Pgh Divorce
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.
Understanding Alimony in Allegheny County
Can you still get alimony even if you had an affair during the marriage?
Yes. Under Pennsylvania law, courts consider 17 factors when determining whether to order alimony. Adultery and other forms of marital misconduct represent just one of those factors. Other factors include the duration of the marriage, the standard of living established during the marriage, and the relative needs of the parties. Courts will consider adultery only if it occurred prior to the date of final separation between the parties. A person cannot continue to receive alimony after moving in with a new partner, unless the parties agree otherwise.
To speak with an Allegheny County divorce attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
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.
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.