Dormont Divorce Lawyer
Child Support and Social Security Disability
Are Social Security Disability benefits includable as income for support purposes? It depends what kind of disability benefits you receive. Social Security Disability Insurance (SSDI) benefits are includable in “income” as defined by Pennsylvania law; but Supplemental Security Income (SSI) benefits are not income for support purposes.
Whether you qualify for Social Security Disability (SSD) benefits or Supplemental Security Income (SSI) depends on your work history. To qualify for SSD benefits, you must have paid into the Social Security system by working for a certain amount of time. To qualify for SSI benefits, you need not have any work history at all. Unlike SSD, SSI is similar to a welfare program. SSI recipients must be disabled and have a monthly income that does not exceed a certain level.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Becoming a Better Parent Through Divorce
Divorce can be an awakening for parents that results in them actually becoming better parents and taking more active roles in the children’s lives. If you were the main caregiver before divorce and did most of the work, wondering why your ex couldn’t take a greater parental role, his or her turnaround after the divorce can be frustrating.
But while it may be upsetting at first, ultimately you should come to realize that it is better for your children to have both parents involved in their lives. It may also make things easier for you if you find that you can share responsibilities such as driving the children to their friends’ homes, program, and other events.
To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Understanding Your Finances is Key in Divorce
Getting a handle on your financial situation is key when going through a divorce. Organizing your finances can be difficult if you were not the one responsible for them during your marriage. If possible, try to become more financially aware before you separate:
- Get more involved in your finances. Know the basics – pay the bills and file the statements. Learn how your daily and monthly expenses are managed.
- Determine where the money is coming from and how it is applied toward your budget.
- Take part in setting up investments such as retirement funds, and understand where and what the other assets are.
To speak with an Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Building Relationships with Children of Divorce
Some parents are adamant that their children spend time with them when it’s “their time.” They may even stop the children from participating in activities or programs or spending time with their friends.
Family therapists advise against placing your desire for contact with your child above promoting his or her healthy development. Try not to think in terms of minutes and hours; think in terms of the quality of the relationship your are building and sustaining.
To speak with a Pittsburgh custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Promoting Love for Both Parents Helps Children
According to family therapists, the worst thing is for children to feel torn. The message you need to give your children is that it is safe to love both parents, not that your child cannot love one parent because the other will be upset.
Children who are forced to take sides will feel torn, lost and angry. Children have to learn to evaluate each parent based on how he or she treats the child, not on what the parents think of each other.
To speak with an Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Telling Your Children About Your Divorce
Divorce can be emotionally devastating for parents and children alike. Here are some tips from family counselors on telling your kids about your divorce:
- Talk to the children together
- Give your children time to react and time to be mad and sad, and to ask questions
- Try to anticipate your children’s questions and reactions, and be prepared to respond
- Encourage your children to talk about their feelings
The reasons behind your divorce are likely not relevant to your children and generally should not be shared, the experts say. What children need is: to feel loved; to realize the divorce is not their fault; a sense of security; routine and structure; and not to be put in the middle.
To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Finding the Right Family Law Attorney For You
Family law attorneys handle divorce, child custody, and support issues. Choosing the right family law attorney is important given the emotional and financial hardships that frequently accompany these issues. Here are some things to consider when making your decision:
- Does this lawyer seem confident, strong, and experienced?
- What skills do I see in the lawyer? Is the lawyer smart, resourceful, comforting, strategic, a good listener, and so forth?
- Is this person a skilled negotiator, trial lawyer, and communicator?
- What kind of dispute resolution do I want to pursue, and does this lawyer have the appropriate experience and skills to handle the case in this fashion?
- How will the parenting plan be developed and who will develop it?
- If there are realistic issues involving personality disorders, substance abuse, or other such problems, does the lawyer have the experience and skill set to deal effectively with them?
- Do I trust and respect this person? Can we have a good working partnership?
- Can I be honest with this person? Do I feel comfortable sharing intimate details?
- Is this person honest and candid with me?
- Does the lawyer pay attention to me? Does he or she have time for me?
- Can I afford this lawyer?
For a free consultation with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody in Allegheny County (Part 7 of 7)
In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here. To learn about the mediation session, please click here. To learn about waiving the mediation session due to issues of domestic violence, please click here. To learn about the custody conciliation, please click here. To learn about psychological/home evaluations, please click here. To learn about partial custody hearings, please click here.
If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to appear at a judicial conciliation.
A judicial conciliation is very similar to a custody conciliation, except that the parties attempt to work out a custody agreement with the assistance of the Judge assigned to their case. A judicial conciliation may occur after a custody conciliation or after psychological evaluations have been completed. If the parties are represented, attorneys may be present. Please bring with you: a schedule of the child’s activities and school schedule; your income information; and a proposed custody schedule.
If the parties are unable to work out an agreement at the time of the judicial conciliation, the Judge may schedule the matter for trial, schedule further proceedings, and/or schedule evaluations.
To speak with an experienced Pittsburgh child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody in Allegheny County (Part 5 of 7)
In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here. To learn about the mediation session, please click here. To learn about waiving the mediation session due to issues of domestic violence, please click here. To learn about the custody conciliation, please click here.
If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to submit income information for psychological/home evaluations. Allegheny Forensic Associates conducts psychological evaluations.
Once an order is issued for psychological evaluations, the assigned evaluator will contact the parties and schedule the appropriate appointments. Evaluators may administer certain psychological tests and conduct interviews and observations. When the evaluation is completed, the evaluator will issue a report to the parties and the assigned Judge.
The moving party may praecipe for a judicial conciliation before the assigned Judge with the docket clerk on the third floor of the Family Court Building once they have received the report, if they wish to go forward.
In custody matters, if requested by either party or if ordered by a child custody officer, hearing officer or judge, parties may be referred for a home evaluation. The officer or judge will determine and allocate the total fee. Requests to reallocate fees will only be addressed in motions court by the assigned judge.
To speak with an experienced Allegheny County family law, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What is Family Law?
At Spivak Law Firm, we provide strong, compassionate, and cost-effective representation in all family law issues. Family Law comprises a wide array of legal matters, including:
- Divorce Litigation In conventional divorce litigation, parties file suit and use the court system as a framework for litigating and negotiating issues including property division, alimony, child custody, and child support. Spivak Law Firm handles divorce litigation; we are also certified in divorce mediation and collaborative divorce.
- Child Custody Child custody refers to both major decisions regarding the child as well as where the child resides. At Spivak Law Firm, we handle all child custody matters, including: custody complaints, custody conciliations, custody trials, custody modification hearings, and custody relocation hearings.
- Protection From Abuse (PFA) A PFA is a no-contact order that aims to protect victims of domestic abuse. Pennsylvania law defines domestic abuse broadly to include physical and sexual assault, harassment, and stalking. Spivak Law Firm provides strong representation for both defendants and plaintiffs in PFA cases.
- Juvenile Delinquency This refers to the process of adjudicating juveniles accused of crimes. At Spivak Law Firm, we handle all juvenile law matters and routinely accept juvenile court appointments from the Allegheny County Office of Conflict Counsel.
- Child Support Child support payments continue until a child turns 18 or graduates from high school, whichever occurs later. In Pennsylvania, judges apply statutory guidelines to determine the amount of support payable for each child. This formula is based on several factors, including monthly after-tax incomes of the child’s parents.
- Spousal Support, Alimony Pendente Lite (APL), and Alimony These refer to financial support given by one spouse to another. Spousal support and APL are based on a fixed percentage of the differences in the net incomes or earning capacities of the spouses. Alimony is based on the reasonable needs of the dependent spouse.
- Paternity Paternity testing may be required to determine the identity of a child’s father. Establishing paternity affects several other family law issues, such as asserting custodial rights and seeking child support payments.
- Divorce Mediation A divorce mediator is a third-party neutral who aims to help parties resolve all issues related to the divorce without the financial and emotional cost that often accompanies divorce litigation. Spivak Law firm is trained and certified in divorce mediation.
- Collaborative Divorce This relatively new and progressive means of divorce avoids the courtroom in favor of allowing parties to work out agreements with the help of their attorneys. Spivak Law firm is trained and certified in collaborative divorce.
- Equitable Distribution of Marital Property This refers to the formal court process for dividing marital assets and debts based on principles of fairness.
- Adoption There are many different types of adoption, including stepparent adoption, grandparent adoption, second-parent adoption, international adoption, and surrogate-mother adoption.
- Estate Planning Estate planning includes the preparation of various important legal documents, including: wills, trusts, special-needs trusts, and powers of attorney for finances, health care and mental-health care.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.