Family offers a safe haven from the uncertainties of life. However, family dynamics change –and sometimes for the worse. When trust starts wearing thin and a husband and wife can’t see eye to eye anymore, the life they built together starts to crumble.
If you’ve found yourself in a family scuffle and are fighting for what you hold dear –children, property, etc., you need a solid legal defense to have your back. Petrelli Previtera divorce and family law attorneys come in handy during this difficult time. If you have to go to court, we’ll use our legal expertise to help you get what you need.
Paoli Family Laws You Need to Know
Divorce
If you’re considering divorce, you must meet Pennsylvania’s divorce laws, including residency requirements before filing for divorce. Ideally, one of you must have been a state resident for at least six months immediately before filing for divorce.
You must also have a legally viable reason to file for divorce –also called grounds for divorce. You can file for a no-fault divorce, where none of you is blaming the other for the divorce, or a fault divorce, where one spouse blames the other for the marriage breakdown.
Child Support
Determining child support is straightforward in Paoli because the law provides a formula for deciding how much a spouse contributes to child support.
Typically, the law creates a schedule of essential child support obligations and presumes that the number given by the guidelines is enough for child support. However, a judge can increase or reduce the amounts depending on several factors, including:
- Other support responsibilities
- Other household income
- The child’s age
- The relative assets and liabilities of the parents
- Medical expenses not covered by insurance
- Standard of living
- Best interests of the child.
Usually, the custodial parent –the parent who spends most of the time with the child –receives these payments from the other parent, also called the noncustodial parent.
Child Custody
Custodial rights cause significant friction during separation or divorce –partly because emotions are high, especially the fear of losing a child to the other parent. The judge typically rules in the child’s best interests, ensuring custodial rights, visitation rights, and other issues favor the child’s well-being above either parent’s.
Property and Debts
Pennsylvania uses the equitable division law in property division. That means the judge does their best to award property rights to each spouse fairly. However, equitable division doesn’t promise to divide the property in half.
Alimony and Spousal Support
Like child support and custody, the judge will consider several factors to determine alimony awards -such as how long the couple has been married, the age of the partners, their living standards, and their health. However, a couple can agree on the amount of alimony and how long it will last without involving a judge.
How Petrelli Previtera, LLC Helps
As hard as a separation or divorce may be, our attorneys can make things much easier. These are the reasons why we stand as your best bet:
- Long-standing reputation of expert legal advice. We’ve been around the block more than a few times. We’ve successfully helped clients through custody battles, contested divorces, prolonged asset division wars, and more.
- Strategic locations. You can find us in 9 states nationwide. Even better, we have locations in counties like Paoli and Chester counties in Pennsylvania to make it even easier for you to walk in and find help.
- You can choose the attorneys you’d like to meet. Schedule a consultation online at your convenience and choose the attorney you’d like to work with.
- We work on your schedule. Choose a schedule that works for you by deciding when is the best time to meet with our attorneys.
- Value for money. You get more than you bargained for at Petrelli Previtera, LLC with invaluable counsel and unrivaled representation. Moreover, you get a money-back guarantee consultation.
Common FAQs about Family Law and Divorce in Paoli, PA
Who Pays Alimony in Paoli, PA?
Any spouse can ask for alimony. Once the request is made, judges consider several factors to determine the viability of the request. For example, income levels, age, physical and mental health, spouse’s education, how long it takes to find a job, effects on finances for caring for a minor child, etc.
Who Pays Child Support Taxes in Paoli, PA?
Pennsylvania does not enforce tax credits for paying child support. Additionally, you don’t have to count child support as income for tax purposes because the money goes to the child. However, the law deducts child support money from tax refunds of a parent who doesn’t pay child support.
How Does a Judge Determine a Custody Award in Paoli, PA?
The guiding factor in custody awards is the child’s best interests. To determine what they are, a judge considers the following factors:
- How each parent participates in the daily care of the child
- Stability of the child regarding education, family, and community
- The child’s relationship with other family members, including the extended family
- The child’s preference
- Parents’ history of abuse or domestic violence
- Each parent’s willingness to maintain a relationship between the child and the other parent
- A parent’s willingness to maintain a good relationship with the child, their availability to care for the child, and their physical location.
Does the Age of a Child Matter in Custody Awards?
Typically, a judge will consider what the child wants if they are old enough to express who they’d rather stay with. However, a judge won’t award custody rights to the father of an infant, and the parent’s gender does not carry much weight in awarding custody to children beyond the nursing age.
Need Help? Expert Legal Help is Just One Click Away!
Family tussles may be painful, but you don’t have to lose sleep over losing your rights to the things that matter most. Petrelli Previtera, LLC comes with a formidable team of family law and divorce lawyers. Beyond court battles, we offer legal advice on how to go about any family issue you may be going through. Schedule a Consultation Today.