Guardianship Vs. Power of Attorney: What’s the Difference?

Power of attorney and guardianship both authorize someone else to act on the behalf of a person who is incapacitated or unable to make decisions about their health, finances and other issues. However, there are significant differences between the two, namely, timing. If you are thinking about creating powers of attorney or need assistance with a guardianship, seeking the counsel of an experienced estate planning lawyer is vital.

Timing is Everything

Although both the power of attorney and guardianship allow an individual to make decisions for another person, it is important to understand the differences. A power of attorney is created and executed before a person becomes incapacitated, while guardianship is may be granted by court order after someone is no longer able to make competent financial and health care decisions.

Why Creating Powers of Attorney is a Good Idea

Powers of attorney are very common legal documents that can make things a lot easier for your loved ones in the event of your incapacitation. Having family wills and trusts lawyers draft specific powers of attorney ahead of time gives you the opportunity to name someone you trust as your representative and advocate. Guardianships involve a more complex and costly process, as the court determines who will be authorized to make decisions for you. It’s important to note that in Pennsylvania, a guardian may be given many powers on behalf of an incapacitated person. Powers of attorney are often much more limited in scope.

The Guardianship Process

For a guardian to be appointed, either a potential guardian or someone who wishes to nominate an individual to be a guardian must file a petition with the appropriate court. That person then becomes the “petitioner” and has to serve the petition on the person for whom they wish to have a guardian appointed. That person is then known as the respondent. The petition that is served on the respondent must include specific language that details how their personal rights may be affected by the guardianship and the reasons why a guardianship is being sought.

In a guardianship proceeding, a judge will hear evidence surrounding the person’s mental and physical capacity. If the court determines that a guardian is necessary, they will appoint one—usually a spouse or adult child. If you’re seeking a guardianship, it is filed in the local probate court. There are many common errors that can hold up the process. A skilled probate attorney can ensure that your petition is completed and filed correctly so the process is not delayed.  Anyone, including the potential ward and their friends and family, is entitled to object to a guardianship.  Although courts typically give preference to family members, if they are unsuitable to serve as guardian, the judge may appoint a public guardian.

Are you ready to start estate planning or need assistance with a guardianship? Our team at Carosella & Associates can help you create a plan that ensures your rights and interests are protected

This blog was originally posted https://carosella.com/guardianship-vs-power-of-attorney-whats-the-difference/

Best Practices for Business Management & Operating Agreements

Starting a new business is exciting, but it is important to make sure proper management & operating agreement is in place before you begin your new enterprise. A corporate business attorney can help you create a comprehensive agreement that outlines each person’s roles, responsibilities, and rights. A solid contract can also provide an exit strategy in the event of a shareholder’s incapacitation, passing, or leaving the business.

Rights & Responsibilities

Business owners typically make a capital contribution to a new start-up, whether it is cash, real estate or other assets. It is critical to include each owner’s contribution and to be specific when defining ownership rights and profit-sharing. Outlining how initial capital will be spent is important as well. Your agreement should also include a contingency plan in case your new business needs additional investment before turning a profit.

Being specific about how the earnings from a business will be distributed is vital. Ambiguous clauses and other uncertainties can cause serious problems once you start turning a profit. If members are drawing a salary at the beginning, make sure amounts are clearly stated and include any provisions for future raises. If the intention is to repay seed capital, your agreement should specify at what point this may happen. It is also imperative to define how future distributions and will be allocated.

The more specific you are about each shareholder’s rights and responsibilities, the better. The agreement should outline how important decisions will be made. Will you use a “majority rule” or consensus approach? Will one person have the final say when it comes to making decisions? Hashing these things out can also help you understand one another’s approach to day-to-day operating s and how the business will be managed. Sometimes business owners simply cannot agree. Having an experienced business contract attorney draft your management & operating agreement can help you resolve conflict more easily and avoid headaches down the road.

Dissolution of the Business

Although no one likes to think about things not working out when starting a new business, health crises, death, disputes, and other issues can arise. Include clauses in your agreement that provide a strategy for buying out a member’s interest or taking on their responsibilities in the event that they can no longer continue. In addition to including these things in your management & operating agreement, it is a good idea to have a business succession planning lawyer help you create a separate business succession plan that addresses these issues and scenarios in more detail.

Keep Your Agreement Current

Change is inevitable. Your business may expand, a founding member might leave, or you may bring new members on. These are just a few of countless potential unforeseen events that can affect the stability of your enterprise and change the way you do business. Reviewing your management & operating agreement with an attorney periodically and making adjustments as you go can ensure everyone’s rights and interests are protected.

If you need help creating a well-crafted management & operating agreement and business succession plan, our team at Carosella & Associates can guide you through the process and ensure all your legal bases are covered.

This blog was originally posted https://carosella.com/best-practices-for-business-management-operating-agreements/

How Spousal Support is Determined in Pennsylvania

Also called spousal support, alimony is an ongoing payment one spouse makes to the other to provide financial support during and/or following a divorce. If the couple can’t work it out between themselves, there are three types of support orders that may be issued by the court. If you’re seeking a divorce, a local divorce attorney can help you understand how it is determined and advise you on the options available to you.

Types of Support & How They are Calculated

Spousal support is an order that is made after parties separate, but before a divorce is final. A judge may even order it before a divorce action is filed.

Alimony pendente lite is a temporary order made after a divorce is filed but before it is finalized. Spousal support and alimony pendente lite cannot be in place at the same time.

Pennsylvania uses a specific formula to calculate spousal support and alimony pendente lite. The spouse who receives support gets 40 percent of the difference between both spouses’ monthly net income. If children are involved, it is 30 percent, as the parent providing spousal support is most likely paying child support as well.

The court also considers the needs of the spouse seeking support and the incomes of both parties. In certain circumstances that involve unusual needs or circumstances, the calculation formula may vary.

Calculating Alimony Post-Divorce

Alimony is a support order that is made at the time or after a final divorce decree is entered.

There are no specific calculations for determining whether alimony is appropriate, the amount, and the duration of payments. Pennsylvania law requires the courts to consider the following factors:

• Both parties’ income and earning capacities
• Both spouses’ sources of income, such as medical insurance, annuities, and other sources
• The age of both spouses
• The physical, mental, and emotional health of the spouses
• Duration of the marriage
• Whether one spouse contributed to the partnership as a homemaker
• Expenses and limited earning capacity due to having custody of a minor child
• Both parties’ existing inheritances and any property they are expected to inherit
• Whether either spouse supported the other’s training, education, or increased income during the marriage
• Both spouses’ education and how long it would take for the spouse requesting for alimony to finish the training or education required to find adequate employment
• The standard of living during the marriage
• Assets and debts of each party
• Separate property each person brought to the marriage
• Each party’s financial needs
• Misconduct that had a financial impact during the marriage
• The tax implications of alimony for both spouses
• Whether the spouse requesting alimony has enough property to meet reasonable needs
• Whether the party requesting alimony is unable to support themselves through reasonable employment.

If you and your spouse owned a business together and decide to dissolve it, business dissolution lawyers or business contract lawyers can advise you on how to best protect your rights and interests.

Duration of Alimony

The duration of alimony depends on specific circumstances. An order may be ongoing with no end date or it may have a specific end date. Courts may review and modify an order if circumstances change. An alimony order will end automatically if the person receiving alimony gets married, is living with a new partner, or if either of the spouses passes away unless the order specifies that it will continue.

Do you need assistance with divorce, alimony, or other family law issues? Our team at Carosella & Associates can help.

This blog was originally posted https://carosella.com/how-spousal-support-is-determined-in-pennsylvania/

The Importance of Estate Planning for Single Parents

Being a single parent is challenging, and estate planning is often pushed aside in the flurry of responsibilities like work, school, chores, and other activities. Most parents want what’s best for their children and part of that is making sure you have an estate plan in place to ensure your child is properly cared for in the event of your passing. An estate planning attorney can advise you on the best course of action to provide for your children and draft vital documents that protect their rights and interests.  Having an estate plan in place can also give you peace of mind, knowing that your children will be well taken care of after you’re gone.

Elements of Estate Planning

There are several crucial elements that should be included in any estate plan. If you’re a single parent who owns a business, it’s also a good idea to talk with an experienced business lawyer about creating a business succession plan as well.

Last Will and Testament. A will gives you the opportunity to name the executor of your estate and its beneficiaries. Most important, it allows you to name a legal guardian or guardians that you trust to take care of your children.  Without a will in place when you die, the court will most likely appoint a guardian and your estate will have to go through probate.

Revocable Living Trust. A living trust allows you to control your assets while you’re able, but if you become incapacitated or pass away, the named trustee will become the administrator of the assets in the trust. Trusts can also keep certain assets from going through probate, which can be a costly and time-consuming process.

Powers of Attorney.  As a single parent, it’s critical to create a power of attorney for finances and the power of attorney for health care. In the event that you become incapacitated, this person can act as your advocate and handle your finances, legal decisions, and health care choices on your behalf if you’re unable to do so.

Advance Directive. An advance directive allows you to select someone who is responsible for making end-of-life decisions if you are incapacitated.

Beneficiary Designations. It’s important to keep in mind that minor children should not be directly named as beneficiaries of any bank accounts, retirement accounts, life insurance policies, and other assets because they cannot make legal decisions. There are different ways to handle these issues, so talk with your attorneys to find solutions that best fit your needs.

Choose Wisely

It’s important to choose someone you know you can rely on as the executor of your will, guardian for your children, trustee, and power of attorney. These can all be the same person or different people you trust. A skilled wills and trusts attorney can provide valuable perspective and help you make practical decisions that will best benefit you and your family.

Do you need help with your estate plan? Our experienced team at Carosella & Associates can help you create a plan that protects your children’s interests and financial future.

This blog was originally posted https://carosella.com/the-importance-of-estate-planning-for-single-parents/

How to Protect Yourself from False Child Abuse Accusations

Issues surrounding divorce and child custody can be contentious. Unfortunately, false accusations of child abuse are one tactic that a co-parent may use to gain full custody of their children. These types of allegations can destroy your reputation and your family and lead to serious emotional upheaval for everyone involved. If you’re facing false claims of child abuse it is critical to seek the counsel of good divorce lawyers in PA to ensure your rights and interests are protected.

Why Would Someone Make False Child Abuse Accusations?

Ex-spouses or co-parents often bring accusations of child abuse because they are desperate. They may accuse their co-parent of abuse, neglect or failure to follow custody orders because they are angry and believe that these types of allegations will give them an advantage in a custody case. Sadly, some people are very good at putting on an act and have no problem lying about such important issues. One positive thing to keep in mind is that if accusations are false, the truth is on your side. This is where the experience and skill of a good family law or defense attorney comes in. A skilled lawyer will understand how to aggressively protect your rights and counter-charges of child abuse with solid evidence while keeping the best interests of your children in mind.

The Importance of Documentation and Evidence

To defend yourself against false child abuse allegations, it is essential to provide evidence showing that you are a good parent. Courts err on the side of caution when it comes to protecting the well-being of children, which may mean that if you don’t have evidence you could lose custody of your children or be subject to supervised visitation. Even if you feel angry because the situation is unjust, focusing on the facts instead of feelings will help your case in the long run.

Even if you had an amicable divorce, it is a good idea to document your participation as outlined in your custody agreement or parenting plan. For example, if you are supposed to pick your child up on certain days at certain times, stick to the agreement show and show up on time. If your co-parent comes up with allegations that you chronically failed to pick your child up at school or daycare, documentation from the school can prove otherwise. In cases where you’ve been accused of actual abuse, valuable evidence may include a clean criminal record and character witnesses such as family, friends, your child’s caregivers, and coworkers.

Use Common Sense When You Spend Time with Your Children

To avoid false accusations of child abuse, don’t act inappropriately around your children. Physical, emotional and sexual abuses are never acceptable. Keeping your cool can be tough sometimes, but if you find yourself in challenging situations with your kids, ask for help from a professional or someone you trust. Don’t badmouth your co-parent—any experienced attorney will advise you that maintaining a positive relationship with your children means that you’re putting their interests above your own, which can bode well for you in court.

Do you need assistance with fighting child abuse allegations? Our law firm in West Chester id dedicated to protecting your rights and helping you find the justice you deserve.

This blog was originally posted https://carosella.com/how-to-protect-yourself-from-false-child-abuse-accusations/

How a Lawyer can Help if You Have Been Charged with Marijuana Possession

Marijuana has been legalized for medical use in Pennsylvania, but it is still illegal to grow or possess it if you do not have a medical marijuana card issued by the Commonwealth. Although many jurisdictions in Pennsylvania have decriminalized the possession of small amounts of marijuana, it is still classified as an illegal Schedule I drug by the federal government. If you’ve been arrested for possession of marijuana, you can still face prison time, hefty fines, and a permanent mark on your record. Seeking the counsel of a local criminal defense lawyer who understands the complexities of federal, state and local law can ensure that your rights are protected and lead to a more positive outcome for your case.

Types of Marijuana-Related Offenses in Pennsylvania

Marijuana Possession

The penalties for marijuana possession vary, depending on the amount you are found to have. If you have an amount less than 30 grams, you could face misdemeanor charges, 30 days in jail and a fine of up to $500. Possessing more than 30 grams of marijuana is a felony that carries up to five years in jail and a $15,000 fine. Multiple convictions may result in doubled penalties. Even if you think being charged with possession is not a big deal, having a Chester County felony lawyer by your side is critical to help you understand your rights and mount a proper defense.

Possession with Intent to Distribute

This offense includes the cultivation, transportation, and selling of marijuana. If you are caught selling, delivering or distributing marijuana within 1,000 feet of a school or within 250 feet of a playground, you could face two to four years in prison. Giving or selling marijuana to a minor is a felony and may result in double penalties. It’s also important to keep in mind that growing marijuana is a felony, even if it is just for personal use.

Possession of Paraphernalia

You can even be charged with a crime if you are in possession of paraphernalia like a pipe or bong. Generally, it is a misdemeanor punishable by a maximum of 6-12 months of incarceration and a fine of up to $2,500. Delivering paraphernalia to a minor is a second-degree misdemeanor, and can come with penalties of up to two years in jail and a $5,000 fine.

DUI

The penalties for driving under the influence of marijuana can be severe. Marijuana DUI cases can be tricky, as cannabis metabolites can be found in the system weeks after use.

Why You Need an Attorney

If you have been charged with a marijuana offense, it is important to seek legal representation immediately. A criminal defense attorney may be able to help you avoid time behind bars by negotiating a conditional release, which lets you opt for probation rather than trial. If you do go to trial, the prosecution is required to prove the charges beyond a reasonable doubt. If there is a lack of sufficient evidence, the improper procedure was followed by an arresting officer, or there is no proof that you were in possession of marijuana, your attorney will use these facts to your advantage to achieve a not guilty verdict or to have charges dismissed.

If you are a first time offender, your defense attorney may negotiate with prosecutors to have you enter a drug diversion program. Upon successful completion, charges will be dismissed and will avoid having a conviction on your criminal record.

Do you need help fighting marijuana charges? Our experienced team of criminal defense attorneys can help.

This blog was originally posted https://carosella.com/how-a-lawyer-can-help-if-you-have-been-charged-with-marijuana-possession/

What Happens When You Violate a Restraining Order

Known as a Protection from Abuse (PFA) order in Pennsylvania, a restraining order is designed to protect victims of domestic violence. A PFA restricts an alleged abuser from having contact with the person who filed the order. Whether you believe that a PFA that has been filed against you is valid or not, it is critical to comply with all stipulations outlined in the order. Violating a PFA can result in additional penalties, loss of child visitation rights, and even jail time. If you’ve been charged with domestic violence or are subject to a PFA, it is vital to seek the counsel of an experienced criminal defense attorney right away to ensure your rights are protected.

What Happens when Someone Files a PFA Against You?

In Pennsylvania, a PFA prohibits you from having any contact with an alleged victim, including contact via phone, text and email. It may even specify a minimum number of feet you must stay away from them. If you live together, this means you will not be allowed to return to your home. Depending on the specific circumstances, a PFA can also give your partner or spouse temporary custody of your children, which may seriously restrict your visitation rights and keep you from seeing them altogether. These are just a few potential scenarios. Situations can become even more complex, especially when two spouses own a business and work together. If you’re concerned about protecting your business interests, your business attorney can help you understand your rights under the law.

Penalties for Violating a Protective Order

If you are found guilty of violating a PFA, penalties may be:

• Up to six months in jail and a fine of $300 to $1,000
• Up to six months probation and a fine of $300 to $1,000

Penalties depend on the circumstances of the violation. If you violate a PFA, the victim may request that the court extend the Protection from Abuse order. You may also be held in contempt of court for violating a PFA. Being held in contempt of court means you forfeit your right to a jury trial, although you have the right to legal counsel. If an alleged victim files a petition for civil contempt and you are found to have violated a condition of the PFA or another court-approved agreement, you can be jailed for up to six months.

PFAs and Pending Cases

If you are facing other criminal or civil charges, violating a PFA can hurt those cases, too. For example, if you are facing charges for stalking and show up at an alleged victim’s home or workplace, a prosecutor can use this violation to demonstrate that you have no intentions of stopping the harassment. Not only that, if a violation of a PFA occurs during a divorce or child custody case, it can seriously damage your standing when it comes to matters of child custody or quick resolution of your divorce case.

Steps to Take if You Have Been Charged with Violating a PFA

Whether you are facing a PFA for the first time or have been charged with violating an order, it is always a good idea to consult a Chester County criminal lawyer who can help you understand your rights and act as your advocate.

Have you been a victim of domestic violence or need assistance with fighting a PFA? Our West Chester criminal lawyers can help.

This blog was originally posted https://carosella.com/what-happens-when-you-violate-a-restraining-order/

What to do If You Are a Commercial Truck Driver Charged with a DUI

Being a commercial truck driver carries a lot of responsibilities. Both the Commonwealth of Pennsylvania and the federal government have strict regulations that help keep motorists safe when they’re on the road. Pennsylvania law surrounding DUI charges for CDL holders is complex. If you are a commercial driver who has been charged with driving under the influence, it is vital to contact a local defense attorney to help preserve your livelihood and ensure your rights are protected.

DUI Penalties for CDL Holders

In Pennsylvania, CDL holders are held to a higher standard than other motorists, and the consequences for DUI are severe. Even if you have been charged with a DUI while driving your own personal vehicle you can still lose your CDL. Generally, the legal limit for Blood Alcohol Content (BAC) is .08 in Pennsylvania. However, for CDL holders operating a commercial vehicle the legal limit is half that–.04.

Whether you were driving your commercial vehicle or personal vehicle, if you are convicted of a DUI your CDL will be suspended for at least one year, your regular driver’s license may be suspended for a period of time, and you will face other serious fines and penalties. If you were transporting hazardous materials, your CDL will be suspended for three years. It is also important to keep in mind that even if you are eligible for an ARD program you will still lose your CDL license for one year. Because DUI laws vary from state to state it is best to have a local Chester County criminal lawyer who understands the nuances of not only Pennsylvania law but FMSCA regulations as well.

Penalties for First Offense Commercial DUI

• Two days to six months in jail
• $500-$5,000 fine
• Personal license suspension: up to 12 months for your non-CDL license
• Commercial License suspension: at least 12 months for CDL and three years for carrying hazardous materials

You may also be required to perform community service, attend alcohol highway safety classes, alcohol and drug treatment and you will most likely lose your job with your trucking company, and if you are an independent driver, any contracts you had to transport cargo will be terminated. It will be nearly impossible to get any jobs involving a CDL in the future. For second, third and subsequent offenses, jail time and fines increase substantially. Your CDL may also be permanently revoked. Drivers who own their trucks and work independently may want to consult with a business contract lawyer to determine exactly how a DUI conviction will harm their ability to earn a living.

How an Attorney Can Help

Seeking the counsel of an experienced attorney is your best bet for beating a DUI charge. The only way to protect your career as a commercial driver is to have charges dropped or fight them in court and achieve a not-guilty verdict. Do not admit fault, speak to anyone or accept a plea deal before talking with your attorney. Being represented by a skilled West Chester criminal lawyer will advise you on the best course of action and increase your chances of a positive outcome.

This blog was originally posted https://carosella.com/what-to-do-if-you-are-a-commercial-truck-driver-charged-with-a-dui/

Why You Should Avoid Social Media when Going through a Divorce

Many people use social media as a way to stay connected with loved ones and express themselves. However, it’s not all fun and games–social media can often be used against you in contentious divorce proceedings. Most family law attorneys advise clients to stay off social media altogether when going through a divorce. Here are some important reasons why.

It Can Have a Harmful Effect on Your Children

Going through a divorce can take a heavy emotional toll on a family, especially when children are involved. Bashing your soon-to-be ex-spouse on social media is not in the best interest of your children. It may be tempting to vent and voice your opinions on Facebook, Twitter, or Instagram, but it’s important to remember that your children may see what you post. Divorce is hard on kids no matter what, so keep your feelings off social media and talk with friends, family, or a therapist to voice your concerns in an appropriate manner.  That way, you can protect your children and avoid having social media posts used against you when it comes time to negotiate custody and support.

Photos can be Misconstrued

If you must use social media, be very careful about the photos you post. A photo of a “girls’ or boys’ night out” or relaxing on the couch with a glass of wine may seem like no big deal, but it could wind up hurting you in court. Any image you post can be used as evidence used against you when it comes to issues of custody, property division, support, or any other aspect of your divorce. Never share images of you consuming alcohol or drugs, and avoid posting photos of yourself with anyone you may be dating. Even if there’s nothing nefarious going on, your spouse and their lawyer can make it seem like there is.

It Can Hurt Your Case for or Against Support

Whether you are asking for spousal support or you are the one who may be required to pay it, boasting about expensive vacations, shopping sprees, or investments on social media is a no-no. If you are trying to protect your financial assets, your West Chester divorce lawyers will advise you to stay quiet. Not only can these things be used as evidence about your finances, an ex-spouse who feels hurt because you’re bragging about enjoying yourself can make life miserable during a divorce.

Social Media is Not Private

Even if you have all your privacy settings seriously restricted, divorce can quickly turn ugly if family and friends decide to choose sides. You never know what type of post is going to rub someone the wrong way and be shared with your ex. Consider everything on social media and the internet public and fair game–if it is reported that you have lied or harassed your spouse or others on your social media accounts, a judge can create an order to review them.

Use Common Sense

If you’re going through a divorce, dropping social media altogether is one of the best things you can do to protect your rights and interests. If you must keep your social media accounts for business or other reasons, talk with your business liability lawyers about the best way to handle it.

Do you need assistance with a divorce? Our experienced divorce attorneys at Carosella & Associates can help.

This blog was originally posted https://carosella.com/why-you-should-avoid-social-media-when-going-through-a-divorce/

Valuing a Business During a Divorce

Even when both parties agree that it is time to dissolve a marriage, dividing assets in a divorce can be challenging. Valuing assets like real estate, vehicles, and retirement accounts, is fairly straightforward, as they all have a market value. When it comes to valuing a business, however, things can get tricky.
The accurate valuation of a business during a divorce is often complex and requires the counsel of experienced business lawyers.

Understanding the Valuation Process

Whether it is large or small, every business has value. Attempting to value your business yourself can be a losing proposition. Even if you do seek the services of a highly experienced divorce lawyer in PA, it is important to understand how the valuation process works.

Separate vs. Marital Assets

First, the determination of whether a business interest is separate or marital must be made. Generally, if a business was started or acquired during a marriage, it is considered marital property and should be divided equally. If one spouse owned it before marriage or it was created with separate funds, it could be considered separate property, not a marital asset. However, just because the business interest was acquired prior to the date of marriage, it does not mean that the non-owner spouse is not entitled to a portion of it. Each situation is unique, and it is vital to have a knowledgeable attorney to protect your rights and interests.

Ways to Value a Business

There are three approaches that may be used when determining the value of a business interest, including :

Asset approach: This approach calculates a value using a fairly straightforward equation: assets minus liabilities = value.  Both tangible and intangible assets are included in this approach. Tangible assets may include cash, inventory, real property, and other concrete assets. Intangible assets may include trademarks, patents, and other intellectual property, accounts receivable, and other assets. Although this approach may appear straightforward, it can actually be complex, depending on various factors, including the type of inventory and unrecorded assets and liabilities, which can create significant issues.

Market approach: Using this approach, the value of a business is compared to similar businesses that have been sold in the same geographical area, much like appraisers look at comparables in a neighborhood when determining the value of a home. However, profitability can vary greatly from one business to another and this approach can be challenging when no similar businesses have recently been sold.

Income approach: The most common type of approach that is used to determine the value of a business is the income approach. It uses specific formulas and historical information to determine projected cash flow and profits, and also takes into consideration future benefits and the rate of risk or return.

Unless the business is very small, all of these approaches require legal or financial professionals to investigate and analyze the assets, liabilities, history, finances, and myriad aspects of the business to determine its true value. Business succession planning attorneys are often skilled at this task, as they are quite familiar with the various ways that business may be accurately valued.

At Carosella & Associates, our divorce attorneys and business lawyers in West Chester work collaboratively to guide clients through the valuation process and protect their interests.

This blog was originally posted at https://carosella.com/valuing-a-business-during-a-divorce/

How to Modify a Child Support Order in PA

In Pennsylvania, both parents are required to support their children until the age of 18, sometimes even longer. However, financial circumstances change and child support orders can be modified to reflect those changes. Whether you are looking to increase or decrease a child support payment, it is best to contact an experienced attorney who can help you through the process and ensure your rights and interest are protected.

Circumstances that Warrant a Child Support Modification

Before modifying any child support order, the court will want proof of what has changed since the previous award was granted. There are some general factors that a court takes into consideration when setting a child support order, including

• How much time each parent spends with the child
• All income sources for each parent
• Both parents’ assets
• Household expenses, needs and fixed financial obligations (such as a mortgage)
• The children’s ages and any special financial needs they may have
• Other relevant factors (determined on a case-by-case basis)

When seeking a child support modification, you must present evidence that one or more of these factors has changed or a new relevant factor has come to light. Regardless of the circumstances, it is critical to seek legal counsel to ensure the modification is fair. For example, if you are filing for bankruptcy, it would be a good idea to consult a local bankruptcy lawyer who understands the ins and outs of bankruptcy law in Pennsylvania. Most full-service law firms in West Chester have attorneys who work collaboratively to develop solutions in complex cases, even if they focus on different areas of the law.

Common Grounds for Modifying a Child Support Order

• The parent who pays child support is spending more time caring for the child
• The parent receiving child support is earning more money
• The parent who pays child support is earning less money than they did previously
• The child’s educational, medical or other needs have changed since the initial order was granted
• A child is over eighteen years old and is no longer attending school
• Birth or adoption of another child

It is important to keep in mind that an award may be modified in the other parent’s favor if they present stronger arguments and evidence in response to your petition.

Seeking a Child Support Modification

Desired changes to a support order cannot be applied before you submit a petition for modification with the Domestic Relations Section (DRS) in your county. Once a completed Petition for Modification form is received, the DRS will schedule a conference and send both parties a notice indicating date, time and location to review the facts of the case and discuss the modification. Even if both parents are in agreement, they are required to submit a modification order with DRS. Parents who are incarcerated may appear by phone.

The financial repercussions of a modified child support order can be far-reaching. A divorce attorney can advise you on the most effective course of action and develop strategies that serve your interests and desired outcome.

Do you need assistance with modifying a child support order? Our family law attorneys at Carosella & Associates can help.

This blog was originally posted at https://carosella.com/how-to-modify-a-child-support-order-in-pa/

When can Grandparents Seek Custody of a Grandchild? (recent bill expanded custody rights)

Grandparents often play a vital role in children’s lives, and may step in when a parent is unable to care for their children on their own. In Pennsylvania, courts always consider the best interests of a child when determining custody. It is unfortunate but due to the opioid epidemic, more grandparents have assumed the role of caregiver for their grandchildren. In 2018, the Pennsylvania legislature passed a bill that addresses several issues surrounding child custody, including and expansion of who can file for custody of a child and clarification of the circumstances in which grandparents can seek custody of a grandchild. As with all other child custody matters, courts look to determine “the best interests of the child”.

Grandparents’ Custody Rights

The new law works to resolve the issues raised by a 2016 Pennsylvania Supreme Court ruling that limited the ability of grandparents to seek custody of their grandchildren. It also opens the door for other third parties such as friends, neighbors, or other relatives to file for legal custody. Whether you are a grandparent or another party who is seeking custody of a child, it is essential to seek the counsel experienced family law attorneys who understand how the system works.

Grandparents may file for custody of a child under the following circumstances:

• Upon the death of one or both parents
• Grandparents can seek full or partial custody or visitation if a custody action has already been initiated by either parent, unless both parents believe that contact with the grandparent is not in the best interest of the child.
• The child began their relationship with the grandparents with the consent of the parents or through a court order
• If a grandparent has been acting as a child’s parent, also known as “in loco parentis,” they can file for custody of the child. Under the new law, other third parties who have been acting in loco parentis may file as well.
• Grandparents can also seek custody if there are issues of neglect, abuse, or drug and alcohol dependency.
• If a child has lived with a grandparent for 12 months or more
• When a child’s biological parents cannot be located

If you currently have custody or are seeking custody of a child, it is also a good idea to consult wills and trusts lawyers  or estate planning attorneys for advice about how to protect the child’s interests should something happen to you.

The Court’s Role in Determining Custody

Although keeping children with their biological parents is considered ideal, if this is not possible a court will try to determine which type of arrangement will best serve the child. Courts consider the following factors before awarding visitation or custody:

• The child’s emotional and physical well-being
• The past and current relationship between the child and their grandparents
• If the child is older, the court will ask what their preference is
• The potential influence on a child’s social and intellectual growth

Legal issues surrounding custody and visitation can be complex. If you are a grandparent interested in filing for legal custody of a child, the experienced attorneys at our law firm in West Chester can help.

This blog was originally posted at https://carosella.com/when-can-grandparents-seek-custody-of-a-grandchild/

Are You Facing Criminal Charges in PA? We Can Help

Being charged with a crime can be a frightening experience that can result in serious consequences such as hefty fines, a felony record, and even prison time. Whether you are facing DUI, domestic violence or another type of charge, seeking the counsel of a local criminal defense attorney who understands the nuances of the law is essential to ensure your rights are protected.

When Should You Hire A Criminal Defense Attorney?

The short answer? Immediately. When you’ve been taken into custody, arrested or charged with a crime, the sooner you find legal representation, the better. By law, you have the right to an attorney and are not obligated to answer any questions or say anything without legal counsel present. Law enforcement officers and prosecutors employ all types of tactics that can lead you to say something that can jeopardize your chances of having charges dismissed, or you being acquitted by a judge or jury. An experienced criminal lawyer will talk with you, assess your case and advise you on the best course of action to protect your rights.

What Does A Criminal Defense Attorney Do?

Your lawyer will ask you about every aspect of your encounters with law enforcement, including whether or not you were placed under arrest, read your Miranda rights, or if you made any oral or written statements. It is important for your attorney to evaluate whether the police followed proper protocol when investigating the alleged crime, so make sure to answer all questions as honestly and openly as you can.

Your attorney will also ask you specific questions about the alleged crime. For example, if you have been falsely accused of domestic violence, a West Chester criminal lawyer may ask if there has been a history of violence involving your spouse, partner or another family member.  These types of questions and many others provide your attorney with the information they need to determine how to proceed. The “beyond a reasonable doubt” standard is more difficult to prove than you may think. As your representative, it is your defense attorney’s job to cross-examine witnesses, present alternative theories as to the facts presented, and to cast doubt on any evidence that may be used against you.

Seeking the Counsel of Knowledgeable Local Attorneys Is Vital

Your attorney will be by your side throughout the entire process, from preliminary arraignment to trial.  Based on the facts of your case, criminal lawyers who are familiar with local law enforcement, the local courts, and district attorneys typically have an idea of what to expect. Because they are familiar with the local courts and how they work, your attorneys can better develop effective defense strategies to seek dismissal, negotiate a plea agreement or successfully argue your case in court.

At Carosella & Associates, our legal team has more than 50 years of combined experience in dealing with the criminal courts in Pennsylvania. Whether you are facing felony charges or need assistance with a legal matter involving your business, our defense lawyers and business attorneys can help.

This blog was originally posted at https://carosella.com/are-you-facing-criminal-charges-in-pa-we-can-help/