Montgomery County Family Law Blog

Alimony is typically the last issue decided in a Pennsylvania divorce case. For the most part, child custody and support as well as property division are considered greater priorities. Nevertheless, alimony can prove to be a major source of disagreement between former partners. If the parties cannot agree, a judge could step in and make a final order on alimony.

Despite common use of the words interchangeably, alimony and spousal support under Pennsylvania law are different. Legal professionals report that there are actually three distinct awards provided from one party to the other in a divorce -- the period after separation but before the divorce is filed, while the divorce is pending but not finalized and after the divorce is final. The later is properly called alimony. There are a number of factors that are considered in the determination of whether alimony will be awarded, in what amount and for what duration.

The rules that apply to child support in divorce cases are relatively fluid. There is no one-size-fits-all solution. Parents in Pennsylvania who are going through a divorce and have children may want to learn about some of the considerations that are made in most child support cases.

Each family has different circumstances, which the courts look at when determining who the children will live with and if it will be necessary for one of the parents to pay child support. Child support is designed to spread the cost of taking care of the children between both parents.

For many years, it was almost automatic that fathers received custody of children in a divorce. In the middle of the 20th century, that flipped and child custody often went to mothers while fathers received custody on holidays and weekends.

In recent years, judges go into child custody hearings with the mindset not to favor one parent or the other but to determine what is in the best interest of the child.

Pennsylvania parents who decide to divorce may consider many factors relating to how the end of the marriage might affect the parent-child relationship. From child custody and visitation to negotiating an amicable co-parenting framework, divorcing parents do a great deal of work to prepare for their future. One issue that people may not consider immediately is how the divorce might change their tax filings.

Of course, people who divorce must now file their taxes as single rather than jointly as a married couple. In addition, only one parent can claim each child as a dependent per year. This can be important because it provides access to key tax credits like the Child Tax Credit, the Child and Dependent Care Tax Credit and the Earned Income Tax Credit. After the changes to tax law introduced by the Tax Cuts and Jobs Act, these credits are more important than ever to achieving important tax savings. In addition, a parent who can claim a child as a dependent can file using Head of Household status.