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:
Child Support
Montgomery County Child Support Lawyers
Experienced Legal Support for Child Support Cases in Greater Philadelphia Area
Pennsylvania uses guidelines to determine the presumptive amount of child support. However, the guidelines permit “deviations” from the presumptive amount of support under certain circumstances and mandates, such as the children’s reasonable needs, in high-income cases. An experienced attorney at Shemtob Draganosky Taylor Stein, PC can offer the guidance you seek in figuring out how these rules apply to your situation.
Whether you have questions about petitioning for child support or how much you might be expected to pay, contact Shemtob Draganosky Taylor Stein, PC online or at (215) 544-3974today.
Understanding Pennsylvania Child Support Guidelines
The parent who cares for the child most of the time (the custodial parent) typically receives child support payments from the noncustodial parent. In cases of equal custody, the greater earning spouse pays the lesser earning spouse. Pennsylvania’s child support guidelines dictate the amount of support to be paid depending on both parents’ incomes and the number of children they are supporting.
To estimate the support amount based on Pennsylvania's child support guidelines, you will need information on:
- both parents' gross incomes;
- both parents’ tax statuses;
- any spousal support or alimony paid or received;
- childcare expenses;
- medical insurances premiums that cover the child; and
- any union dues or non-voluntary retirement contributions.
For child support purposes, gross income includes salaries, wages, bonuses, and commissions, as well as income from pensions and retirement plans. Income for unemployed parents may include Social Security benefits or workers’ compensation. Income may also include veteran's benefits, interest on investments, and rent from real estate property. A court can also impute income for parents willfully unemployed, attributing to that parent an earning capacity, an amount that the parent could earn, based on their education and employment history.
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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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Former Clients Say It Best
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"Highly experienced, client-focused and efficient service"
I appreciated David Draganosky’s informed guidance and willingness to move forward diligently, which set the stage for a favorable resolution. Your firm’s reputation for highly experienced, client-focused and efficient service is well-deserved.
- Former Client -
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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Lori Shemtob and her associates were the perfect choice. Lori has the perfect demeanor to defuse any volatile situation.- Former Client
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Cynthia’s practical knowledge of negotiation and the law helped me in a tense situation where my ex-husband did not want me to take the kids with me and then refused to pay any support.- Former Client
Adjusting Child Support Payments: Deviations and Modifications
Following the guideline calculation, the judge can choose to deviate above or below the presumptive amount, depending on the following factors:
- a parent’s unusual needs and fixed obligations;
- a parent’s other support obligations;
- either parent’s household income;
- the child's age;
- the relative assets and liabilities of the parents;
- medical expenses not covered by insurance;
- the parent's or child's standard of living; and
- other factors, including the best interests of the child.
Keep in mind that an order for child support may be modified. If either parent shows a material and substantial change in circumstances, such as obtaining new employment or becoming unemployed, they may petition for the court to modify the child support payments.
