Law Office of Gary R. Swavely, Jr. Blog

Tuesday, May 31, 2016

Conditions under which child support payments may be adjusted

Much like a marriage may evolve or in fact dissolve, so to might the circumstances of one or both spouses. For example, consider the case of a spouse who, after a divorce, has been paying a certain amount of child support, but who loses his or her job and remains unemployed or perhaps underemployed for an extended period of time. Can this spouse ask the court to adjust his or her child support payments?

In Pennsylvania, the law requires that a spouse attempting to vary the child support payments submit evidence supporting claims that the unemployment was involuntary in order for a change in child support payments to be considered. This loss of employment can range from a long-term job as a professional or tradesperson to work that is seasonal or commission based.

Other circumstances that may cause one to change child support payments include a change in income which results when a parent or partner moving in or a child who no longer requires expenses, for example, like daycare.

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Tuesday, May 31, 2016

Dividing Property in a Divorce

Is Pennsylvania an equitable distribution state?

When a couple divorces in Pennsylvania, the marital property will be divided according to state's equitable distribution law. This means the court will divide the property fairly, but this does not necessarily mean equally.

What is marital property?

Marital property includes property that was purchased by each spouse during the marriage (regardless of who held title), property that was acquired by the couple while they were married (such as a house or car), each spouse's income during marriage and retirement benefits that each spouse earned during the marriage.

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Tuesday, May 10, 2016

Welcome to Our Blog

Welcome to our new website and blog!  Please check back often for updates.

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