contact us to discuss the unique retirement benefit issues in your divorce. Our family lawyers are available to counsel individuals throughout the Main Line and Upper Main Line communities of Pennsylvania.
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I have to pay my ex-wife alimony for four more years. She is living with her boyfriend. Can I stop the alimony?It depends on what your property settlement says. If you have a property settlement agreement that is silent on whether or not alimony terminates upon remarriage or cohabitation, then it may not. Usually, the property settlement agreement will address that and say if it’s modifiable or if it terminates upon remarriage or cohabitation. If you did not reach a property settlement agreement, but instead went to court, and a court issued an order requiring you to pay alimony, then it is modifiable and you can petition to end the alimony as a result of the cohabitation.
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Can I move without a court order if we have joint custody and both live in Montgomery County?
Scenario:
The question really is if it will interfere with his ability to have his custody. In other words, if the children are continuing in their same private school and the drive back and forth to school and to his house doesn’t change his ability to have custody, then you likely do not need court permission. However, if the distance between your new house and your old house would significantly impact his ability to spend his time with the children, then it may be considered a relocation. This is unlikely but is certainly something to consider.
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My ex keeps taking me to court over minor parenting issues. Is there a way to stop the legal costs from adding up?
Scenario:
The father of my children and I can’t agree on anything. We can’t agree on the color of the sky. He has brought me back to court at least five times on minor issues, such as whether or not our daughter's “Blankey“ should go back-and-forth between households and whether or not I need to send diapers to his house. Is there anything I can do to stop the financial bleeding in this case?
Answer:
Pennsylvania has just recently reinstated parenting coordination. It became effective on March 1, 2019. You can request that the court assign a parenting coordinator to address these kinds of issues. They will make decisions quickly, and it is much more cost-effective. A parenting coordinator has to be an attorney who has practiced family law for at least five years or a psychologist with a minimum of a master’s degree. In addition, either the psychologist or the attorney has to have significant training in parenting coordination.
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I was wary about my rights as a father with my children and concerned about having enough time with them during the week and for holidays and breaks from school. Your help in hammering out a very detailed and fair custody agreement was appreciated more tha- Former Client
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