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:
Spousal Support
Montgomery County Spousal Support Lawyers
Experienced Counsel to Advocate for Your Spousal Rights After Separation
Spousal support and APL refer to the temporary financial support the dependent spouse receives during the course of the divorce proceedings. This is different from the alimony that a dependent spouse may receive after divorce. There is a set formula for the computation of the amount of spousal support or alimony pendente lite (APL) that one spouse should receive based on the relative incomes of each party. An experienced family law attorney can help you determine the actual income or earning capacity of each spouse to determine the appropriate spousal support or APL.
Determining a spouse's actual income and earning capacity is the most crucial and important factor in determining what the spousal support or APL should be. An experienced spousal support lawyer can help you determine these figures for each spouse to estimate the potential spousal support or APL.
Questions? Contact Shemtob Draganosky Taylor Stein, PC Today.
At Shemtob Draganosky Taylor Stein, PC, our spousal support lawyers will walk you through the legal process and explain how the court will determine the appropriate incomes of each party so as to arrive at the appropriate amount of spousal support or APL. Determining the actual income and earning capacity is the most crucial and important factor in determining what the spousal support or APL should be.
If you have children, the APL or spousal support formula is determined after we have determined child support. We are skilled in multiple areas of family legal matters, including child support, which ensures that we can take a multi-prong approach to your spousal support matter.
Contact Shemtob Draganosky Taylor Stein, PC today for a spousal support lawyer skilled in the negotiation and calculation of spousal support or APL. Call (215) 544-3974 or contact us online.
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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
