Types of Custody in Bucks County

There are two types of custody in Bucks County to be discussed: physical and legal.  Both types are handled through your Bucks County divorce lawyers and the Domestic Relations Office in Bucks County.  If no agreement is made,  custody hearings are held before a Bucks County judge.  Physical custody refers to which person a child under the age of 18 lives with. The living arrangement can be either part or full time.

Sole physical custody means one parent has complete full time physical custody.  Shared physical custody means both parents have the child at different times at each parent’s home.  However, there are instances where parents live in the same house where the child lives but at different times. In some situations the court can mandate  supervised physical custody whereby a children’s agency or some other responsible adult monitors the visits of a parent and child together. 

Primary and Legal Custody

Primary physical custody means one parent has the child residing with him or her the majority of the time while partial physical custody refers to the parent who has the child for less than the majority of time.  The term visitation means that a parent can only visit a child and cannot take the child from the custodial parent.    

Yes, the agreement can be declared invalid if it can be proven that a party signed the document under ignorance, coercion or false pretenses.  Make no mistake -- this is not an easy path and the bar is set high to prove the aforementioned facts.  

Spousal Support in Bucks County

Spousal support in Bucks County is a court ordered payment PRIOR to divorce if the spouses are separated in order to provide financial assistance to a spouse in need so that each party is able to pursue the divorce on an equal financial footing.   Pennsylvania law has support guidelines which must be followed to determine how much financial assistance is given. The basic calculation is as follows: the spouse providing support gives 40% of the difference between his/her net monthly income and the receiving spouse’s net monthly income if there are no minor children.

Other Issues in Spousal Support

With minor children, the differential is lessened by the amount of child support provided.  The amount resulting is then multiplied by 30%.  By law, this formula is reviewed every four years by the Supreme Court of Pennsylvania and changes can be made if deemed necessary.  Spousal support ends once a divorce complaint is filed in the court. It also terminates if the spouse receiving support commences living with an unrelated member of the opposite sex. Of course, should death occur, spousal support is terminated.

Bucks County Equitable Distribution

In a Bucks County divorce, marital property is divided on the basis of fairness, not equally between the two spouses.  Marital property consists of assets and debts of both parties.  However, there are some distinctions.  Separate property, or property/asset acquired before the marriage is generally excluded.  Property included in a prenuptial agreement or property inherited during the marriage is excluded.

Likewise, property acquired after the couple’s separation is not included in the assets.  This separate property is sometimes referred to as “non marital” property.  However, if such property purchased prior to the marriage increases in value during the marriage the difference between the value before and after may be considered as part of marital property. Also, if pre-marital funds from one spouse are used to purchase a home jointly owned by both spouses, that portion becomes marital property.   Examples of marital property are home, household items, automobile, investments , retirement accounts and businesses.  You should definitely go over with your Bucks County divorce lawyer all of you assets and determine your goals with respect to the same.  

Marital Debts in Equitable Distribution

Marital debts are also part of the equitable distribution.  Debts to be considered are those occurring from the date of marriage until the date of final separation.  Even if only one spouse signed for the debt, it is considered a marital debt. Examples of debt are: loans, mortgages, credit card debts.  

There are always a lot of issues to be covered in a Bucks County divorce, including the issues of child care and health insurance for the children.  

The law requires children to be covered by health insurance wherever possible.  If both parents have health insurance, then the non custodial parent is required to provide it. If neither parent has insurance, the court can require either one or both to obtain medical insurance at a reasonable price.  Also, the court can order the non custodial parent to pay for child care if it is needed for the custodial parent to be able to be employed or to be trained for employment.  

Bucks County Marriage Separation

In Pennsylvania and Bucks County, there is no law stating that a couple who separates must sign a legal document stating the separation. Put in other words, in Pennsylvania you are not able to obtain a court document stating a legal separation exists.

However, common sense indicates that it is always worthwhile to sign a legal civil document, prepared by a Bucks County divorce lawyer, known as a “separation agreement” stating the separation and settlement of issues like custody of children, child support, distribution of property and debt settlement. Of course, this supposes that both spouses are in agreement on various issues since both parties must voluntarily sign the separation agreement for it to be valid. An attorney can guide you in preparing this legally binding civil contract.  

Bucks County Divorce and Separation

Spouses may continue to live in the same household if they so choose and still be considered separated. There is no requirement for filing a divorce at any time.  Spouses continue to enjoy many legal rights they had in the marriage.  Among other things, this could include the right to file a joint income tax and continuation of medical insurance benefits.

As Bucks County divorce lawyers, we have discussed the general guidelines for alimony.  But, how long can alimony be ordered for?  

There is no set time to receive alimony payments.  Depending on the circumstances, the court may provide alimony for a specific period of time which can have an end date or be for lifetime.  The Bucks County court also has the ability to terminate or change the time line providing an ex spouse can demonstrate a legitimate need or change in circumstances. If the spouse receiving alimony remarries or commences living with a non related member of the opposite sex, then alimony is terminated.

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Miscellaneous Child Support Issues

As in any area of the law, child support can be complicated.  For an overview of Bucks County child support, make sure you see Child Support in Bucks County.  

Can the court mandate automatic support payments from the paycheck of the non custodial parent?

Can a support order be modified?

Pennsylvania law and the Bucks County courts allows a parent to have a support order reviewed every three years.  However, if there are changes such as an increase or decrease in net income or a change in child care costs or medical coverage, then the domestic relations office must be notified within seven days.  

Not Paying Child Support

What are the penalties for not paying child support?

If child support payments are three months in arrears the following penalties may be invoked:

Bucks County Alimony

Alimony in Bucks County divorces is an order by a court for support of a former spouse once there is a final divorce decree.  Its purpose is not to punish the person providing support but to ensure equal economic/financial  justice for both parties.  Unlike spousal support and alimony pendent lite, there are no specific guidelines/calculations used to determine the support to be paid.  Rather, in Pennsylvania the court considers a list of 17 factors and from these determines what amount is appropriate.  Therefore, every case is different.  

Other Issues with Alimony

Here is the list of factors to be considered: length of marriage, assets and debts, current and future incomes, age, physical and mental health, homemaker’s contribution to the marriage, possibility of inheritances, income benefits such as retirement, pension, and insurance,standard of living during the marriage, specific financial needs of each spouse, level of education and need of alimony to secure advanced education, property each spouse had prior to the marriage, marital misconduct during the marriage (not after the separation), effect of minor child custody expenses on custodial parent, affect of alimony on both spouses’ federal, state and local taxes, ability of spouse who would receive alimony to be self supporting, determination of how much the spouse seeking alimony contributed to the other spouse’s advanced education or training, determination of whether the spouse seeking alimony has sufficient property (either from before or during the marriage)to meet his/her specific needs. 

These are issues that everyone must confront in a Bucks County divorce.  It is vital to determine where you stand in the Bucks County divorce process and how much you may be receiving or paying.