Dormont Divorce Lawyer
What Happens If You Don’t Pay Child Support?
Child support payments in Pennsylvania continue until a child turns 18 or graduates from high school, whichever occurs later. If you owe child support but do not pay it, there are several enforcement measures that may be taken against you, including:
- Your wages may be withheld
- Your federal and state income tax refunds may be taken
- Your bank or credit union may be ordered to turn over your financial assets
- Major credit bureaus may be alerted
- The following licenses may be suspended, denied, or not renewed:
- Driver’s license
- Commercial driver’s license
- Professional or occupational license
- Fishing license
- Hunting license
- Your passport may be denied or not renewed
- Your lottery winnings may be taken
- Your name may be published in the newspaper
- Your overdue support may become a lien against all real estate that you own in Pennsylvania
- You may be fined or imprisoned for up to two years
To speak with an Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How To Change Your Child Support Order
Child support orders can always be modified. Parents can petition the court to modify their child support order at any time based on a change in circumstance. Courts may change a child support due to any of the following factors:
- A parent’s income significantly increases or decreases;
- The child now has significant or continuing medical expenses;
- There is a change in child care;
- There is a change in medical insurance;
- The parents now live together;
- The child receiving support has turned 18 and graduated from high school;
- The child starts living with the noncustodial parent or someone other than the custodial parent
- The noncustodial parent is incarcerated
- Other substantial changes in circumstance occur
To learn more about changing your child support order, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How Courts Divide Property In Divorce
Who gets the toaster? Who gets the couch? Who gets the car? Who gets the house? At its most basic level, divorce is about people splitting up and figuring how to split up their stuff.
Parties can always bypass the courts and figure this out for themselves with the help of a mediator or collaborative divorce attorney. Spivak Law Firm is certified in mediation and collaborative divorce.
In Pennsylvania, the formal process for dividing property through the courts is equitable distribution. Equitable does not mean equal; it means fair.
A court looks at several factors to determine how to fairly divide the parties’ marital assets and debts. Marital fault does not play any role here. Evidence of adultery or domestic violence does not affect equitable distribution.
According to Pennsylvania law, the court may consider each marital asset independently and apply a different percentage to each marital asset. Some key factors relevant to equitable distribution include:
–The length of the marriage;
–The needs of the parties;
–The income, job skills, and employability of each party;
–The standard of living of the parties established during the marriage;
–The contribution of each party in the acquisition of the marital property, including the contribution of the party as a homemaker; and
–The tax consequences associated with each asset.
To speak with an Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Protecting Kids in Divorce
In Pennsylvania, courts generally frown on parents who fail to protect their children from conflicts during divorce.
If you’re engaged in a child custody dispute, protect your children from conflicts between you and your partner. Don’t say anything against your partner, no matter how provoked you might be, because anything could become evidence.
Avoid the following behavior:
- Asking your children questions about the other partner;
- Discussing court with your children or within their hearing;
- Asking your children to compare you and your partner;
- Giving your children choices between their two parents;
- Exposing your children to your negative emotions.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Defining “Income” for Child Support Cases
Child support is largely based on parents’ income. At a child support hearing, both parents are required to bring federal income tax returns, including W-2s, and pay stubs for the preceding six months.
But what constitutes income for child support purposes? According to Pennsylvania law, income includes:
–wages, salaries, bonuses, fees and commissions;
–net income from business or dealings in property;
–interest, rents, royalties and dividends;
–pensions and all forms of retirement;
–income from an interest in an estate or trust;
–Social Security disability benefits;
–Social Security retirement benefits;
–temporary and permanent disability benefits;
–workers’ compensation;
–unemployment compensation;
–alimony;
–lottery winnings;
–income tax refunds; and
–insurance compensation or settlements.
Income does not include, however, public assistance and Supplemental Security Income (SSI) benefits, Social Security payments for a child, and foster care payments.
For more information on child support in Pennsylvania, contact Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.