Alimony is financial support paid by one ex-spouse to the other after the marriage has legally ended. Alimony must be requested during divorce proceeding. Either part may request alimony. If the parties cannot agree on alimony then the court will decide if it is warranted and the amount to be paid. Like child support alimony can be modified after the divorce in a separate proceeding

Traditionally, the common law denied grandparents visitation with a child over a parent’s objections. But since 1965, all 50 states and the District of Columbia have enacted legislation enabling grandparents to petition the courts for visitation rights with grandchildren. The laws do not make granting of visitation rights automatic—they merely give grandparents the right to ask for a visitation order.

The court has the power to hold a party in contempt for violating a court order. The contemnor must be allowed an opportunity to “purge” the contempt, meaning to comply with the order. If the contemnor does not purge the contempt and has the ability to pay, the court has the power of incarceration, although usually for a limited amount of time, such as six months per contempt citation. In addition, many states have criminal penalties for failing to pay child support. Recently, Congress has enacted many new enforcement mechanisms, creating greater collaboration between federal and state governments. These include suspension of driver’s licenses and professional licenses, seizure of tax refunds, seizure of bank accounts and investment accounts, and even publishing the name and picture of the “dead-beat parent” on posters and in newspapers. The law also improves interstate enforcement by bolstering federal services to locate parents across state lines and by requiring all states to have common paternity procedures in interstate cases.

Support in Pennsylvania is calculated pursuant to a formula, which we call “guidelines”. These guidelines apply only when the net monthly income of husband and wife is $20,000.00 or less and there are 6 or less children. These guidelines consider the income of the husband and wife ONLY. One’s expenses are not considered in calculating a support obligation, unless one has what the law considers an “extraordinary expense”, which is outside the contemplation of the guidelines. In addition to the support amount, other expenses such as child care, and medical expenses, for example, are not part of the guidelines but are shared by the parties in addition to the support amount. Support is never a permanent order. It is always modifiable if there is a change of circumstances which would warrant either an increase or a decrease.

Joint custody has two parts: joint legal custody and joint physical custody. A joint custody order can have one or both parts.

Joint legal custody refers to both parents sharing the major decisions affecting the child, which can include school, health care and religious training

Joint physical custody refers to the time spent with each parent.

If the parents cannot agree on custody of their child, the courts decide custody based on “the best interests of the child.” Determining the child’s best interests involves many factors.

Generally, spouses are free to divide their property as they see fit in what is called a “marital settlement agreement,” which is a contract between the husband and the wife that divides property and debts and resolves other issues of the divorce. Although many divorces begin with a high level of acrimony, a substantial majority are settled without the need for a judge to decide property or other issues. However, if the division of property cannot be settled, then the court must make the determination. As a starting point, many states allow both parties to keep their “nonmarital” or “separate” property.

It is a good idea to consult with a lawyer about divorce. We will protect your rights, as well as the rights of your children if you have any. We can provide information regarding divorce specific to Pennsylvania.