Protect Yourself (and Your Property) with a Prenup

            If you listened to hip-hop music or pop radio in the mid-to-late 2000s, you no doubt heard Kanye West’s song “Gold Digger,” in which he hollers, “We want prenup. We want prenup!”

What exactly is a prenup?  A prenuptial agreement, sometimes called a “prenup,” is an agreement between future spouses regarding their marriage.  It may spell out how to address property and assets, as well as support obligations, in the event of the dissolution of their marriage.  When a marriage ends, the property and assets owned by both spouses, individually or jointly, comprise the marital estate.  The Court then considers a list of 11 factors in determining how to distribute the marital estate between the spouses and will also decide whether the property is non-marital.

The parties will likely engage in discovery to develop a clear understanding of what each spouse owns.  The discovery process may be lengthy, time-consuming, and costly.  When parties go through the discovery process and an equitable distribution hearing, they may risk depleting a portion of their assets on attorney and expert fees.

On top of discovery and equitable distribution, a divorcing couple is likely to encounter a claim for spousal support and/or alimony. Litigating these claims adds to the overall cost of a divorce and typically increases the level of discord between the parties.

This unnecessary financial cost and emotional toll of litigation can be avoided by entering into a prenup which specifies the assets and debts of each spouse as they enter the marriage, which assets the couple wishes to split should they divorce, and on what percentage, whether the spouses will be jointly responsible for individual debts, and any support one party may pay to the other or maybe that both spouses are waiving their right to file for support.

So, what makes a prenup valid in Pennsylvania?

 The answer is surprisingly simple, your prenup must be in writing and signed by both parties. So please take all the content discussed above, get them in writing, and ensure both parties sign. Do you need an attorney for this? The attorneys in us say yes, but it can be a DIY, depending on your situation. If you hire an attorney, the best thing you can do is hire separate counsel to negotiate the best agreement possible.

Now, sure, the thought is, but attorneys are expensive. So, just how much does a prenup cost? Well, that depends. However, expect to pay around $1,5000 per party if the assets, finances, and other factors are simple. Again, this process is situation-driven.

Prenuptial agreements are highly customizable and should be tailored to your needs.  If you’re already married, you can still protect yourself by negotiating a postnuptial agreement with your spouse, but that is a topic for another day.  The Skeen Firm offers Everyday Legal Advice and welcomes the opportunity to discuss a prenuptial or postnuptial agreement with you.

Benefiting Your Family - Flat Fee Family Law

By now, you know The Skeen Firm wants to handle your Family Law matter on our Flat Fee platform. We get it; no divorce is fun. Custody battles are tough. And equitable distribution is often a complex challenge. That is why we have a flat fee approach; predictability is our first method of promoting stability.

But from a traditional legal approach to running a firm with a family law practice, pricing through a flat fee makes no sense. Trust us, if we had a dollar for every time we’ve heard it won’t work, we would retire. But, to us, that is where the magic begins—a flat fee, regardless of the practice area, forces efficiency in how your lawyer works. The incentive is working efficiently to find a solution as quickly as possible, benefiting you, the client, the most. We consider that a win.

The quest for efficiency also forces us to implement and use systems and processes. While some will say that the law is no place to function like McDonald's, we say it exactly is. The law practice, just like operating a McDonald’s, is all about customer service. Most would agree McDonald’s isn’t gourmet, but they can’t deny that you can get the same meal in Washington, PA, as in Kalamazoo, MI. That is the definition of process and system-driven customer service. Why should the law be any different?

That is right, it shouldn’t. Customer service and experience are precisely why we focus on our processes and systems. Realizing that arriving at a solution in the most stress-free manner possible is the highest aspiration of our clients mandates a process and system-driven firm. Automating where we can—think of documents and other high-time-consuming or billable activities—allows us to focus more on client communication in a proactive way.

This communication forward approach starts at our discovery call, where we listen to your goals without offering any advice. From there, our intake process collects all the information needed to move your case forward as efficiently as possible. At your consultation, we can tell you more about what to expect and your fees and give you a strategy to achieve your goals. This is possible only if we get as much information as possible from the intake form. After we are engaged, you can expect regular updates on the progress made toward the strategy discussed in your consultation. What is the point of all of this? Alleviating as much stress as possible from a high-pressure, high-emotion environment. We built our system so we can work our system for you and let you live your life.

So while the flat fee is the headline maker, the system and process do the heavy lifting. With them, we can focus on resolving your case efficiently instead of traditional money makers for law firms, such as document drafting and reactive communications. Both only add stress to an already stressful situation. We are always here and ready to do what we do to help you in a system-driven, flat-fee, stress-reducing way.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Can I adopt my spouse’s child?

The answer here is that it depends. Conditions to adopt your spouse's child vary based on the situation. Sometimes, you must obtain consent from the child's other biological parent or guardian and the child themself. Other times, this may not be the case, and you may only need consent from one other person.

In determining whether you will adopt your spouse’s child, consider the following consent requirements and whether you can fulfill the obligations related to your situation.

You must obtain consent from the child you are adopting if the child is over the age of 12. If the child is under 12, you do not need the child's consent, but you may need another party's consent. You will most definitely need the consent of your spouse.

That is, the parent of the child you want to adopt—your current spouse—must consent to the adoption. If the child has not reached the age of 18 but still has surviving parents, you will also need their consent. For example, the person, your spouse, had the child with will need to consent to you adopting their biological child.

Some instances may require consent from more than one person. If your spouse's child has a surviving parent and is under 12, then you will need consent from your spouse, the spouse's biological parent, and the child.

In any event, if the other biological parent of the child who is not your spouse (i.e., the child's other parent) has successfully terminated their rights as a parent to that child, then you do not need that parent's consent as they no longer have any legal rights relating to the child.

But what constitutes consent? In instances where the child is under the age of 18, consent forms require the parent’s name, age, marital status, relationship of the consenter to the child, and the name of the child's other parent.

In all instances, regardless of age, consent requires the date, place of execution, name, addresses, and signature of at least two witnesses and each witness’s relationship to the consenter. The signed consent papers must also be notarized. 

In other words, you may be able to adopt your spouse's child, depending on the circumstance. There will always be consent required of at least one other party, whether it be the child, the child's other parents, or your spouse. You may begin the adoption process once you have obtained consent from the required party or parties.

What happens if I don’t pay my alimony?

If you owe alimony to your former spouse and fail to pay, you will still have to make that payment in the near future. If you fail to make the alimony payment on time, then you are considered to be in arrears and/or in contempt. This means you are behind on paying the amount of alimony owed. This balance will not automatically disappear. Instead, you will be obligated to make any missed and current payments until you are all caught up on payments.

If you continue to miss making alimony payments to your former spouse, you could be subject to additional consequences, some more serious than others. Courts are legally allowed to do a few things that you will dislike. This includes authorizing any goods and chattels to be seized and taken from your possession.

The court can take and seize any collection of rent or profits from real estate property you own. Additionally, they can require security to ensure that future payments will be made. The court may also award interest to your spouse on any unmade payments or hold you in contempt of court for failure to willfully make an alimony payment. The court will first require that you be brought before the court, and they will conduct a hearing.

You are technically violating a court order if you are not making alimony payments. Failure to comply with a court order may lead to being found to be in contempt of court. If you can afford to pay and don’t just because you do not want to pay it, you could be held in contempt. If you are found to be in willful contempt of court, you may be sentenced to imprisonment until you provide the alimony payment.  Some jail sentences can be up to six months, but imprisonment is unlikely.

If your former spouse has to seek assistance from the court to force you to make your alimony payments, the court may also award counsel fees and costs to be paid to your former spouse. In this case, you will be responsible for paying any missed payments of alimony, the current payment for alimony, and your former spouse's attorney.

You may be able to modify the court order for alimony payments if a major life change has affected your ability to pay.  If this is the case, seek relief from the court immediately because once the payment becomes due, you will owe your former spouse that payment. 

The repercussions for failure to make an alimony payment are not pretty. The longer you wait to make a payment, the more at risk you become of losing more than just money out of your pocket.

Which Spouse Pays Alimony?

Pennsylvania courts do not pre-determine which spouse will be subject to paying alimony to the other spouse. Similar to their method of choosing how much a spouse will pay in alimony, the courts examine the same 17 factors to determine which spouse will need to pay.

These factors are evaluated:

1. Earnings or earning capacities, meaning all income from each party, individually.

2. Age plus physical, mental, and emotional conditions of the parties;

3. Sources of income, including health benefits, retirement accounts, insurance, and any other benefits;

4. Expectancies and inheritances of either party, meaning how much they expect to inherit from any family members;

5. Duration of the marriage;

6. The contribution of one party to the education, training, or increased earning power of the other party; think amounts paid in tuition for schooling or training which is required to secure a job of a certain pay grade;

7. The extent of the financial obligations to be affected by either party in terms of costs related to child custody;

8. Standard of living established during the marriage;

9. Education level of both parties;

10. Assets and liabilities of the parties, more simply the value of property/accounts or debts each party is taking when leaving the marriage;

11. Property brought into the marriage by either party;

12. Contribution of a spouse as a homemaker;

13. The relative needs of the parties;

14. Any marital misconduct of either party;

15. Federal, state, and local tax implications;

16. Whether the spouse seeking alimony has property to provide for their own sufficient needs and 

17. Whether the spouse seeking alimony is capable of self-support in terms of employment.

Typically, the courts require one spouse to pay alimony to the other spouse after a divorce to support the spouse who may be unable to support themselves or any of the spouse’s children after the divorce. The courts weigh these 17 factors in determining whether a spouse is substantially burdened by the divorce and needs financial help to continue with life.

So there is no formula to determine which spouse must pay alimony. Each situation will vary, and the determination is entirely at the court’s discretion. In preparing for a ruling on who will pay alimony, it would be good to collect the relevant documents that the court may need to rule in your favor based on the above factors.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

How Much Alimony Can I Expect to Pay?

There is no clear-cut rule on how much alimony you will owe your spouse or how much your spouse may owe you. Instead, Pennsylvania courts weigh many factors to determine the amount of alimony due.

Let’s debrief the concept of alimony. What is it? The concept of alimony requires that one spouse make payments to their former spouse following their divorce under a court order. Courts will decide whether alimony is necessary and award it as it considers reasonable.  Alimony is awarded only when the court cannot meet the needs of both spouses by distributing the marital estate.  But how much can the spouse have to pay if the court does decide that alimony is necessary and reasonable?

The courts of Pennsylvania weigh 17 factors in determining the amount and duration of payments. The first is the relative earnings or earning capacities of both spouses. “Earning capacity” is a key phrase here, as courts may look at your college degree or degrees and your work history to determine that your earning capacity is more than you currently make.

If this is the case, your alimony payment may be calculated on a number higher than your current salary. Some words of wisdom: quitting your current, well-paying job will not help you avoid paying alimony. In fact, getting another job that pays less won’t guarantee a lesser alimony payment, so don’t make rash decisions about your job.   The court will still require you to pay according to the amount you can earn, whether you are earning that amount or not.

Courts may also consider the age, physical, mental, and emotional condition of each party, the duration of the marriage, the source of each party’s income, the standard of living established throughout the marriage, the expected inheritances of the parties, and many other factors.

The ultimate answer to how much you may be required to pay to your former spouse in alimony is that it depends. There is no universal formula to calculate your payments. Instead, the fate of your alimony order is in the hands of the judge.

Each situation is different, and the court rules differently in each case. Before you head in front of the judge, these factors are something to consider. Just remember, if your circumstances dictate an alimony award, it is not something you can escape, so don’t try to avoid it with any rash decisions.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

The Simplified Path to Family Law Success with Flat Fees

We have reached the closing part of our Flat Fee Family Law Blog Series, where we have delved into the many advantages of flat fee structures in family law cases. In this concluding part, we will recap the major points and the significance of flat fees in simplifying your family law journey.

The Power of Flat Fees: A Recap:

Throughout this series, we have explored the benefits of flat fee structures:

                          Predictable Costs: Flat fees predict cost, allowing you to budget effectively.

                          No Fear of the Clock: Say goodbye to the pressure of hourly billing, as flat fees end the need to watch the clock during interactions with your attorney.

                          Efficient Resolution: Flat fees motivate attorneys to work efficiently, ensuring your case is resolved promptly and cost-effectively.

                          Reduced Stress: The peace of mind that comes with knowing your legal expenses upfront reduces the emotional burden of family law matters.

                          No Surprises: With flat fees, there are no unpleasant billing surprises at the end of your case.

                          Encouraging Collaboration: Flat fees align the interests of both you and your attorney, fostering collaboration, open communication, and innovative problem-solving.

         Better for Complex Cases: Flat fee structures are particularly beneficial for complex family law cases, providing cost predictability and encouraging comprehensive legal representation, both of which add maximum value to you, the client.

The Path Forward with Flat Fees:

As we conclude this series, it is essential to remember that family law matters are personal and often emotionally charged. Flat fees offer a simplified path forward:

•           They eliminate financial surprises, allowing you to focus on your case's merits.

•           They promote open communication and collaboration between you and your attorney.

•           They encourage efficiency, ensuring a swift and cost-effective resolution.

•           They provide cost predictability, regardless of the case's complexity.

Your Family Law Journey with Confidence:

Whether you are facing divorce, child custody disputes, spousal support issues, or any other family law matter, flat fee structures can simplify the legal process. They empower you to make informed decisions, collaborate effectively with your attorney, and confidently navigate your family law journey.

We hope this blog series has shown the significance of flat fees in family law and how they can benefit you. Remember that when choosing legal representation, discussing the option of a flat fee with your attorney can be a valuable step in ensuring a smoother and more predictable path to a successful resolution.

Thank you for joining us on this journey through the complexities of hourly billing for family law matters. We wish you the best of luck in your legal endeavors, and may your path be as straightforward as a flat fee structure.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Part 7: Better for Complex Cases – Maximum Value for your Matter with Flat Fee Family Law

Welcome back to our Flat Fee Family Law Blog Series, by now you know that flat fees add value, and the billable hour destroys it. This part will explore why flat fee structures are particularly beneficial for tough family law cases. Whether your situation involves intricate financial arrangements, highly contested custody issues, or other complexities, flat fees can provide peace of mind.

Complex Cases: A Unique Challenge:

Family law cases can vary significantly in complexity. Some may be straightforward, while others are highly intricate and multifaceted. Complex issues often require more time, resources, and expertise to navigate effectively. This is where the versatility of flat fee structures comes into play because it forces attorney efficiency, which adds tremendous value to you, the client.

Why Flat Fees Shine in Complex Cases:

Let us dive into the reasons why flat fee structures are well-suited for complex family law matters:

1. Cost Predictability: Complex cases involve more extensive legal work, such as thorough financial analysis, negotiations, and courtroom appearances. With hourly billing, the costs of these added tasks can add up quickly, leading to unpredictable expenses. A flat fee structure offers cost predictability, ensuring you know the total price upfront, regardless of the case's complexity.

2. Removing the Hourly Pressure: In complex cases, you and your attorney need the flexibility to explore all available options and make well-informed decisions. Hourly billing can create pressure to rush through discussions and decisions to save on legal fees. With a flat price, you can take the time needed to strategize effectively, negotiate carefully, and find the best solutions.

3. Encouraging Comprehensive Legal Representation: Complex cases often require comprehensive legal representation. With flat fees, you can be confident that your attorney will provide the level of attention and expertise necessary to navigate the complexities of your case. There are no concerns about hourly billing leading to shortcuts or incomplete work.

4. Fostering Collaboration: Collaborative problem-solving is crucial in complex cases. A flat fee structure encourages collaboration between you and your attorney, as both parties have a vested interest in working efficiently. This teamwork can lead to innovative solutions and better results.

5. Peace of Mind: Dealing with complex legal matters can be stressful enough without worrying about mounting hourly bills. Flat fees offer peace of mind, allowing you to focus on the intricacies of your case without constantly checking your wallet.

Conclusion:

Complex family law cases require a holistic approach. Flat fee structures provide the versatility and predictability to navigate these complexities effectively. Whether your case involves intricate financial matters, challenging custody disputes, or other complex issues, a flat fee can simplify the financial aspect, allowing you to concentrate on the intricacies of your case.

As we continue our journey through the Flat Fee Family Law Blog Series, we will explore more aspects of flat fee structures and how they can benefit various family law situations. Stay tuned for the next part, where we will delve into the significance of flat fees in promoting efficiency and prompt resolutions in your family law case.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Part 6: Encouraging Collaboration - The Power of Flat Fees in Family Law

Welcome back to our Flat Fee Family Law Blog Series, where we praise the value adding flat fee structure, and show the value destruction of the billable hour. In this part, we will uncover how flat fee structures encourage collaboration between you and your attorney, leading to more effective teamwork and better outcomes in your family law case.

Collaboration in Family Law: A Key to Success:

Family law cases, whether they involve divorce, child custody, or spousal support, often require collaboration and teamwork between you and your attorney. Effective communication and cooperation can make a substantial difference in the outcome of your case. Flat fee structures can be a catalyst for this collaboration.

The Role of Flat Fees in Encouraging Collaboration:

Here's how flat fees promote a collaborative approach in family law cases:

1. Shared Goals: Under a flat fee structure, both you and your attorney share the same goal: to resolve your case efficiently and effectively. Since the attorney's compensation is not tied to the number of hours worked, they are motivated to work with you as a team to achieve the best possible outcome.

2. Open Communication: Effective collaboration hinges on open and honest communication. Hourly billing can create barriers to communication, as you may hesitate to reach out to your attorney for fear of running up the bill. Flat fees remove this barrier, allowing you to freely discuss your concerns, ask questions, and seek guidance without worrying about the cost of every conversation.

3. Strategizing Together: Family law cases often require strategic planning. With a flat fee structure, you and your attorney can work closely to develop a strategy that aligns with your goals. There is no rush to finish meetings or discussions to save on hourly costs. Instead, you can take the time needed to strategize effectively.

4. Problem-Solving as a Team: Many family law cases involve complex issues that require innovative solutions. A collaborative approach allows you and your attorney to work together to find creative solutions to challenges that arise during your case. This can lead to more favorable outcomes for all parties involved.

5. Streamlined Workflow: Flat fees encourage attorneys to streamline their workflow. Since they are not compensated based on the hours worked, they are motivated to work efficiently and effectively. This can result in quicker resolutions and cost savings for you.

Conclusion:

Effective teamwork and collaboration between you and your attorney are essential for achieving the best possible outcomes in family law. A flat fee structure can catalyze this collaboration, aligning your interests and encouraging open communication.

As we continue our journey through the Flat Fee Family Law Blog Series, we will explore more aspects of flat fee structures and how they can simplify your family law case legal fees. Stay tuned for the next part to uncover why flat fees are particularly beneficial for complex family law cases.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Part 5: Reduced Stress - Finding Peace in Flat Fee Family Law

Welcome back to our Flat Fee Family Law Blog Series, where we are on a mission to simplify the world of billing for family law matters and empower you with knowledge. In this part, we will explore a critical aspect of the flat fee structure: the reduction of stress during challenging legal situations.

Stress and Family Law: A Common Combination:

Legal matters, especially those involving family issues like divorce, child custody, or spousal support, can be emotionally charged and stressful. The financial aspect, often associated with hourly billing, can worsen this stress. This is where flat fee structures come to the rescue.

The Stress-Reducing Magic of Flat Fees:

Let us delve into how flat fees can alleviate stress in family law cases:

1. Predictable Costs: With flat fees, you know the exact cost of your legal services upfront. There are no surprises, hidden fees, or escalating bills. This predictability allows you to budget effectively and reduces the anxiety associated with uncertain legal expenses.

2. No Fear of the Clock: Hourly billing can make every interaction with your attorney feel like a race against the clock. The constant worry about how much each minute costs can discourage open communication and create unnecessary stress. Flat fees remove this barrier, allowing you to freely discuss your concerns, ask questions, and seek guidance without anxiety.

3. Focusing on Your Case: Legal matters can be all-consuming, and the fear of mounting legal fees can divert your attention from the essential aspects of your case. A flat fee structure allows you to concentrate on the merits of your case, your well-being, and your family's future without the constant financial stress.

4. Peace of Mind: One of the most significant advantages of a flat fee is the peace of mind it provides. You can navigate your family law journey with confidence, knowing that you will not be hit with unexpected and potentially exorbitant bills. This peace of mind can be invaluable during emotionally charged legal proceedings.

5. Fostering Cooperation: Reduced financial stress can foster cooperation between parties in family law cases. When both sides can focus on finding common ground and working towards a resolution, it often leads to quicker outcomes.

Conclusion:

In the tumultuous world of family law, where emotions run high and every decision is significant, reducing stress is crucial. A flat fee structure can help you achieve just that. It offers predictability, removes the fear of the clock, allows you to focus on your case, and provides peace of mind during challenging legal situations.

As we continue our journey through the Flat Fee Family Law Blog Series, we will explore more reasons why a flat fee structure might be the right choice for your family law case. Stay tuned for the next part, where we will uncover how flat fees encourage open communication and collaboration between you and your attorney, leading to more effective teamwork and better outcomes.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Part 4: Efficient Resolution – How Flat Fees Streamline Family Law Cases

Welcome back to our Flat Fee Family Law Blog Series, where we make the complex, confusing, and value destroying world of hourly billing in family law matters. In this part, we will delve into a crucial advantage of flat fee structures in family law: efficient resolution.

The Need for Efficiency in Family Law:

Family law cases, whether they involve divorce, child custody, or spousal support, often come with heightened emotions and significant stress. It is essential to find a path to resolution that minimizes the emotional toll and maximizes efficiency. This is where the flat fee structure stands out.

The Motivation for Efficiency:

With traditional hourly billing, attorneys bill their clients for every minute they spend working on a case. This can inadvertently create a disincentive for swift resolution. Lawyers may have a financial interest in prolonging the process. That said, flat fees change this dynamic.

How Flat Fees Encourage Efficiency:

Let us explore how flat fees urge attorneys to resolve your family law case efficiently:

1. Focus on Outcomes, Not Billable Hours: Under a flat fee arrangement, you pay a predetermined amount, no matter how much time your attorney spends on your case. This means they have a strong incentive to focus on achieving the best possible outcome for you as efficiently as possible. They are not motivated to bill for every minute; instead, they aim to resolve your case effectively.

2. Prompt Resolution Equals Savings: Lengthy legal battles can be costly, emotionally draining, and time-consuming. Attorneys working on a flat fee structure understand that the sooner your case is resolved, the more cost-effective it is for both parties. This motivates them to look for quicker and more efficient solutions.

3. Client-Centered Approach: Flat fees align the attorney's interests with yours. Both you and your attorney want the case to conclude promptly and favorably. This constructive collaboration often leads to a client-centered approach, where your attorney works diligently to understand your goals and develop a strategy that achieves them efficiently.

4. Reduced Stress and Uncertainty: Swift resolution minimizes the emotional toll on all parties involved. It means less time spent worrying about the case and more time focusing on moving forward with your life. A flat fee structure helps reduce the stress and uncertainty that can go with lengthy legal proceedings.

5. Cost Savings for You: Efficiency helps your attorney and translates into cost savings for you. When your attorney works efficiently, they spend less time focusing on billing to your case, resulting in lower overall legal costs.

Conclusion:

In the realm of family law, where emotions often run high and the need for closure is paramount, efficiency is an asset. The flat fee structure aligns both your and your attorney's interests, encouraging a focus on prompt and effective resolution.

As we continue our journey through the Flat Fee Family Law Blog Series, we will expand on the benefits of flat fee structures, helping you make informed decisions when considering who you hire for your complex family law matter. Stay tuned for the next part, where we will examine how flat fees can help reduce stress during challenging legal situations.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Part 3: No Fear of the Clock – How Flat Fees Improve Family Law Communication

Welcome back to our Flat Fee Family Law Blog Series, where we walk through the benefits of flat fee pricing for family law matters.  In this part, we will explore a significant advantage of choosing a flat fee structure for your family law case: the absence of fear of the clock.

The Dread of Hourly Billing:

Imagine you are in a library, and every second you spend reading a book comes with a price tag. The more you read, the more you pay. Can you concentrate on the text and genuinely enjoy the experience? Probably not. This is how hourly billing can feel in legal services, especially family law cases.

Hourly billing means you pay your attorney based on their time working on your case, not the results they seek. Every phone call, email, or meeting adds to your bill. This can lead to a constant worry about how much each interaction costs you. It is like a ticking clock in the background, making you hesitate to ask for advice or updates.

Flat Fees: Removing the Clock’s Ticking

Now, let us shift our focus to flat fees. When you choose a flat fee structure, you and your attorney agree on a fixed amount for their services right at the start of your case. This predetermined cost covers everything, from first consultations to courtroom appearances and everything in between.

With a flat fee, the clock is no longer your enemy. Here is why this is such a game-changer:

1. Open Communication: Open and honest communication with your attorney is vital in family law. You must discuss your concerns, ask questions, and seek guidance freely. That said, hourly billing can create a barrier to such open communication. You might find yourself worrying about how each conversation affects your bill. A flat fee structure encourages open dialogue because you are not counting minutes or emails.

2. Seeking Advice Without Hesitation: Legal matters can be confusing, and you will likely have many questions. With hourly billing, the fear of the clock ticking can make you hesitate to contact your attorney. You might figure things out alone or delay seeking advice, which is not ideal. Flat fees remove this barrier. You can call or send an email without worrying about more charges.

3. Focusing on Your Case: When you are dealing with family law issues like divorce or child custody, emotions often run high. The last thing you need is the added stress of watching the clock. A flat fee structure allows you to concentrate on the important aspects of your case without constantly checking your wallet. You and your attorney can focus on the strategy and achieving the best outcome for your family.

4. Collaborative Problem-Solving: Flat fees promote collaboration. You and your attorney can work together effectively, strategizing, and problem-solving without concerns about the cost of each meeting. This collaborative approach can lead to better outcomes in your family law case.

Conclusion:

In the world of family law, where open communication and prompt advice are essential, a flat fee structure shines. It cuts the fear of the clock, allowing you to discuss your concerns openly, seek advice without hesitation, and concentrate on the most critical aspects of your case.

As we progress through the Flat Fee Family Law Blog Series, we will continue to explore the benefits of flat fee structures, making it easier for you to navigate the complexities of your family law matter with confidence. Stay tuned for the next part, where we will uncover how flat fees can lead to more efficient resolutions in your family law case.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Part 2: Predictable Costs - The Power of Flat Fee Family Law

Welcome back to our Flat Fee Family Law Blog Series, where we unravel the disadvantages of hourly billing, and show the advantages of flat fee family law matters. In this part, we will dive into one of the most compelling reasons to consider a flat fee structure in family law: predictable costs.

The Certainty of Predictable Costs:

In the world of family law, where emotions run high and decisions have far-reaching consequences, understanding and managing your legal expenses is essential. That is where the magic of a flat fee structure comes into play. It offers something that traditional hourly billing cannot match—predictable costs.

What Does "Predictable Costs" Mean?

Imagine you are planning a road trip. You know exactly how much gas you will need, the cost of accommodations, and the price of meals. With this knowledge, you can budget for your journey and ensure you have enough funds for the entire trip. This is like the predictability of a flat fee in family law.

When you engage an attorney who offers a flat fee structure, you and your legal counsel agree on a fixed amount for their services right at the outset of your case. This predetermined cost covers your entire legal representation from start to finish. It is like setting a budget for your legal journey and knowing that you won't have to reach deeper into your wallet unexpectedly.

The Benefits of Predictable Costs:

Here are some compelling reasons why predictable costs can make a significant difference in your family law case:

1. Financial Planning: When you face a family law matter like divorce, child custody, or support, understanding your legal expenses allows you to plan your finances effectively. You will not be caught off guard by unexpected bills and the hours billed. This financial predictability can provide a sense of control during an otherwise uncertain time.

2. Open Communication: Traditional hourly billing can create a barrier between you and your attorney. The fear of every minute counting against your budget might make you hesitate to reach out for advice or updates. In contrast, a flat fee structure promotes open and honest communication. You can freely discuss your concerns, ask questions, and seek guidance without worrying about the clock ticking away your money.

3. Peace of Mind: Legal matters can be stressful, and the fear of escalating legal fees can add to that stress. You can focus on your case's merits with a flat fee without constantly checking your finances. This peace of mind allows you to make more informed decisions and navigate your family law journey more easily.

4. No Surprises: One of the most significant advantages of a flat fee structure is the lack of billing surprises. You will not receive a hefty bill at the end of your case that you did not predict. You know the cost upfront, making planning and managing your legal expenses easier.

Conclusion:

In the world of family law, where every decision matters, knowing the cost of your legal representation is an asset. A flat fee structure gives you the certainty of predictable expenses, allowing you to budget effectively, communicate openly with your attorney, and reduce the stress often associated with legal matters.

As we continue our journey through the Flat Fee Family Law Blog Series, we will explore more aspects of flat fee structures and how they add value to the client, as opposed to hourly billing which adds value to the attorney. Stay tuned for the next part, where we will delve into another compelling reason to consider flat fee family law: the freedom from fear of the clock.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Part 1: What Is a Flat Fee Structure in Family Law?

Welcome back to our Flat Fee Family Law Blog Series, aimed at showing how flat fees are the greatest value added for the client. In this part, we dive headfirst into the world of flat fee structures in family law cases. So, if you are ready, let us explore a flat fee structure and why it matters to you.

Breaking It Down: What Is a Flat Fee Structure?

Imagine you are at your favorite all-you-can-eat sushi restaurant. You know, the one with the rolls that look too good to eat. As you approach the counter, rather than paying for each plate you enjoy, you find out you can eat as much as you want for a fixed price. No matter how many rolls you devour, the cost stays the same. This is the essence of a flat fee.

Now, let us bring this concept into the world of family law. Most law firms only offer hourly billing, whether they help with a divorce, child custody or support matter where you are required to pay a retainer. This can get confusing, because even though they tell you a price up front, they often cannot tell you with any certainty what the full costs of your matter might be.  Rather, as the lawyer completes work they will withdraw funds. 

When the retainer is depleted, the lawyer most likely will request that you replenish the retainer. This process may repeat itself multiple times throughout the life of your case. In a way it incentivizes inefficiency as the primary means for the lawyer to make money. But, there is a much better way! Allow us to introduce the flat fee option.

The Basics of a Flat Fee in Family Law:

A flat fee in family law is a predetermined amount that you and your attorney agree upon at the beginning of your case. This agreed-upon amount covers the cost of your legal representation throughout your case. It is like setting the price of your legal "meal" before you even sit down at the legal "table."

Here is why understanding this concept is essential:

1. Predictable Costs: When you choose a flat fee structure, you gain a valuable advantage—predictability. You know exactly how much your legal services will cost. There are no surprises or hidden fees lurking in the background. This predictability makes budgeting and financial planning much more manageable during a financially challenging time.

2. No Fear of the Clock: Traditional hourly billing can make you feel like you are racing against the clock. Every minute spent on your case adds to your legal bill, leading to hesitation when contacting your attorney for advice or clarification. With a flat fee, you can have open and honest conversations with your attorney without worrying about the ticking clock.

3. Focus on Efficiency: Flat fees often motivate lawyers to work efficiently. Since they will not be billing by the hour, they can focus on resolving your case effectively and promptly. This can lead to quicker resolutions and cost savings for you.

4. Reduced Stress: Legal matters can be incredibly stressful on their own. The last thing you need is the added stress of escalating legal fees. With a flat fee structure, you can concentrate on your case's merits and the emotional aspects without constantly checking your wallet.

5. No Surprises: One of the most significant advantages of a flat fee is the lack of unpleasant billing surprises. With hourly billing, you might only know the final cost at the very end, which can be nerve-wracking. A flat fee ensures you know what to expect from the start.

A flat fee structure simplifies the financial aspect of your family law case, allowing you to focus on what truly matters—resolving your legal matter and moving forward with your life.

Conclusion:

Now that we have unwrapped the concept of a flat fee structure, you are equipped with the knowledge to understand its potential benefits. In the upcoming parts of our Flat Fee Family Law Blog Series, we will explore why choosing a flat fee structure is a game-changer for your family law case.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Understanding Flat Fee Family Law: Your Path to Simplicity and Savings

Welcome, dear readers, to our Flat Fee Family Law Blog Series. At The Skeen Firm, we are proud to offer all of our Family Law services on a flat fee, for reasons you will read in this series. Consider this your friendly guide through the often-intricate world of family law, making it as easy to understand as a conversation with a trusted friend. Whether you are facing the challenging terrain of divorce, custody battles, or any other family-related legal matter, we are here to explain one aspect that can significantly help you—the flat fee structure.

We know that legal jargon and complex billing systems can be daunting. That is why we wrote this blog series to show the advantages of a flat fee structure. We will break it down into simple terms, ensuring you're well-equipped to navigate your family law journey confidently.

Why Are We Talking About Flat Fees?

In the world of family law, where emotions run high, and the stakes are personal, understanding the financial aspect of your legal representation is crucial. Imagine this: You've dined at a restaurant. Imagine receiving a bill based on the number of bites you take or the time you spend at the table rather than the traditional bill with a fixed price for your entire meal. Yeah, that would be stupid crazy! It is precisely how we feel about billing by the hour. That is the essence of a flat fee in family law.

A flat fee means that you and your attorney agree on a set amount for their services at the beginning of your case. This arrangement simplifies the billing process and offers several compelling benefits, the most important of which are transparency and value to the customer. 

Why Should You Care?

You might wonder, "Why should I care about flat fees?" That is a great question. Understanding the advantages of a flat fee can affect your family law experience. Here is a glimpse of what's in store:

Predictable Costs: Say goodbye to the uncertainty of hourly billing. With a flat fee, you will know the exact cost of your legal services upfront, making budgeting and financial planning a breeze.

No Fear of the Clock: Hourly billing can make you feel like every second counts against your wallet. With a flat fee, you can communicate openly with your attorney, seek advice, and discuss your concerns without worrying about the ticking clock.

Efficient Resolution: Flat fees motivate lawyers to work efficiently, focusing on achieving a favorable outcome for you in the most cost-effective way.

Reduced Stress: Legal matters are stressful enough without worrying about never-ending legal fees. A flat fee structure can alleviate this stress and allow you to concentrate on what truly matters—your case.

No Surprises: Traditional hourly billing often results in surprises when the bill arrives. You will have peace of mind with a flat fee, knowing precisely what to expect.

Collaboration: Flat fees encourage collaboration between you and your attorney, leading to more effective teamwork and value added for your case.

Better for Complex Cases: Even complex family law cases can benefit from a flat fee structure. Your costs stay the same as the issue becomes more intricate. And our commitment to client value only amplifies this.

What to expect in this series?

In our Flat Fee Family Law Blog Series, we believe in empowering you with knowledge, simplifying the legal billing process, and making it accessible to everyone. The flat fee structure is our way to add value to you on your family law journey.

Stay tuned for more informative articles in this series, where we will delve deeper into the advantages of the flat fee structure, providing you with the insights you need to make informed decisions for your unique situation. We are here to guide you through the complexities of your family law matter, one simple step at a time.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Shared Custody and Cell Phones

In 1789, Benjamin Franklin wrote, “In this world nothing can be said to be certain, except death and taxes.”  If he were to address the certainties of today’s world, then he would undoubtedly add technology to the list.  Technology is everywhere.  Cell phones, smart watches, GPS collars for our dogs, apps that allow you to remote start your vehicle from another state… the list goes on and on.

As technology is ever changing and advancing, so is the population who uses it.  In the 1990s, it was uncommon for a teenager to have a cell phone unless they were driving.  If a teen was lucky enough to have a phone, then it’s likely their usage of it was limited to a certain number of hours per billing period.  Fast forward a mere three decades, and you’ll rarely see a child without their own phone.

In a recent study from Stanford Medicine, a group of 250 children were followed for five years, during which most of them acquired cell phones.  About 25% of those children received phones by age 10.7, and 75% by age 12.6.  By the time the children reached 15 years of age, nearly all of them had cell phones.  The good news was that “technology ownership was not found to be linked in either positive or negative ways to children’s well-being.”[1]

Cell phones may be a point of contention between parents who share custody of their children.  Which parent is going to buy the phone?  Will the cost be split evenly?  Prorated on the same portion as custodial time?  Which parent is responsible for monitoring the child’s activity on the cell phone? 

Unfortunately, there are no clear cut, hardline answers to these questions.  It’s important to remember these three things: 1) your children having a cell phone may benefit you as much as it does them; 2) there is a wealth of information available on how to keep your children safe; and 3) keeping your children’s best interests as your main priority will be crucial as you navigate their use of this technology.

Mutually Beneficial:  If you have issues communicating with the other parent, then you may dread having to call their phone to speak to your child during their custody time.  However, if your child has their own phone, then you can call or text them directly.  For instance, if your child plays sports, they can keep you up-to-date if practice ends early or runs late.  Also, with location apps such as Life360 or Apple’s “Find My,” you can manage alerts for emergency situations, such as when the device has been involved in an accident.  Screen time and/or phone privileges can also be used as a consequence – either positive or negative.

Parental Controls:  Can cell phones be dangerous?  Absolutely!  That’s why it’s imperative that parents utilize the parental controls on the devices and consider installing apps to help monitor their children’s activity, especially on social media.

Children’s Best Interests: Obviously, it’s in your child’s best interest if you and their other parent can work together and be on the same page regarding electronic devices.  This may be easier said than done.  A child’s phone is often their key to their social life, so try to compromise when needed.  Striking the balance between keeping your children safe and teaching them to use their devices responsibly is key.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

[1] https://med.stanford.edu/news/all-news/2022/11/children-mobile-phone-age.html#:~:text=About%2025%25%20of%20children%20received,phones%20by%20age%2015%20years.

Navigating Divorce in Washington County, Pennsylvania: Your Comprehensive Guide

Divorce is a life-altering event that can be emotionally and financially challenging.  If you find yourself going through a divorce in Washington County, PA (or anywhere, for that matter), then it is crucial for you to understand your rights and the legal process.  In this comprehensive guide, we will break down the key aspects of a divorce in Washington County, provide useful insights, and offer guidance to help you navigate this difficult time.

Understanding the Grounds for Divorce:  In Washington County, PA, there are both fault and no-fault grounds for divorce.  No-fault divorce is the most common.  An uncontested no-fault divorce may be granted after a ninety-day separation, but a contested no-fault divorce requires the spouses to live separately and apart for at least one year.  Fault grounds, such as adultery, abandonment, cruelty, or imprisonment, may lead to a faster divorce process.

The Residency Requirement:  To file for divorce in Washington County, PA, either spouse must have been a state resident for at least six months.  Establishing residency is essential to ensure the court’s jurisdiction over your case.

Property and Asset Division:  Washington County, PA, follows the equitable distribution approach to the division of property and assets acquired during the marriage.  Equitable doesn’t always mean equal; the court considers various factors, such as each spouse’s contributions, age, health, and economic circumstances when dividing marital property and assets.

Spousal Support and Alimony:  During the divorce process, the court may award spousal support or temporary alimony (known as alimony pendente lite) to the financially disadvantaged spouse.  The Court considers the length of the marriage, along with each spouse’s earning capacity and individual needs, along with other factors, when deciding an award of alimony.

Child Custody and Support:  Child custody and support matters are among the most significant concerns for divorcing parents.  Courts in Washington County, PA, prioritize the best interests of the child(ren) when determining custody arrangements.  Child support obligations are determined by a statutory formula, unless the facts warrant a deviation from the standard amount of support.

Legal Representation:  While it is possible to handle an uncontested divorce without an attorney, it is highly recommended to seek legal representation, especially if you have complex financial matters, child custody disputes, or disagreements with your spouse on critical issues.  An experienced divorce attorney can protect your rights and guide you through the process.

Alternative Dispute Resolution:  Couples who are divorcing in Washington County, PA, are encouraged to explore alternative dispute resolution methods, such as mediation or collaborative divorce.  These approaches provide a more amicable and cost-effective way to resolve differences, particularly regarding child custody and division of assets.

Divorces in Washington County, PA, involve various legal complexities, from grounds for divorce to property division and child custody matters.  By understanding the process and seeking legal guidance, you can protect your rights and ensure a smoother transition into the next chapter of your life.  Remember, every divorce is unique, so it’s essential to consult an experienced family law attorney who can provide personalized advice based on your specific circumstances.

Going through a separation and divorce can be very difficult, so having a knowledgeable legal team on your side can provide the support and guidance you need.  At The Skeen Firm, our experienced divorce attorneys want to help you navigate the complexities of divorce in Washington County, PA.  

 *Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

The Cold Hard Facts of Pennsylvania Child Support

As promised, here’s a closer look at how Pennsylvania calculates child support.  So far, you know that child support is based off statutory guidelines, but how do they work?

The child support guidelines look at the portion of a household net income used for the benefit of the children of that household and then assigns a portion of that amount to each parent based on that parent’s contribution to the adjusted net household income.  Sounds complicated, right?  It really isn’t.  Let’s walk through an example.

Parent 1 and Parent 2 have two children together.  Parent 1 works a job earning $12.00/hour for 80 hours/paycheck and paid every other week.  Parent 2 earns $16.25/hour for 80 hours/paycheck and paid every other week.

Parent Income Breakdown

 If Parent 1 and Parent 2 were an intact family, their adjusted net household income would be $1785.  Parent 1 earns 43% of the total adjusted net household income and Parent 2 earns 57%.

According to the Basic Child Support Schedule, a household with a combined adjusted net income of $1,750 would spend $614 for the benefit of its two children.  Parent 1 would be responsible for 43% of the $614; Parent 2 would be responsible for the remaining 57%.

Basic Child Support Schedule

The child support guidelines assume the parent who owes support has custody of the children 30% of the time.  Assuming Parent 1 has primary custody of the two children, Parent 2 would owe Parent 1 $349.98 in child support each month.

A few other things to remember:

First, an award of child support is retroactive, meaning the monthly support obligation is due back to the date of filing.  Keep that in mind if you are the obligor (i.e., the parent who will have to pay support).  It’s in your best interest to provide the information and have the amount calculated sooner rather than later to minimize the arrears due.

Second, child support is calculated on a household basis which considers the total number of children, but not on a per child basis.  Let’s assume you’re the obligor and have four children.  Your oldest graduates from high school, and you file to terminate the support of that child.  Your overall child support obligation will likely decrease but it will not decrease by 25%.  Why?  The formula assumes that the parent receiving the support will still have the same mortgage payment and monthly bills associated with a home for the remaining minor children and you’ll still be responsible for your percentage of the intact family figure.  Take another look at the chart above.  The difference between the monthly expenses for two and three children for an intact family is only $18.00, not 50%.

Lastly, a hearing officer may deviate from the statutory guidelines if the facts warrant it.  Do the parents have 50/50 custody?  Does one parent pay for medical insurance for the children out-of-pocket?  Does one parent pay for all the children’s daycare expenses or unpaid medical expenses?  Does one parent pay private school tuition?  The court may consider all these things and may deviate from the statutory child support amount.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship

Alimony, Spousal and Child Support…Oh, My!

The end of a marriage is a difficult time for anyone, and the financial consequences of untangling two lives can make it even worse.  Although each is unique, alimony, spousal support and child support are all similar in the sense that one spouse is making a payment for the benefit of someone else (the other spouse or the parties’ children). 

In Pennsylvania, there are three types of spousal support/alimony, spousal support, alimony pendente lite and alimony.  Depending on what stage of the divorce process you’re currently in will determine what type of support you may have a right to receive.  (For more information click here.) When two people marry each other, they generally combine finances, enjoying a standard of life neither could achieve without the other.  Even if both parties work fulltime, it is likely one spouse is a “dependent spouse,” meaning one spouse earns less than the other.  The dependent spouse may receive spousal support or alimony pendente lite.  As part of dividing the marital estate, a court may order one spouse to pay the dependent spouse alimony.  Keep in mind that alimony is not guaranteed, as it is a secondary remedy for the Court to use if it is unable to equitably divide the marital estate.  Think liquid assets versus non-liquid assets (i.e., something that can be sold for cash versus a retirement account that would incur a substantial penalty for an early withdrawal before a certain age).

Child support, on the other hand, is support for the benefit of minor children.  The purpose of child support is to help ensure the children enjoy a standard of life like what they enjoyed before their parents’ separating or divorcing.  If you, your children, and the other parent of your children do not live under the same roof, one parent may owe child support to the other.  

The Domestic Relations section of your county’s Court of Common Pleas handles child support claims.  When one parent files for child support, both parents provide income and expense information.  The hearing officer then determines the adjusted net income of each parent and then uses those figures to calculate child support, applying statutory guidelines.  We’ll take a closer look at the breakdown of the calculation in our next article.  

There are two sides to each type of support: the spouse who is having to pay the support and the spouse who is relying on the support to make ends meet.  Neither position is ideal.  If you find yourself in a situation where you want to be sure the support calculations for your case are correct, give us a call.  We’d love the opportunity to discuss the specifics of your case with you.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

So your marriage is coming to an end. Now what? Part II

You’ve gotten over the initial shock of realizing that your marriage is over.  Now what?  Well, now you have some tough decisions to make starting with what do you want out of the divorce.  Some preliminary matters to work though include who stays in the house, who gets physical custody of the children, who gets possession of the family pet, and how will the assets/debts be divided.

Residing in the marital home to the exclusion of your spouse is known as exclusive possession.  If there are children involved, the spouse having primary physical custody generally resides in the house to minimize the displacement of the children.

If the parties cannot agree on physical custody, the court will look at 16 factors to ultimately decide what is in the best interests of the children.  Most courts believe it’s important for children to spend equal time (or as close to equal time as possible) with each parent.  You’ll want to keep that in mind if you choose to move out and get a place of your own.  The farther you live from your spouse, the harder it is to make joint custody work and the harder it is on your children.

If you’re like me, your family pet is more than a pet, he’s a four-legged family member.  Unfortunately, the law doesn’t give him the same love you do.  Pets are considered marital property.  If the parties can’t agree, the court will decide who gets the pet in equitable distribution.

Generally, the party living in the marital home is responsible for the bills as well.  If you’re driving a vehicle, you’re most likely responsible for the costs associated with that vehicle.  Each party is generally responsible for bills in his/her own name, and history helps determine who is responsible for joint bills.  Any payments made during the separation or while the divorce is pending towards joint bills or for the benefit of joint assets may be offset during equitable distribution.

Your assignment: make a list of individual and marital assets and debts.  Gather copies of titles, account statements, appraisals, etc.  Each party will have to prepare an inventory of what property needs to be divided.

If you are trying to determine what to do next, give us a call at 724.550.6970.  We offer a free 30-minute consultation and would love to discuss how we may help you with your divorce.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.