Michael E. Eisenberg
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Montgomery County Family Law Blog

The role of money in a divorce

Pennsylvania residents who are married for the first time have a roughly 50/50 chance that it will last forever. The odds of success are lower for second and subsequent marriages. However, there may be compelling financial reasons to avoid a divorce if possible. For instance, married couples who own a home will need to figure out what to do with it. While a person could keep the home, it can be hard to maintain it on one income.

Selling a home may not be ideal either as buyers know that they have the advantage when it comes to negotiating the price. Moving costs and market conditions will also need to be considered when selling a home. There are also costs to consider when it comes to getting professional help in a divorce. Accountants, attorneys and others involved in the matter will all charge for their services. Individuals who choose to represent themselves to save money could make mistakes that have long-term negative consequences.

Is asking for a change in child support payments selfish?

Divorced parents are encouraged to cooperate with each other in the interest of their child’s development and overall happiness. If you are working toward a positive co-parent relationship with your ex, or have already established one, you may worry that “stirring the pot” could mess everything up.

On the other hand, if you’re unable to make ends meet with the current child support amount, you may not have a choice but to seek a modification.

Managing divorce with new tax rules in mind

Starting at the beginning of 2019, couples filing for divorce in Pennsylvania and throughout the rest of the United States will have to do so with tax rule changes in mind, particularly if spousal support will be involved. This is happening because the Tax Cuts and Jobs Act (TCJA) changes how alimony is handled for tax purposes. Under the new law, alimony will not be tax-deductible for the payor, and the recipient won't be required to report it as taxable income.

If divorce proceedings were started at the end of 2018, it's likely already too late to beat the clock unless a final agreement or court order referencing alimony was already prepared or issued. Since mortgage interest deductions are currently capped at $750,000 instead of the previous $1 million, and local and state income taxes are now capped at $10,000, a divorcing spouse may also want to consider what tax advantages might be associated with ownership of the marital home.

Can I keep my ex's dates away from my kids?

One way to move on from the hurt and anguish of a divorce is to start dating again. But, if the thought of your ex-spouse moving on makes you a little squeamish, you’re not alone — especially if cheating was involved in your marriage.

Worst yet, you may feel most uncomfortable with the idea of your children calling another person “Mom” or “Dad.” Here’s when you can do something about it.

DNA testing for paternity and child support

For people in Pennsylvania, the explosion in popularity of DNA testing has led to increasingly common scientific validation of paternity and other familial relationships. The precision and growing affordability of DNA tests has made paternity tests more common, and they are frequently used in the courtroom when addressing child support and custody issues. This is especially true when the parents are unmarried, or there is a dispute about parentage In some cases, DNA tests are even required to make a firm legal order of paternity.

In some cases, DNA paternity tests have freed people of child support obligations after proving that they were not the child's actual parent. In many other cases, a child support order has been established after the legal confirmation of a child's parentage. In many cases, a man married to the mother of a child is presumed to be the father. This presumption may be rebuttable with a DNA test to the contrary, but the opposite situation exists for unmarried fathers. When the father and mother are not married, the father's name does not need to be listed on the birth certificate unless he is legally considered the father.

‘Tis the season of being deceptive about spending?

For many, this time of year involves buying gifts and other kinds of holiday spending. Such spending can have the potential to be a point of contention within a married couple. Recent surveys suggest that many individuals here in the U.S. aren’t very forthright with their spouse when it comes to such spending.

According to a Swagbucks.com survey, nearly half of Americans report that their spouse or significant other isn’t aware of how much they spend over the holidays. Another survey, by Quicken, found that almost half (47 percent) of individuals who come to agreements with their partner about holiday spending limits end up deceiving their spouse on what they spent (the main form of this being overspending the limit).

Do these 3 odd things really increase your likelihood to divorce?

Most of us know that money or employment can influence whether couples get divorced. We've also all heard the popular theory that children of divorce oftentimes get divorced.

These factors, however, may be a bit more surprising. Here are three things studies claim to have linked to a higher likelihood of divorce.

How to tell your divorce story

We all have different divorce stories. Some of these stories involve betrayal, others find liberation - but most divorce stories are just plain unpleasant.

When it comes time to tell your divorce story - and the time will come over and over in the beginning - it's important to consider your audience. Here are a few tips for telling your story.

Prenups Aren't A Prophecy For Divorce

More Millennials - specifically women - are sitting down with their fiancés and choosing to establish a prenuptial agreement before saying, "I do." While many may be inclined to connect the rise of the prenup to high divorce rates, recent studies may indicate that prenups are not a prophecy for divorce. 

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Michael E. Eisenberg Attorney At Law

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