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:
Post Divorce Issues
Post-Divorce Issue Attorneys in Montgomery County
In many instances, in the years after a divorce has been finalized, there are issues that arise. Issues that are often revisited are child support and child custody.
The seasoned attorneys at Shemtob Draganosky Taylor Stein, PC can help you address any changes in your circumstances and help you renegotiate child custody and child support matters. Additionally, if your former spouse is not living up to the terms of your property settlement agreement, our lawyers are adept at finding ways to enforce the terms of the agreement.
Contact our attorneys for a personalized consultation.
Enforcing Marital Settlement Agreements
A marital settlement agreement, like any agreement, is only as good as the people entering into it. If your ex-spouse is not following through with the terms of your marital settlement agreement, we can take action to ensure that they ultimately meet their obligations. Our lawyers are experienced in handling contempt issues.
Post-Divorce Modifications
It is common for people’s circumstances to change after a divorce. In order to reflect these changes, the terms of a divorce agreement may need to be modified. Child custody can be modified based on the best interest of children. Child support is modifiable as well based on a substantial change in circumstances, such as an increase or decrease in income for one or both parties.
Spousal support or APL is modifiable until the time the divorce is finalized. Once divorce is final, alimony is usually not modifiable.
Whether a case of APL or spousal support, enforcement of child support, or the handling of a different family law matter, the attorneys at Shemtob Draganosky Taylor Stein, PC have the experience and knowledge to assist you with these issues. Our many years of experience have provided us with insight on how a court may rule in certain situations, and what direction a case is likely to take.
If you are facing post-divorce modifications or contempt issues and need legal assistance, contact Shemtob Draganosky Taylor Stein, PC today.
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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 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.
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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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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
