Pennsylvania Family Law Blog – The Law Offices of Sheryl R. Rentz
Retirement Assets and Insurance Policies Also Need To Be Updated During a Divorce
Divorce cases are often characterized by division of assets and alimony payments. However, what many individuals filing for divorce fail to take into account are their non-probate assets, namely those which cannot be immediately divided between the two divorcing parties, but which will either mature over time or be paid out after certain events take place. Retirement accounts, life insurance policies, and last will and testaments are all classified as non-probate assets. According to a news story featured on West Virginia’s WVNS-TV, the details of these assets are often overlooked, leaving behind complicated matters even after a divorce has long been granted.
In some states, non-probate assets are immediately disassociated with an individual once the divorce process is completed, unless otherwise stipulated in the details of the divorce. However, the majority of states do not have such a policy in place, meaning that divorcing couples need to take appropriate measures in order to ensure that their future assets are distributed according to their wishes. While some divorcing couples may not feel the need to change beneficiaries of non-probate assets, it is still a good idea to draw up new documentation after a Pennsylvania divorce in order to clear up any confusion that may arise once policies mature or in the event that an individual passes away. In essence, divorcing couples should always keep in mind that officially ending a marriage does not simply involve what you have now, but also what you will potentially have in the future too. Read the rest »
Grandparents Granted Visitation Rights in Ohio Child Custody Case
We often assume that a child is best left in the care of his or her parents. However, when one or both parents has a relatively small role in a child’s upbringing, and other relatives, such as grandparents, accept the task of raising the child, the best interests of the child need to be thoroughly taken into account, particularly when it comes to custody and visitation rights. According to Ohio’s Dayton Daily News, a family law case involving a young girl, her maternal grandparents, and her father illustrates how important it is that all details are carefully examined when it comes to providing a child with a healthy home environment.
Reportedly, after the 8-year-old’s mother passed away, her grandparents, whom the girl and her mother had already been living with, were contacted by the young girl’s father, who requested that visitation with his daughter resume. The girl’s grandparents obliged, but were soon blindsided when the girl’s father acquired a court order for his daughter to begin living with him and his new wife. After much debate, the girl’s grandparents were awarded visitation rights every other weekend. Read the rest »
New York Now Accepting No-Fault Divorce Cases
No-fault divorce is now available in every state across the country, thanks to legislation recently signed into law by New York Governor David Paterson. According to Fox40 WICZ-TV, New York, which previously rejected no-fault divorces, has become the final state to accept the reasoning as a motive for couples to officially end their marriages. According to the new law, a disgruntled spouse needs only declare that a marriage simply isn’t working out, and their request for a divorce will be granted.
Regardless of what the circumstances surrounding a potential divorce may be, it is essential that the services of an experienced divorce attorney are retained in order to ensure that an amicable outcome is obtained for all. Issues related to divorce, such as property division, child custody, and alimony payments need to be carefully examined in order to arrive at agreements that work out best for both parties involved. When children are caught in the middle of a divorce, it is even more crucial that their best interests are kept in mind at all times, so as to retain as much normalcy in their lives as possible. Read the rest »
Agreeing While You Still Can: What a Post Nuptial Agreement Can Do For You
When two people get engaged, plan out a wedding, and officially become a married couple, they often do not take into consideration the repercussions that may result from a divorce. For many couples, the mere mentioning of a pre-marital agreement can be rather offsetting, particularly if its mentioning comes at an inopportune time. However, even if a pre-marital agreement was not decided upon prior to saying “I do,” a post-nuptial agreement can always be drawn up after the wedding.
Like a pre-nuptial agreement, post-nuptial agreements are legally binding contracts that stipulate the allocation of goods or assets in the event a marriage ends in divorce. These agreements should not be considered evidence of bad things to come, but as safeguards in the event that a marriage unforeseeably must come to an end. Post-nuptial agreements protect property acquired prior to and during marriage, assets and monetary accounts that a couple does not want to be considered communal, and can even stipulate power of attorney in the event of harm befalling one or both married individuals. If a couple is contemplating having children together, a post-nuptial agreement can also stipulate custody arrangements and other matters pertaining to those children. (However, it should be realized that in family court, the best interests of a child are always given top priority, and all decisions made regarding children are at the discretion of the court.) Read the rest »
Montgomery County Divorce and Family Law Attorney
Montgomery County is a popular county in Pennsylvania with an approximate population of over 795,618. Estimates from 2000 noted 286,098 households, and 197,693 families residing in the county, which is a suburban county located just northwest of Philadelphia. As the third most populous county in Pennsylvania and the 69th most densely inhabited county in the U.S., family law issues frequently arise, emphasizing the importance of legal counsel from a skilled Montgomery County, PA family law attorney.
Family law in Montgomery County is a very intricate area of law that involves matters pertaining to spousal support, divorce, child visitation, property division, pre-marital agreements, domestic violence, child custody, and more. When going through a divorce, there are many issues that must be dealt with competently and within a certain amount of time in order for a person to obtain a successful outcome. When a divorce is not dealt with correctly, an individual’s rights to child custody, support, or visitation, as well as other financial issues, can suffer as a consequence. An experienced Montgomery County divorce lawyer will ensure that your rights are protected to assist you in receiving positive results for your specific situation. Read the rest »
Ohio Offers Relief to Parents Behind on Child Support
The dire states of the economy and job market have led to financial hardship for many people. For parents in Ohio who are behind on their child support and unable to make payments, the Licking County Child Support Enforcement Agency is hoping that an array of options will help change that. According to a NewarkAdvocate.com article, the agency is considering arrear waivers for individuals financially unable to pay, community service programs that will help pay down amounts owed for parents who may be unemployed, and forgiveness of a certain portion of the amount of child support due for those individuals who qualify. Reportedly, because amounts owed are already paid to the parent who cares for the child, any waiver or reduction of payment would be taken as a loss by the Ohio Department of Job and Family Services, with no children being affected whatsoever.
While unemployment and other financial hardships are making it difficult for individuals across the country to make child support, the well being of one’s child should always be taken into account. Appropriate steps should be taken to ensure that at least a portion of an agreed upon amount of child support is paid each month. The law is very strict when it comes to enforcing child support payments in Pennsylvania. Consequently, the punishment for those who fail to make payments can be very severe. In the event that a parent refuses to make an effort to arrange for payment, an enforcement application can be filed with the court, and a variety of penalties may be imposed. Read the rest »
Mississippi Mix Up Had Louisiana Man Paying Child Support for Someone Else’s Children
When children are involved, divorce and child support go hand-in-hand. In the majority of cases, divorcing parents know that child support payments will be made; how much those payments will be worth; and how the transaction will take place – whether through wage garnishment or otherwise. However, according to a WAFB.com article, a Baton Rouge man recently discovered that his wages have been garnished for years for a pair of children whom he doesn’t know and who belong to a woman that he never met.
Reportedly, the wage garnishing had always confused the man, but he figured that the reduction being made to his check was regarding taxes or insurance or some other necessary cost. Labeled as “Discretionary Allotment” on his check, the man never questioned the charge while serving 12 years in the United States Navy. However, after taking on a job at Wal-Mart, the man noticed that the reduction reappeared on his check, but this time labeled as “Family Support, Child Support” instead of the description used previously. The Louisiana resident contacted the Division of Child Support Enforcement of the Mississippi Department of Human Services, and the matter is currently being investigated in order to correct the error. Unfortunately, according to the Department of Human Services, mistakes like this do happen every once in a while, particularly when the mother filing the paperwork only knows that father-in-question’s name, and not his social security number. Read the rest »
Delaware County Divorce and Family Law Attorney
Delaware County is a prominent county in Pennsylvania with an estimated population over 550,864. Being comprised of suburbs of its neighboring city, Philadelphia, Delaware County is the fifth most populous county in Pennsylvania. Considering that approximately 206,320 households and 139,472 families reside in Delaware County, the area is no stranger to complex family law matters, making experienced Delaware County family law lawyers all the more important.
Family law in Pennsylvania is a highly complex and sensitive area of law that relates to issues involving divorce, pre-marital agreements, spousal support, property division, domestic violence, child visitation, child custody, and more. When dealing with a divorce, there are several complex matters that must be handled efficiently and in a timely manner in order for a person to obtain positive results. Divorces, if not handled properly, can significantly compromise an individual’s rights to child custody, support, or visitation, as well as other financial issues. A skilled Delaware County divorce attorney will make sure that your rights are protected and work to help you achieve a successful case outcome. Read the rest »
No-Fault Divorce May Soon Be Allowed in New York
On any given day, no-fault divorce is cited throughout most of the country as the primary reason why a marriage simply didn’t work. Of the 50 states, New York remains the lone holdout state that does not allow no-fault divorces in its court system. However, according to a USA Today article, no-fault divorces may soon be cited throughout the entire country, including New York, if legislation already approved by the New York State Senate is also agreed upon by a state Assembly conference committee.
According to statistics, the marriage rate in the United States in 2008 was 7.1 per 1,000 people, while the divorce rate was 3.5 per 1,000. This essentially supports the common adage that one out of every two marriages ends in divorce. Regardless of which reasons are cited for a divorce, a host of different elements need to be carefully examined in order to come to an agreement that is amiable for both parties. While many people hope that a marriage will inevitably improve over time, sometimes the differences are simply too great, and parties have no choice but to file for separation. For such parties in New York, declaring a divorce to be no-fault may soon be a possibility. Read the rest »
Should Military Deployment Be Considered in Custody Battles?
In any Philadelphia child custody case, every pertinent detail needs to be carefully examined in order to determine what course of action should be taken in order to keep the best interest of the child in mind at all times. However, in cases where parents are members of the armed services, the details surrounding custody arrangements can be especially complicated.
Recent legislature passed in the House, and now in the hands of the Senate, seeks to create a nationwide norm in regard to considerations given to parents who are deployed by the military and how such deployment can affect child custody arrangements. Read the rest »
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