Pennsylvania Family Law Changes 2018
Pennsylvania family law changes in 2018 significantly impacted the rights of persons divorcing or adopting, and their children. Looking backward over this past year, here are a few statewide and federal legal changes that will affect divorce law, support calculations, custody, alimony and guardianship.
Collaborative Law Act. I always feel that sitting at a table and talking to each other is the more humane thing to do. It also saves both parties time and money – sometimes significant time and money. This is why I personally feel that the most significant overall change in Pennsylvania family law this year was the passing of the Collaborative Act, signed into law by Governor Wolf on June 28, 2018.
Collaborative Law is a relatively new process whereby both parties and their lawyers sign a contract agreeing to stay out of court and at the negotiating table. The Law clarifies what a collaborative contract should contain and defines the practice and disclosure principles. It makes the process part of civil law practice in Pennsylvania. Collaborative law can be used in any legal dispute, not just divorce, though it was created to humanize divorce.
High Income support calculations post Hanrahan. According to the Pennsylvania Supreme Court ruling in Hanrahan v. Bakker in June 2018, high income parents now have a right to downward deviation of state child support calculations that are based solely on percentage of income. This means high earning parents can request and expect a reasonable needs analysis of their children’s financial needs, not just a straight percentage of net income calculation.
The Hanrahan ruling also stated that creating a trust for your children is not part of the child support calculation. “At best, it is a laudable act which would be denigrated by a downward deviation,” wrote Justice Baer of the idea that parent, in creating a trust, should then be responsible for less child support, “and, at worst a nefarious manipulation of income for which a downward deviation would result in a troubling, if not unjust, award.”
Greater grandparent access to custody. Pennsylvania Senate Bill 844 (now Act 21) amending Title 23 of Domestic Relations Consolidated Statutes went into effect in early July, 2018, making it significantly easier for grandparents, great grandparents and third parties to sue for custody of children whose parents have abandoned or are unable to act as parents. Developed specifically as a response to the state (and federal) opioid abuse crisis, the hope is that this change will stabilize the lives of minor children with one or two addicted parents.
Guardianship law changes. In June 2018, the Pennsylvania Supreme Court adopted new Orphans’ Court rules 14.1 through 14.14, imposing more safeguards against guardian abuse of their wards and allowing for close friends and family to speak up on behalf of the incapacitated if they sense something is wrong. While most of these changes deal with the intricacies of legal procedures surrounding the legal declaration of incapacity and assignment of a guardian, the purpose is to make guardians more accountable and broaden the field of who may raise disqualifying objections to the appointment. Sadly, it is a nationwide trend that reports of elder abuse and abuse of incapacitated persons, regardless of age, has increased exponentially over the past few years. This is Pennsylvania’s first stab at prevention and reduction of such abuse.
Reintroduction of parent coordinator in custody cases. The use of a parent coordinator in high conflict cases over low priority issues was eliminated by state law in 2013. In September 2018, with an effective date of March 1, 2019, legislation reintroducing the parent coordinator into custody cases was passed. Updated Rule 1915.11-1 states: “The parent coordinator shall attempt to resolve issues arising out of the custody order by facilitating an agreement between the parties and, if unable to reach an agreement, recommend a resolution to the court.” While several new safeguards have been added to avoid the issues that led to the coordinator’s removal from law in 2013, this reincarnation helps keep high conflict cases over relatively small issues from graduating to court hearings unless absolutely unresolvable by conferences and the coordinator assigned to the case.
No more Alimony Deductions. This is not a state law, but a reminder that the 2017 Tax Act passed by Congress included a clause that payors of alimony can no longer deduct alimony payments on their taxes, effective January 1, 2019. Receivers of alimony need no longer claim alimony as income as of January 1, 2019. The ins and outs of tax implications of alimony payments I discuss in greater detail in an earlier blog.
As Pennsylvania family law continues to change to keep current with societal needs, I strive to keep you in the know about your rights. If you wish to discuss your divorce, custody or adoption rights, please call my office at 215-345-5259 to schedule a free first consult today.
Until then, my staff and I wish you a safe New Year’s Holiday.
-Elissa C. Goldberg, Esquire
Law Office of Elissa C. Goldberg
107 North Broad Street, Suite 211
Doylestown, PA 18901