The Pennsylvania Department of Welfare has developed a child support website
at www.pa-childsupport.com to provide convenient and confidential access to
child support information. The website is designed to assist employers
withholding child support under a wage attachment order, as well as support
payors and payees. The site is secure and confidential and can be accessed
at any time. Employers can obtain a list of current wage attachments. Payors
can determine whether their payment was received by the support office and
check their arrears balance. Payees can verify whether their check is in the
mail. Both can update their address online, check scheduled dates and
locations for support hearings and appointments, locate the nearest support
office and read answers to frequently asked questions.
For more information about child support issues,
contact
James
H. Richardson Jr., Kelly A. Mroz,
Melissa H. Shirey, or Stacey Konkel for an appointment.
Divorce and the Family Dog
In a case recently decided by the Pennsylvania Superior Court (Desanctis v.
Pritchard, July 5, 2002), the parties entered into a divorce agreement,
which awarded the family dog, Barney, to the wife, but granted the husband
specific “shared custody” rights to see the dog. The Pennsylvania Superior
Court ruled that the contract was void and the husband could not enforce his
rights to see Barney. The Court reasoned that dogs are personal property
under Pennsylvania law, like a table or a lamp, and not subject to custody
schedules.
Inheritance Alert!!
The Pennsylvania Supreme Court issued a long-awaited decision
on February 20, 2002 regarding the effect of the receipt of an inheritance
on child support obligations. In Humphreys v. DeRoss, the Pennsylvania
Supreme Court held that the principal or corpus of an inheritance is not
income for purposes of a child support obligation. The inheritance may,
however, be considered as a factor for purposes of deviating from the amount
of child support which would otherwise be due under the Pennsylvania Support
Guidelines.
The Humphreys decision reverses the earlier Pennsylvania Superior Court
decision that the principal or corpus of an inheritance is considered income
for purposes of child support. The implications of the prior decision were
quite serious, as up to forty percent of an inheritance could be diverted to
a beneficiary's estranged or divorced spouse through a child support,
alimony pendente lite or spousal support award.
Although this decision will ease many concerns for individuals whose
beneficiaries are adult children or family members who are married or have
children, careful estate planning is still required to ensure that your
estate is transferred according to your directives. The laws regarding
support and divorce are complex and vary from state to state.
For an appointment to discuss any estate planning issues, please call any
one of these attorneys: John B. Enders or Thomas J. Minarcik. The following
attorneys are also available regarding family law issues: James H.
Richardson, Jr.,
Kelly A. Mroz,
Melissa H. Shirey, or Stacey Konkel.
What Every Married Person
Needs to Know
Despite
a falling divorce rate, approximately 40% of new marriages still
end in divorce. Many couples, when experiencing difficult periods
of their marriage wonder how a divorce would affect them financially.
There are steps that one can take while the marriage is intact
to protect one's interests if a divorce should become a reality.
The following are tips that all married couples should consider
and discuss.
1. Antenuptial Agreement: The single most
effective divorce planning tool is a well-written and carefully planned antenuptial agreement. Such an agreement can be made anytime before or
during the marriage. Planning for a divorce, even though you hope never to
be divorced, can be very difficult. However, this planning technique enables
couples to discuss rationally financial issues and determine what works
best, given their circumstances and needs. Each partner should consult his
or her own attorney when a planning an antenuptial agreement, to ensure that
his or her interests are properly protected.
2.
Be Informed: One or both spouses often do not
have a clear understanding of the parties' financial affairs. Knowing the
identity and approximate value of all of the marital assets is important in
the divorce context. Every couple should prepare a financial statement each
year to better understand their assets, debts and retirement planning.
3.
Control Debt: Clients are often shocked to
learn that a spouse has incurred enormous amounts of credit card debt, in
joint name. The prudent spouse reviews his or her credit report each year.
In a strained or deteriorating relationship, it is best to cancel joint
credit accounts, including credit cards and lines of credit.
4.
Establish Separate Bank Accounts: Couples
contemplating divorce are often best served by establishing separate bank
accounts. Separate accounts protect the spouses against problems such as one
spouse liquidating the joint account without warning or writing checks with
insufficient funds. Before closing joint accounts, couples should discuss
how to share the proceeds between the new, individual accounts.
5.
Consult with Your Lawyer: Your attorney can
help guide your transition when you are thinking about separating from your
spouse. He or she can inform you about your legal rights and obligations and
help you determine what steps you need to take.
For more information about child support issues,
contact
James
H. Richardson Jr., Kelly A. Mroz,
Melissa H. Shirey, or Stacey Konkel for an appointment.
FREEZE AND SEIZE:
Federal Enforcement of Support Obligations
A recently enacted Federal
Law provides a new enforcement mechanism for overdue child and spousal
support obligations. Under the new law, assets may be identified, frozen
and seized to satisfy arrearages. The following assets are subject to
seizure: demand deposit accounts, checking accounts, negotiable withdrawal
order accounts, saving accounts, time deposit accounts, money market
mutual funds accounts, individual retirement accounts, 401(k) plans,
bonds, boats, vehicles, life insurance, interest income, rental properties
and primary residence.
The assets are identified
through electronic means, that is, computers interfacing with each other.
If a match is made between overdue support and assets owed by the obligor,
then the local Domestic Relations Section is notified and a preliminary
Court Freeze Order is generated.
The obligor cannot prevent
enforcement of the Freeze Order by making payments toward the arrearage.
This is true even where the payments toward the arrearage are pursuant
to an Order of Court or by agreement of the parties.
Certain criteria must
be met before a Freeze Order is submitted to the Court. The arrearage
must be at least thirty days overdue and in excess of two times the
monthly support order. The asset must be greater than $250.00 and not
a joint account, trust fund or otherwise exempt from legal process,
such as SSI benefits. If the asset is a checking account, the balance
in the account must be greater than $1,999.99.
If these criteria are
met, a Freeze Order is submitted to the Court, the Order is issued,
the party in possession of the asset is served with the Freeze Order,
the asset is frozen and then the support obligor is notified by letter.
The obligor has thirty days to object to the freeze. The procedure for
objecting to the freeze is provided with the notification. If the obligor
does not successfully contest the freeze, and does not pay the arrearages,
an Order to Seize Assets is issued, instructing the holder of the property
to transmit the asset in payment of the arrearage. If you owe or are
owed child or spousal support, consult with your domestic attorney as
to how this new law may affect you.
For more information about child support issues,
contact
James
H. Richardson Jr., Kelly A. Mroz,
Melissa H. Shirey, or Stacey Konkel for an appointment.
