Summertime Co-parenting Tips

by Elizabeth Billies

Summer is almost here; can you believe it? What should be a fun, carefree time for kids can be sad, stressful and full of anxiety for divorced or separated couples and their children. Navigating the summertime as a divorced couple can present unique challenges, especially when co-parenting with an ex and managing various schedules of separate households. But do not fear! Here are five tips to help you sail smoothly into this summer season:

1. Plan ahead and prepare to be flexible. If you have a custody order or written agreement, use it to work with your co-parent to create a summer schedule that reflects your regular schedule during these summer months. After you have mapped that out, discuss and agree on dates, times, and any potential modifications well ahead of time to avoid conflicts and confusion. Recognize that summer schedules need to be more fluid due to vacations, family events, or other commitments. Be willing to adjust the schedule to accommodate each other's requests within reason. Think ahead when deciding to say yes or no to a change. Remember, saying no to something your co-parent wants may result in them denying your special request at some point. Flexibility and cooperation go a long way in reducing conflicts and promoting a healthy co-parenting dynamic.

2. Prioritize the children's well-being and communicate effectively. Open and effective communication between divorced parents is important all year long, but it's crucial during the summer. Keeping each other informed about any changes in plans, travel arrangements, or activities is vital. An easy way to do this is to use a shared calendar or a co-parenting app such as Our Family Wizard, AppClose or Talking Parents. These communication methods help ensure that you and your co-parent are on the same page and provide a record in case of a disagreement or miscommunication. Focus on what is best for the children and prioritize their needs. Consider their preferences and interests when planning activities, camps, or vacations and/or saying no to something your co-parent requests. Doing this will ensure that you create positive experiences and memories for them during their summer break.

3. Collaboration and consistency are essential. Collaborate on sharing the responsibilities and expenses associated with summer activities. Discuss how costs for summer camps or extracurricular activities will be divided if this is not contemplated in your child support order. Maintaining fairness and transparency can help avoid disagreements. And while summer often brings a more relaxed schedule, try to keep some consistency in the children's routines. Consistent bedtimes, mealtimes, and household rules can provide children with stability and a sense of security.

4. Be supportive, and remember to take care of yourself too. Encourage the children to spend quality time with both parents. Support their relationship with the other parent and avoid making negative comments or using the children as messengers between households. Healthy co-parenting also means taking care of yourself. Self-care is vital for both parents during the summer. Make time for relaxation, pursue personal interests, and recharge yourself. Taking care of your own well-being will allow you to be more present and attentive to your children's needs.

5. Seek professional help if needed. If co-parenting conflicts become overwhelming or you need assistance navigating the summer as divorced parents, consider seeking the guidance of a family law attorney, mediator or therapist. These child custody experts can help facilitate communication and provide strategies for effective co-parenting.

Remember, the ultimate goal is to create a positive and nurturing environment for your children, even in the midst of a divorce. By following these tips and prioritizing the well-being of your children, you can make the summer season a rewarding and enjoyable time for everyone involved.

If you have co-parenting or family law questions, don't hesitate to reach out to a member of our family law team or contact the office directly at 215.362.2474.

Establishing a Business Entity

By Eric Wert

If you are considering starting a new business, you may be unsure about whether it is worth the effort to take the formal step to create a separate business entity.  Maybe you work as an independent contractor or consultant, or maybe you do part-time freelance work as a side-hustle and want to make sure that you protect yourself.  Even if you are convinced that you should have a separate entity, what type of entity you should choose – a Limited Liability Company or a corporation?

Whatever your situation, deciding to set up a formal business entity may not just be a good idea; it may be the best business decision you ever make.

When you incorporate a business, you are setting it up to operate as a separate entity with legal rights and protections recognized by the state. While businesses aren't legally required to set up a business entity, doing so may have numerous benefits.

Benefit #1 — Liability Protection

Generally, individuals choose to incorporate to limit their personal liability. Even if you're the only employee, incorporation creates a legal wall between your personal and business assets.

When you are operating as a sole proprietorship or partnership, there is no legal separation between the business and the owner.  In those situations, the owners are the business and they are personally responsible for signing any contracts, taking out any loans, and defending any lawsuits. By setting up a separate business entity and managing it properly, your legal exposure may be limited to just your investment into the business itself.

Benefit #2 — Tax Benefit

It is possible you will achieve greater tax benefits and savings by incorporating, although it isn't a guarantee.  In some cases, corporate tax rates are lower than individual tax rates.  In addition, entities often qualify for additional tax benefits and deductions that are not available to individuals.

Benefit #3 — Reputation

Having an incorporated business may add to your credibility. Incorporating or forming an LLC makes it clear to your clients that any work you do for them is being done as a business and is being done professionally. 

Benefit #4 — Funding

Acquiring loans or seeking out investors as a sole proprietor can be a significant challenge. While you may be able to get a loan, it will be a personal loan, not a business one, and it will be your personal credit on the line.

In addition, business entities have more options to provide security to protect investors’ funds than a sole proprietor.  Venture capitalists and other investors often prefer to work with corporations which have the ability to issue various classes of stock to allow them to secure their investment.

Benefit #5 -- Privacy

When you incorporate or form an LLC, you’re creating the ability to have a layer of privacy between the public and your personal life.  You can take action to set up that entity so that it is only the business’s information that is made public rather than your personal information.

Do I choose to create a corporation or an LLC?

Traditionally, entrepreneurs who wanted to avail themselves of the protection of a separate business entity only had one option - a corporation.  Over recent decades, however, states have passed laws to allow businesses to form as Limited Liability Companies (LLCs) instead.

An LLC is a hybrid type of business entity that combines the best parts of corporate protection with the ability to maintain the tax efficiency of a sole proprietorship or partnership.  It is often the best choice for small businesses.  This choice ultimately comes down to many factors specific to your situation.

Do I need an attorney to help formalize my business entity?

While you can set up an LLC or incorporate on your own, the complexity of certain business entities may require the assistance of an attorney.  When you make a decision to incorporate, you can do it yourself without hiring an attorney. But that isn't always the ideal decision. 

As a business owner, deciding which corporate structure fits your needs is important. You can choose to create an LLC as discussed above, or there may be a reason a corporation is best.  In addition, there are different types of corporations (S Corporations vs. traditional C Corporations) that each have benefits depending on your situation.

An attorney can guide you through the process to make the right choice for you.  In addition, the attorney will teach you the ins and outs of how your company will need to operate once incorporated and file the necessary documents. Most importantly, working with a lawyer will ensure that the incorporation documents properly shield you from liability for your business's debts.

Think long-term to set your business up for success.

While incorporating or forming an LLC may not seem to be a big priority when your business is just getting started, it may save you if the business ever gets into trouble. There are costs associated with setting up your business entity, and the tax benefits only apply to some situations, but it is vital that you explore your choices to make the best decision for your business. Be sure to talk to an attorney to review what makes sense for your business.

If you have questions or need assistance with your business, Dischell Bartle Dooley can help. Call us at 215.362.2474.

Surviving the Holidays as a Divorced Parent

By Elizabeth Billies

The holiday season is officially here. How do you celebrate? Do you fight over the wishbone on Thanksgiving? Do you cook tasty potato latkes for Hanukkah or make cookies for Christmas? Are you worried that those holiday traditions will change because you and your co-parent are getting divorced?

Divorce is a time of change and transition. If you are going through the process, you are living it. It is not only a time of upheaval for you but also for your kids. What is something that is consistent? Holidays! Like them or not, they come every year. And at the same time too!

The desire for normalcy is one reason why parents fight so hard for extra time with their children during holidays and other special occasions. People want to keep whatever part of their pre-divorce life that was good. For some, that is the memories they have made with their children during the holidays.

However, there are ways to survive the holidays as a divorced or separated parent, and no, I’m not talking about how to avoid the dreaded candied yams or fruitcake.

Here are my 5 tips for making it through the holidays as a divorced parent:

1. DON’T MAKE THE HOLIDAYS ABOUT YOURSELF.

Frankly, the holidays are about your kids. Not you. Make sure when you are making plans or, more importantly, denying the plans of the other parent that you keep this in mind.

While it is important that you get to spend time with your children during the holidays, try to arrange it so the children get to participate in an activity that they will enjoy, such as watching the Thanksgiving Day Parade with their grandparents over breakfast, while still seeing you for the afternoon. 

Don’t get blinded by your hatred for the other parent and hurt your children in the process. That is not a lasting memory you want them to have.

2. KEEP THE TRADITIONS OF YOUR PRE-DIVORCE HOLIDAYS ALIVE.

Frankly, I don’t think parties consider family traditions enough when preparing custody arrangements for holidays. It’s almost as if the separation has caused amnesia, and mom can’t remember that the children have spent every Easter hunting for eggs in father’s aunt’s backyard. So while it is important for the children to see both parents on major holidays, it is also important for those children to continue to experience family holiday traditions.

Remember, the children did not ask for this divorce, nor didn’t ask for their whole world to change. Why should they suffer because their parents don’t want to be together anymore? Instead, wouldn’t it be better to keep some parts of their lives as consistent as possible, especially when so many parts are in transition?

Therefore, any custody agreement should take these traditions into account. For example, maybe dad can have the children every Easter for the egg-hunting extravaganza, but mom could take them out to breakfast beforehand. That could be a win-win. And who doesn’t like winning?

3. BE WILLING TO START NEW TRADITIONS FOR YOUR POST-DIVORCE HOLIDAYS.

While you and your co-parent need to keep some consistency in your children’s lives after separation, you must also recognize that this is not 100% possible. You and the other parent live in separate homes, perhaps with step-parents and step-siblings. As much as you try, there is no way to make life the same post-divorce as it was pre-divorce.

And you know what? That’s okay. Kids are pretty resilient. So while it is beneficial for them to keep some traditions of pre-divorce holidays alive, it is okay to start new ones. Intact families do that all the time too!

When preparing a custody arrangement, think about what holiday traditions matter to your kids and you the most. For example, is having Pork and Sauerkraut on New Year’s Day at Grandma’s house the highlight of the year for your co-parent’s family? Is your family wild about an Easter Sunday egg hunt? If so, make sure that your custody agreement accommodates these holiday traditions.

Then, when it is your time to see the kids on your part of the holiday, you can make a new tradition. For example, maybe accommodating your co-parent’s Thanksgiving custodial time results in you not seeing your kids until Friday. Why not have dinner, then? Or perhaps you can start a Black Friday tradition of shopping and brunch?

While it is important to preserve family holiday traditions, you can’t be married to the past when you are, you know, no longer married. This way, the children see both parents and experience something memorable with both of them—something old, something new.

4. BE FLEXIBLE AND COMMUNICATE WITH YOUR CO-PARENT ABOUT THE HOLIDAYS.

No, I’m not talking about taking up yoga (although that might not be a bad idea!). The holiday season can be a time of fun, but it also can be a time of stress. Chances are, you are dealing with other family members’ schedules, school parties, and other non-routine obligations. Oh, Aunt Sue is serving Thanksgiving dinner at 4:00 p.m. instead of noon this year? The school party gets moved to Tuesday? Sound familiar?

These changes mean that your custody schedule may need some tweaking. Unfortunately, your custody agreement cannot address all these changes. It just can’t. Therefore, you and your co-parent must talk to one another and be flexible.

However, one of the most often cited reasons for divorce is communication problems. Therefore, it is likely that you and the other parent have a hard time speaking to one another in a productive manner. Does this apply to you? While you may wish to never talk to him/her again, that is not possible if you have children.

So how can you best communicate with your co-parent about these changes?

While texting is quick and easy, I find it leads to many unnecessarily acrimonious communication. It’s so easy to send off an angry text to your co-parent when they are late or haven’t packed your kid’s soccer gear. If you had to use a method of communication that took more thought, would you still send that text? Probably not.

Therefore, if you and your co-parent have difficulty communicating effectively, I highly suggest you look into using co-parenting software to help facilitate communication. This is particularly helpful if your co-parent’s mode of response is, well, no response at all. These programs also make you think about what you are saying to your co-parent because they require a few more steps than a text.

There are a few co-parenting apps on the market. However, I recommend the Talking Parents App and Our Family Wizard (OFW). Check them both out and see what works best for you. OFW does a few things. It allows parties to email, exchange documents, and share a calendar through a secure site that requires a login. It will even review your emails before you send them to highlight foul or aggressive language. Gmail doesn’t do that, does it?

Regardless of which method of communication works for you, use it. However, don’t use your children as messengers. It is unfair to your kid to be treated like the postal service. It only causes anxiety for them. Instead, agree upon the best way to communicate directly with the other parent and use it when schedule changes during the holidays arise.

5. RECOGNIZE THAT YOUR CHILDREN WILL SPEND PART OF THE HOLIDAYS AWAY FROM YOU AND BE OKAY WITH IT.

The cold hard fact of a divorce or separation is that you will not be able to be with your children 100% of the time. And because cutting your children in half is illegal, this fact is not going to change. This is particularly hard for parents to accept when it comes to holidays. Some of my clients can’t fathom not waking up with the children on Christmas morning or only seeing them in their costumes every other Halloween. However, this is a reality of divorce and separation. And it would be best if you learned how to be okay with that.

Some examples of how to deal with your emotions during the holidays

• Share updates and pictures from the holidays with your co-parent;

• Maximize your time with the children surrounding the holidays. For example, have them try on their Halloween costumes for you or reenact Christmas morning on December 26th;

• Don’t sit home alone and wallow. Just because you don’t have your kids doesn’t mean that you shouldn’t go to Aunt Becky’s house for Christmas dinner yourself;

• Practice some self-care. You can’t pour from an empty cup, and

• Think about how much fun your children are having. Remember, this is about them and not you. Knowing they are experiencing joy may make it easier for you to sacrifice holiday time with them.

I hope these tips are helpful this holiday season. If you have a question about divorce, child custody or child support, don't hesitate to contact me at 215.362.2474. Or send me an email.

When is a Release from Liability, not a Release?

By Eric Wert

It’s a situation everybody has been in – we are excited to participate in a local race, activity, or fundraiser, but when we show up to register for the event, we are told that we are required to sign a document releasing the property owner and event organizer from any liability for injuries we suffer during the event.

These types of releases are sometimes legally effective. However, Pennsylvania courts often view them with scrutiny. For example, in Degliomini v. ESM Productions, Inc. and City of Philadelphia, 253 A.3d 226 (Pa. June 22, 2021), the Pennsylvania Supreme Court decided that in one situation, this type of release was against public policy and therefore invalid.

In this case, Degliomini, the plaintiff, was participating in a Philadelphia charity bike ride when he rode into an unmarked and unbarricaded portion of public road where there was an unrepaired sinkhole. He sustained severe and extensive injuries in the accident, including severe spinal cord injuries and broken bones.

Degliomini filed suit against the City of Philadelphia, amongst other defendants, for negligence. The City sought to dismiss Degliomini’s claims arguing that it had governmental immunity under the Pennsylvania Political Subdivision Tort Claims Act and because Degliomini had signed a Liability Release before the event.

Generally, the Tort Claims Act shields municipalities (like Philadelphia or your local Township or Borough) from tort liability. However, the Act provides certain exceptions to this immunity. The Tort Claims Act provides that a municipality would be liable for damages for an injury where the municipality is negligent in creating “dangerous condition of streets owned by the local agency” when the condition created a “reasonably foreseeable risk” of the kind of injury suffered, and when “the local agency had actual notice or could reasonably be charged with notice under the circumstances.” 42 Pa.C.S.A. § 8542.

In essence, the state legislature decided that there is a well-defined public interest in maintaining and safely repairing dangerous conditions existing on government-owned streets for which the Tort Claims Act will not protect.

BUT WHAT ABOUT THE RELEASE FROM LIABILITY?

The Degliomini Court found that the maintenance and repair of streets is an “essential public function”, and both the common law and home rule charter of the City of Philadelphia imposed an affirmative, non-waivable duty on the City to perform this function.

Therefore, the Court found that the Liability Release was invalid and concluded that enforcing the release to immunize the City would jeopardize the health, safety, and welfare of the people by removing any incentive for the City to exercise minimal standards of care to maintain public streets in reasonably safe conditions.

If you have been injured or suffered damages after signing an agreement to waive or release your rights, don’t assume that the agreement is valid and carries the force of law. The law often contains provisions to protect individuals in these situations despite the agreement signed.

Please contact me at (215) 362-2474 if you have any questions. I look forward to talking with you.

2022 Changes To Pennsylvania Child Support Guidelines: What You Need To Know Now.

By Elizabeth Billies

Are you paying or receiving child support? If so, major changes may be headed to your Support Order for 2022 and beyond. Every four years, the Pennsylvania legislature assesses the child support guidelines and updates them for cost of living and other procedural changes. On January 1, 2022, Pennsylvania enacted new child support guidelines. Those new guidelines are effective January 1, 2022, and will remain in force for the foreseeable future. In this article, I will discuss the following: (1) What are the Pennsylvania child support guidelines?; (2) What changes have been made to the Pennsylvania child support guidelines for 2022?; (3) How these changes may affect your child support order?; and (4) What, if anything, do you need to do next?

What are the Pennsylvania Child Support Guidelines?

The Pennsylvania Child Support Guidelines are, in summary, a mathematical formula created by the Pennsylvania Domestic Relations Rule Committee and proposed and enacted by the Pennsylvania legislature to determine each parent’s obligation for child support in the event of a divorce or separation. In addition to determining one parent’s base child support obligation to another, the child support guidelines also address the allocation of such expenses like private school tuition, childcare, health insurance premiums, and unreimbursed medical expenses. As stated above, these guidelines are reviewed every four years to make sure that the amounts owed are commensurate with the present cost of living in Pennsylvania for intact families.

How much a parent may owe or receive in child support is based on both parents’ respective net incomes and how many children they have. In addition, who receives support and who pays support is determined by their child custody arrangement. For example, the person who has custody of the children the majority of the time (called “primary physical custody”) will receive support from the parent who has custody only part of the time (“partial physical custody”). While parties are always free to make financial arrangements that are more or less than what the guidelines would provide, the guidelines are what is followed by the Domestic Relations Offices and Pennsylvania courts if there is no such agreement. 

What are the Changes to the Pennsylvania Child Support Guidelines for 2022?

While most of the 2022 adjustments to the guidelines result in only minimal increases in the amount of support owed by one parent to another, some parties may see a larger increase depending on their respective income levels. For example, if you and your co-parent’s combined net monthly income is between $4,000 and $10,000, you may see an increase in your child support obligation/award of anywhere between 10% to 15%. Make more than $30,000 combined? You may see an increase of approximately 25%. That could be a significant addition to your child support obligation, depending on what it is at present.

In addition to changes in the amounts owed, the new guidelines also made modifications to other parts of the Pennsylvania child support rules, which may also affect you. For example, the self-support reserve section was modified entirely. In that modification, the legislature adjusted the methodology used for determining a party’s child support when their income is below $1,063 a month.  

The 2022 rules also finally clearly define “shared physical custody” as the obligor (the person paying support) as having 40% or more of overnight custodial time with the children on an annual basis. More than 40% entitles the obligor to a downward adjustment on their base support obligation to the other parent. The purpose for this adjustment is to reflect the actual circumstances that a person who has custody time of 40% or more overnights per year is likely spending more money on their children than someone who has less than 40% of the overnights. If you are a parent, you know that the more you have your children, the more food they eat and lights they leave on. This modification clearly defines that someone who has that amount of time with their children to get an adjustment to reflect that fact. While a shared custody adjustment was always available for people with equal shared physical custody, the guidelines weren’t as clear as what to do with someone who has somewhere 40% and 50% of the custodial overnights.

How Do These Changes Affect Your Child Support Order?

First and foremost, it may mean that you owe more child support or are entitled to receive more child support. However, how much really depends on where your combined income level with your co-parent falls. In short, the adjustment could be a few dollars or a few hundred dollars. For some, the increase could be a significant change to their budget, for better or for worse.

What do you need to do next?  

If you are curious as to whether you are entitled to an adjustment to your child support award or are concerned that your co-parent may ask for an increase in child support because of the changes to the guidelines, it is best to contact a family law attorney to determine what your potential award/obligation could be. You certainly do not want to waste your time, money, and effort filing anything in the court system that is only going to gain you a few dollars.  

It is important to note that the guidelines do not automatically adjust your award/obligation. Therefore, if you believe that you are entitled to an adjustment, you will need to file a petition to modify your support order with the appropriate Domestic Relations Office in your county. Upon filing that petition, you will be scheduled for a support conference, where the conference officer will employ the new guidelines to determine your adjusted child support obligation or award.  

However, before you file any petition, I recommend that you first calculate the award and see if you can resolve the modification with your co-parent. If you are able to come to an agreement, you can work with your attorney to put forth a support agreement without the need to go to court, again saving you time, money, and aggravation.

In conclusion, if you are a party to a child support order, you need to pay attention to these 2022 modifications as it could mean a change in your child support order, for better or for worse. However, before you rush into the court system to determine what that modification may be, please get in touch with a family law attorney to determine what that modification is and use that income to assess how you would like to move forward. Do you need help with a child support modification? The family law attorneys at Dischell Bartle Dooley can help you.