Family Law

FAQ

1Q: If my spouse cheats on me, will I get more assets in the divorce?
A: No. Fault is not a factor in the division of assets in Pennsylvania. However, it may affect an award of alimony.
2Q: If I quit my job, will I still have to pay child support?
A: Yes. Child support is based on income and earning capacity. Voluntarily reducing your income will not ordinarily change your earning capacity.
3Q: Am I entitled to know where my support money is going?
A: No. A parent receiving child support does not have to account for how it is spent.
4Q: Is my 401-K contribution included in my income for support purposes?
A: Yes. All income from any source is considered income for support purposes, including bonuses and overtime.
5Q: Does my spouse have to pay for the children's college education?
A: No. There is no legal obligation in Pennsylvania to pay for a child’s college education, unless it is agreed to pursuant to a contractual obligation.
6Q: Will the assets in a divorce be equally divided?
A: Not necessarily. Pennsylvania is an equitable distribution state. Assets are divided based on different factors the court looks at to determine what is fair in a particular situation.
7Q: At what age can children decide with which parent they want to live?
A: There is no set age. A judge may speak with the children and decide how much weight to give their preference.
8Q: Can I move with my children out of state if the other parent won't agree?
A: You need to file a petition for relocation in Pennsylvania and the Court then considers certain factors in deciding whether you can move with the children.