Berks County Divorce Law Blog

Figures from the Centers for Disease Control and Prevention reveal that 40 percent of children born around the country are born to parents who are not married. This figure was just 18.4 percent about a decade ago according to the public health institute. There is no legal presumption of parenthood when a child is born out of wedlock, so unmarried fathers In Pennsylvania must first establish paternity if they wish to pursue custody or visitation.

Establishing paternity is not necessary if the father's name appears on the child's birth certificate. When this is not the case, unmarried fathers can declare that they are the child's father by filing Voluntary Acknowledgement of Paternity Forms. In Pennsylvania, fathers can sign an Acknowledgement of Paternity form at the hospital where their child is born or obtain one from a County Assistance Office or Domestic Relations Section. There is no cost involved. When mothers refuse to sign these forms, genetic testing may be required to establish paternity.

While inheritances are often considered separate property when Pennsylvania couples go through a divorce, inherited IRAs are playing a growing role in property division. Individual retirement accounts and other types of retirement funds are often some of the most significant assets held by a couple. Even when the couple has significant wealth, these accounts are often some of the largest, and their division requires a specific court order in order to protect their tax-favored status.

However, though regular IRAs have been a major part of property division settlements over the years, inherited IRAs are increasingly playing a larger role as well. Frequently, inheritances remain separate property even in a long marriage, especially so long as they are not combined with other marital assets. Due to the restrictions in place on inherited IRAs, it is much more difficult to commingle them with other property. Therefore, in many cases they are considered to be outside the direct reach of a property division settlement. However, people with inherited IRAs may frequently wish to use these assets to account for other parts of the property settlement.

In some divorces in Pennsylvania and throughout the country, a certain dynamic plays out. The husband is basically satisfied with the marriage while his wife wants changes. She tries for years to discuss this with him, but nothing changes. Eventually, she files for divorce. The man is furious that what has been a comfortable arrangement for him has come to an end. Often, that anger centers on the need to pay child support.

Some parents who are required to pay child support are so angry about the end of their marriages that they lose sight of the fact that the child support is about their children and not their ex-spouses. While paying support can be a struggle for some people, the amount is supposed to be calculated based on income. If that income changes, it is possible to get a modification of support.

Separated parents in Pennsylvania should understand how important it is to work with their exes when they develop parenting schedules for their children. A well-developed parenting schedule should divide the responsibilities that come with child custody. In addition, it reflects well on the parents if their children are able to see them working together in a positive manner.

One tip for creating a parenting schedule is to consider the arrangements from the children's point of view. It can be difficult being shuttled between two residences and having to get used to not residing with both parents. That's why decisions about the parenting schedule should always follow the careful consideration of what it will be like for the kids.