family law

Patrick J. Boyer to Present CLE for the Delaware State Bar Association

June 14, 2019 by MacElree Harvey, Ltd.

On Friday, June 14, 2019, MacElree Harvey family law attorney, Patrick J. Boyer will participate as a panelist at the Delaware State Bar Association‘s Bench and Bar Conference. The CLE Breakout Session: “Exploring the Curiouser and Curiouser World of Family Court: A Hands-On Effective Guide to Some of the Most Difficult Adventures in Law”, will include an interactive seminar allowing attorneys and judges to have a comprehensive look at a custody matter in the Family Court. Through a mock trial presentation with emphasis on style, performance, and expectations, a panel of jurists and practitioners delve into evidentiary issues and ethical responsibilities for each step in the process.

Patrick’s presentation will focus on the admission of text messages and social media posts at trial.

Patrick J. Boyer, an attorney in the firm’s Family Law group, concentrates his practice on divorce, property division, alimony, child custody and visitation, child support, and domestic violence matters. Licensed in Delaware and Pennsylvania, Patrick works out of the firm’s Centreville, Delaware office.

To learn more about Patrick’s practice, email [email protected]lree.com or call, (302) 504-7294.

Lance Nelson to Present CLE for the Pennsylvania Bar Association

May 10, 2019 by MacElree Harvey, Ltd.

Family Law Attorney, Lance J. Nelson will be one of the faculty members for the June 11th Pennsylvania Bar Association CLE: “Equitable Distribution in Pennsylvania”.

Faculty members will discuss the complex fact patterns which arise in numerous cases, the difficulty of how to present the facts positively or how to defend the facts vigorously. Participants will learn from experienced triers of fact, what factors and other considerations they find most persuasive.

When: Tuesday, June 11, from 9 am to 12:15 pm; check-in begins at 8:30 am

Where: Philadelphia & Live Webcast
The CLE Conference Center, Wanamaker Building 10th Floor, Ste. 1010

Click here for more information.

Lance J. Nelson, chair of the Firm’s family law practice, has over 25 years of experience representing clients in family law matters such as divorce, marital agreements, adoption, custody, and support.

No PreNup? No Worries!

March 26, 2019 by Ashley B. Stitzer, Esq.

By Ashley B. Stitzer, Esquire-

Postnups are another option

Were you considering a prenuptial agreement but were too busy finding the perfect dress, ordering the food and flowers, and planning your perfect day to find the time? No worries! A postnuptial agreement is an option for those who didn’t have time to do a prenup before the wedding or who decided against that kind of agreement but have had a change in circumstances.

Similar to a prenuptial agreement, a postnuptial agreement is a contract between spouses that addresses financial and other issues, such as property, liabilities, and support. The primary difference is that a postnup is signed any time during the marriage—whether a month or even years after the wedding.

Here are some issues to consider to determine if a postnuptial agreement is right for you.

Changed Circumstances

Your wedding is a time full of excitement and expectations for your lives together. At that happy time, it’s difficult to predict the future and the unforeseen circumstances that will inevitably occur during your marriage. That’s why a postnuptial agreement may be a preferable option.

For example, both spouses may have considered a prenup unnecessary because they had little in the way of assets at the time of the wedding. But if one or both later acquire substantial assets during the marriage, these changed circumstances may make a postnup worth discussing.

The recent divorce announcement by Jeff and MacKenzie Bezos highlights the importance of considering a postnup when significant assets are acquired during the marriage.

A postnuptial agreement can clarify how assets obtained during the marriage—such as a new house or a business—will be managed upon divorce or death of a spouse.

And it can address support and alimony if there’s a career change or decision that one spouse will stop working to raise children. This type of agreement can be helpful to allay concerns about the impact on a spouse of reduced income, disruption to a career path, or lack of individual retirement savings.

Preserving Assets

Postnuptial agreements can also be used to address property rights and preserve assets. Most people are aware that an asset owned by a spouse before the wedding is non-marital property if it remains individually titled to that spouse.

However, marital property includes the increase in value during the marriage of non-marital property—such as any appreciation in value of a house or business owned before the marriage or of a separate inheritance.

A spouse may want to contribute non-marital assets toward the purchase of a home or other benefit for the family, but ensure that the asset itself remains that spouse’s separate property upon divorce or death.

In addition, many spouses bring assets to a second marriage and want to ensure that those assets are preserved for that spouse’s children from the prior marriage.

Minimizing Marital Stress

A postnuptial agreement allows spouses to control on their own terms how their assets will be divided and the extent of support obligations. Proactively deciding financial matters such as assets, liabilities, and support provides peace of mind and certainty during the marriage.

Determining property division and support during the marriage may also reduce the emotional stress and cost of litigation in the event of divorce or death of a spouse.

For example, Matt Lauer and Annette Roque reportedly entered into a postnuptial agreement that has been credited with their ability to proceed relatively quickly in obtaining a divorce and to avoid protracted litigation rising from nasty circumstances.

Each marriage is unique and a postnuptial agreement can be a valuable tool for spouses when planning their financial future. If you’re considering this option, meeting with a family law attorney will help you understand the law and the options available to address the issues specific to your marriage and family.

The opinions expressed in this article are for general information purposes only and are not intended to provide specific legal advice or recommendations.

Ashley B. Stitzer is a family law attorney representing men and women in all aspects of family law matters, including divorce, alimony/spousal support, equitable distribution, and property division, marital agreements, child support, and child custody. From custody disputes and support issues to complex divorce and property division, Ashley takes a direct, personal approach to resolve each client’s family law concerns and prides herself on being thorough, passionate and laser-focused on her clients’ needs.

This article is republished with permission from the April 2019 issue of the County Lines Magazine© 2019 ValleyDel Publications. All rights reserved. Further reproduction without permission is prohibited.

Does the elimination of the alimony deduction affect my Pennsylvania support payments?

January 15, 2019 by Lance J. Nelson, Esq.

By Lance J. Nelson, Esquire-

The short answer to your question is Yes.

The Pennsylvania support guidelines that were issued in the 1980s assumed that all spousal support payments were deductible by the Payor and includable as income by the Recipient. To address the Tax Reform Act that was passed by Congress in December of 2017 (eliminating the alimony deduction among other things), the Pennsylvania Supreme Court adopted a new methodology and guidelines for calculating spousal support beginning January 1, 2019.

There are two major changes under the new Support guidelines. First, the order of calculating support has been reversed. Second, the percentage available for spousal support has decreased.

Under the old guidelines, child support between the parties was calculated first followed by the spousal support calculation. In contrast, under the 2019 guidelines, the Court will calculate any spousal support obligations between the parties prior to calculating the parties’ respective shares of child support. Incidentally, Pennsylvania was the only state that did not calculate spousal support first.

The second major change is the percentages of net income available for spousal support. Under the old guidelines, the percentages were 40% without children and 30% with children. Under the 2019 guidelines, there are actually different percentages for the Payor and the Recipient. For the Payor, the percentages are 33% without children and 25% with children. For the Recipient, the Court will use 40% of their net income without children and 30% of their net income with children.

I know, the guidelines were complicated enough, and now this. Here is an example to try and help explain how this new process would work.

Step 1: Payor’s Net Income $10,000.00 per month
Percentage available for Spousal Support

Without children 33% x 10,000.00 = $3,300.00
With children 25% x 10,000.00 = $2,500.00

Step 2: Recipient’s Net Income $3,000.00 per month
Percentage available for Spousal Support

Without children 40% x 3,000.00 = $1,200.00
With children 30% x 3,000.00 = $900.00

Step 3: Initial Spousal Support Calculation

With children = $3,300.00 – $1,200.00 = $2,100.00 per month
With children = $2,500.00 – $900.00 = $1,500.00 per month

As this illustration demonstrates, the Spousal support figures under the new guidelines are going to be lower then the pre-2019 guideline. However, this spousal support will not be deductible by the Payor nor includable as income for the Recipient.

After the spousal support is calculated under the new 2019 guidelines, the Court will then proceed to calculate child support. The child support calculations are pretty similar under the 2019 guidelines. However, the overall child support orders under the 2019 guideline will go down due to the way the income shares are being calculated with spousal support.

The lessons to take away are:

Spousal support orders under the 2019 guidelines will be lower,
Spousal support is no longer deductible or includable as income, and
The new spousal support calculations will affect child support calculations.

Like the families we serve, matters of family law come in all shapes and sizes—and our Pennsylvania and Delaware Family Law attorneys are equipped to manage and resolve a variety of legal issues. Our attorneys cover all aspects of family law, from drafting prenuptial agreements before parties marry to negotiating divorce settlements when a marriage ends, as well as helping parents resolve child custody disputes. Learn more about our family law practice.

Lance Nelson, chair of MacElree Harvey’s family law practice, has over 25 years of experience representing clients in family law matters such as divorce, marital agreements, adoption, custody, and support.

If you have any questions about your support obligations or your support Order, please contact the Family Law Attorneys at Macelree Harvey, Ltd. by calling (610) 436-0100 or email [email protected] to arrange a meeting with a member of our family law team.

What Documents Do I Need for My Divorce?

October 5, 2018 by Patrick Boyer, Esq. Leave a Comment

By Patrick J. Boyer, Esquire–

Clients often ask, what documents do I need for my divorce? Divorce not only involves the dissolution of marital status but can affect nearly every aspect of your finances. As such, having the proper documentation is essential. To initiate a divorce action in Delaware, you will need either an original or certified copy of your marriage certificate. Once the divorce is granted, you will likely be required to fill out the “Ancillary Financial Disclosure Form” Delaware Court Form 465. As you can see, the Ancillary Financial Disclosure Form covers almost every aspect of one’s finances and provides the basis for most documentation needed. You should be prepared to provide documentation to support each entry on the Ancillary Financial Disclosure Form.

Below is a list of the most common documents utilized in Divorce matters:

• Individual and Business tax returns
• Paystubs
• Bank/Investment statements
• Credit card statements
• Mortgage statements
• Retirement account statements
• Social Security Report
• Real estate settlement sheets
• Titles for vehicles, boats, campers etc.…
• Loan statements
• Copies of insurance policies

An experienced attorney will guide you through the process to make sure that you have all of the documents needed as the process moves forward but it helps to have the most basic documentation readily available at your first meeting with your attorney if possible.

Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence.

In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.

If you have a family law matter or are considering divorce, contact Patrick J. Boyer at (302) 654-7294 or [email protected].

Happy July 4, 2018 for Grandparents in Pennsylvania

July 3, 2018 by Lance J. Nelson, Esq.

July 4, 2018_dreamstime_creativecommonsstockphotos_82984927

A significant change in the custody law is set to take place on July 4, 2018. The new statute affects the ability of grandparents and great-grandparents of the third parties to seek child custody rights in Court.

The new law is intended to address a 2016 Supreme Court case that held a portion of the old Grandparents Custody Act unconstitutional and limited grandparent’s custody rights. Under the Supreme Court’s decision, grandparents were no longer allowed to seek custody where a divorce proceeding had not been commenced or the biological parents had not been married.

As of the Fourth of July, grandparents, and great-grandparents rights have been expanded. Now, the grandparents and great-grandparents have the ability to seek partial physical custody where their relationship with the child began with either the consent of a parent or under a Court Order. Under those circumstances, a grandparent or great-grandparent can seek custody as long as parents have commenced a custody proceeding and cannot agree on whether the grandparents or great-grandparent should have custody.

So, grandparents and great-grandparents now are able to seek custody rights in Court regardless of whether the parents have commenced a divorce proceeding or were even ever married.

As with any new law, time will tell how the Courts ultimately interpret this and whether the legislature effectively addressed the 2016 Supreme Court Decision.

If you have any questions concerning your custody rights or other family law issues, please contact a member of MacElree Harvey’s Family Law Team at (610) 436-0100 or [email protected].

Lance Nelson, chair of the Firm’s family law practice, has over 25 years of experience representing clients in family law matters such as divorce, marital agreements, adoption, custody and support, and counseling his business clients on a variety of legal issues such as contract disputes, construction issues, corporate control issues and other aspects of day-to-day business disputes.

Patrick J. Boyer to Present CLE for the Delaware State Bar Association

Lance Nelson to Present CLE for the Pennsylvania Bar Association