Family Law

COUNSEL FEES

Posted on November 04, 2009
We are involved in a relatively simple case.  Wife is a homemaker only recently returned to work.  Husband is a mortgage broker.  Like many couples they became a bit over committed in the real estate market of the last few years. They wanted to participate in the real estate gains of the last few years and some of their investments had not panned out...

CUSTODY EVALUATIONS

Posted on October 21, 2009
Whenever there is a deep-seated dispute concerning which parent, if either, should have primary physical custody of a child, a question commonly asked is whether the Court should have the benefit of a formal custody evaluation.  These studies, most often undertaken by psychologists, attempt to evaluate the relative parenting skills of the parents and seek to measure those skills against the perceived needs of the subject child...

NOT SO FAST

Posted on October 01, 2009
The Wall Street Journal edition for August 22, 2009 features a fine article by John Freeman which the author describes as a 'manifesto for slow communication.'  What made it all the more real was the experience of the past two days.  The most memorable moments of that period were: (1) a colleague telling me that a client's effort to start a new business was gravely set back by an errant 'reply to all email' and (2) the experience of watching a family of six sit down to a Saturday night dinner in a local restaurant whereupon half the family immediately reached for their hand held devices...

SOME PRACTICAL ADVICE ABOUT MONEY

Posted on September 22, 2009
There are two reasons family law will always be a busy area of practice.  The reasons are that there are two subjects we do not teach in school: conflict resolution and money management.  If people could manage their money or the conflict in their lives, the divorce business would be in for a major downturn...

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REAL ESTATE AS AN INVESTMENT

Posted on September 21, 2009
Lawyers are not financial advisers but we do lots of real estate transactions and for most divorce clients, the largest asset in the portfolio is the family home.  So in just about every matrimonial case, there is the inevitable question.  Should we hold or is it time to fold? It's always good to study the data...

PRIMARY CARETAKER DOCTRINE/CASE LAW SUMMARY

Posted on September 11, 2009
Significant weight is often given to parents considered to be the caretaker for a child. Once a custodial schedule is established, the parent with partial and not primary physical custody often feels that, barring dangers to the health and welfare of the child, it is impossible to reverse the situation and become the primary custodial parent...

THE COST OF COLLEGE

Posted on September 02, 2009
In recent years the numbers are so frightening, people tend to mention them only in a whisper or with the caution that 'of course we are getting some scholarship money'.  But here is the data published by the College Board for 2008-2009 based upon its averages...

AND YOU THOUGHT YOUR HOUSE WAS YOUR BIG INVESTMENT?

Posted on August 25, 2009
If you are not one of those people anxiously awaiting the latest revision to the Pennsylvania support guidelines, you may be in a minority.  We have no news to report on this subject except that the recommendations of the rules committee have been sent to the Supreme Court for their review and approval...

WHAT'S WITH THIS CUSTODY MEDIATION STUFF?

Posted on August 20, 2009
If a lawyer actually listens to a client, some times there is a sense of disappointment that the client has not articulated, but, nonetheless, is present to behold.  I received a phone call from a client tonight.  He had spoken with a court appointed custody mediator who had explained to him how mediation works in Pennsylvania...

"WE'RE TAKING THIS TO THE SUPREME COURT, BABY"

Posted on August 07, 2009
As one might expect family court is a pretty emotional place to be and at least once or twice a year a distressed litigant with an unhappy result is heard to utter the words found in this title. We thought it might be of some interest to report on how appeals work and if the Supreme Court is a place where relief can be had...

HEALTH INSURANCE AND DIVORCE: GOOD NEWS IN SMALL PACKAGES

Posted on July 22, 2009
As Congress finally tackles the larger issue of health care reform, many Americans are struggling with a small but vital issue; their own health insurance.  This has become a tough commodity to find at any price and each change in coverage offers the risk that existing illnesses or conditions may be excluded from coverage...

THE CHILD'S DUTY TO SUPPORT A PARENT

Posted on July 20, 2009
Almost twenty years ago I was asked to speak to the State Conference of Trial Judges about what then seemed to be a fairly arcane subject; whether adult children could be sued for support by their parents or by individuals or entities providing their parents with necessities...

Guardianship and the Incapacitated Person

Posted on July 09, 2009
Family law is often narrowly viewed as issues affecting custody, support and divorce. Many families, however, also find themselves in Pennsylvania's Orphans' Court grappling with issues concerning adoption and incapacitated persons. We live in an age when medicine often allows the body to last longer than the brain...

The Prisoner Controversy

Posted on July 09, 2009
Part of what makes the law fascinating is that there are certain legal issues that have no clear solutions. In many cases, both sides have equal merit. The matter of whether incarceration should reduce or eliminate a support obligation is one such question...

THE EMANCIPATED CHILD

Posted on June 23, 2009
We are commonly asked how long child support lasts in Pennsylvania. This is a relatively easy question to answer but one with both a history and some varying results.  By statute and case law, the duty to support a child ends when the child has reached age 18 or graduated from high school, whichever comes later...

SHHHH! DON'T TELL MY LAWYER

Posted on June 23, 2009
Clients have a sixth sense for things that are problematic. Unfortunately, that sense is coupled with a tendency to freeze and avoid talking about the problem. Often times, clients prefer to ignore the problem, or assume that it will solve itself...

ASSISTED REPRODUCTIVE TECHNOLOGY

Posted on June 12, 2009
It seems as if, more and more, the classic story (boy meets girl, boy falls in love with girl, boy and girl get married, have a house full of babies and live happily ever after) needs a little help from science. The Center for Disease Control reports that as of 2002 approximately eight percent (8%) of women of reproductive age attended an infertility related medical appointment at some point...

A CHILD SUPPORT CASE BOTH BIG AND RICH

Posted on June 12, 2009
Although our law firm has litigated several of the largest support cases decided in Pennsylvania the matter of how much support children need is one of endless controversy for those who have household net incomes exceeding $20,000 per month. We are often asked to offer second opinions or discuss those cases we have tried...

RELOCATION OF CHILDREN IN CUSTODY CASES; THE PENNSYLVANIA PERSPECTIVE.

Posted on June 05, 2009
We live in a mobile society.  We also live in a society that experiences a high rate of divorce.  These two facts make for some of the most contentious litigation found in the domestic relations world.  It is the fight over whether one parent, usually the one with primary physical custody, can take a child to another state to reside there on a permanent basis...

LIENS ON REAL ESTATE; WHAT ARE THEY AND HOW DO THEY WORK

Posted on May 28, 2009
This short memorandum will send any competent real estate lawyer into fits of hysteria. Lien law is some of the most complex real estate law one can encounter. But ordinary people bang into these kinds of problems every day and especially so when parties are separated from one another...

ASSISTED REPRODUCTIVE TECHNOLOGY

Posted on May 28, 2009
In the past, I have blogged extensively about the legal, medical and value-based decisions made in the case of the unmarried California woman who gave birth to octuplets, while having six other children at home. Enough! I just returned from an ABA conference in Baltimore regarding the legal aspects of assisted reproductive technology (ART)...

TOO MUCH MONEY FOR TOO LITTLE FIGHT

Posted on May 22, 2009
It was Monday morning in Media, Delaware County, Pennsylvania. The daily 'list' of special relief petitions had almost thirty matters on it for disposition. The good news was that ten of them had either been withdrawn or 'continued' to a later date...

SIZING UP THE LITIGATION; AN EXAMINATION OF COST VS. BENEFIT

Posted on April 30, 2009
For some segments of our society litigation is part of everyday life. Insurance adjusters make their living out of measuring damages and assessing the risk and cost of doing battle over insurance claims.  As such, they make judgments every day as to whether a particular claim is something they want to fight over...

HOW WILL THE COURT VALUE YOUR BUSINESS?

Posted on April 28, 2009
In this changing economy, how will the courts value your business? Will the Court use the date you separated from your spouse or the date that the assets and debts are divided? Unless one of the limited exceptions exists, the courts will value a marital business as close to the date of distribution as possible...

THE ESSENTIALS OF THE PENNSYLVANIA PRENUPTIAL AGREEMENT.

Posted on April 28, 2009
Under Pennsylvania law, traditional contract law principles have been applied in cases addressing the validity of prenuptial agreements. At the same time the case law held that for a prenuptial (i.e., premarital agreement) to be valid there had to be either a fair provision for the financially weaker spouse or a full disclosure...

WHEN GRANDPARENTS SEEK CUSTODY IN PENNSYLVANIA

Posted on April 27, 2009
Pennsylvania automatically gives grandparents the right to file for custody if the parents of the grandchildren are divorced, separated, or if one of the parents is deceased.    The public policy of the Commonwealth is to provide children with 'continuing contact' with grandparents when a parent is deceased, divorced, or separated...

MEDIATE, ARBITRATE, NEGOTIATE: WHAT'S A CLIENT TO DO?

Posted on April 09, 2009
More and more clients are asking us whether they should 'mediate' their divorce. It is clear from the nature of the way the question is posed that they perceive mediation as both more fair and, lower in cost. This can be true. But before we select an option, it would be wise to examine what mediation means and how it compares to the rest of the menu...

Thoughts About "Octo-Mom"

Posted on April 09, 2009
It seems that the continuing saga of the single California woman who gave birth to octuplets, while having 6 other children at home is akin to watching a car crash.  You really do not want to look, but you are transfixed, watching the damage occur almost in slow motion...

DEATH AND DIVORCE: A CONTEST IN INCOMPATIBILITY

Posted on April 09, 2009
Until 2005 and a series of amendments to the Pennsylvania Divorce Code the law of Pennsylvania was quite clear. If one party died before a decree of divorce was entered and all appeals had expired, the divorce was over. In re Estate of Bullotta, 798 A...

STOCK OPTION DEVELOPMENTS

Posted on March 26, 2009
Over the past twenty years the landscape of executive compensation has changed markedly.  One new feature is the appearance of executive stock options as a form of compensation.  Stock options are a device by which key employees are granted the right to purchase shares of stock at a given price...

A TEST OF CHARACTER AND A SAVINGS IN COST

Posted on March 24, 2009
The purpose of a blog is not to recount war stories.  But war stories can be illustrative.  We represent a client whose wife is a homemaker.  She has the skill set to seek employment as a teacher but, for a variety of reasons, some reasonable, some not, she has not sought employment...

A REMINDER THAT THE WORLD OF BANKRUPTCY HAS CHANGED

Posted on March 13, 2009
Attorneys in our firm recently taught a seminar on the preparation of marital settlement agreements.  The seminar touched upon the subject of bankruptcy and its effect upon obligations undertaken as part of a divorce settlement.  We have noted also that in reviewing property settlement agreements prepared by our colleagues at the bar, many have not become familiar with the changes brought about in this area by the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act...

HOW MANY ARE TOO MANY?

Posted on March 13, 2009
One of the most highly publicized stories this year concerns the mother who gave birth to octuplets after in vitro fertilization and implantation. She already had six other children which were conceived in the same way. Legal, medical and social issues were raised by reporters and commentators...

WHAT SHOULD I DO?

Posted on March 10, 2009
Do I stay or do I go? This is not an easy question to answer. If you are contemplating a divorce and your spouse says 'If you leave, I will bury you'; or  'If  you continue to see her, you will never see your children again'.  What do you do? Are these reasons or statements enough to cause you to remain in the marriage; or, do they have the opposite effect making you say to yourself  'I better leave now because it's now or never'...

PRE-DIVORCE PLANNING

Posted on March 06, 2009
For those contemplating divorce, pre-divorce planning is essential especially in these difficult economic times.  Before meeting with a lawyer, the first issue is 'How do I select one?'  Talking to friends who have gone through the process is an excellent start as well as checking out lawyers by reputation...

THE WAIT IS OVER:EXPEDITED APPEALS PROCESS FOR CASES INVOLVING CHILDREN

Posted on March 03, 2009

WHEN IT COMES TO ERISA, FOLLOW THE RULES

Posted on February 23, 2009
It is a common scenario. When a couple divorces, one or both spouses may have a retirement plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). The most common ERISA retirement plan is the 401(k). As with other assets, those ERISA retirement plans must be divided and/or distributed between the spouses...

CHILD CUSTODY AND PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION

Posted on February 23, 2009
One residual effect of a divorce action is that a child may have to change schools and interrupt a comfortable and reliable routine and schedule which likely includes their participation in sports and extracurricular activities. And though a majority of parents would prefer their children to remain in their current school and school district, there are times when it is a necessity, either as a product of a new custodial arrangement or parental relocation...

Innocent Spouse Relief - New Form has Traps for the Unwary

Posted on February 11, 2009
In a recent blog we wrote about the liability that attaches to filing a joint tax return. It is an important issue to consider. But there can be relief from joint liability if one qualifies as an ”innocent spouse”, a term defined by the Internal Revenue Code...

STARTING A FAMILY, PART II

Posted on February 05, 2009
Last month, I blogged about starting a family the old fashioned way in the face of infertility and/or other impediments. Adoption, whether domestic (US) or foreign, is the most popular way of starting a family when biology fails us. As technology grows, Assisted Conception has grown to be a viable option...

FOR LOVE OR MONEY

Posted on February 03, 2009
As practitioners we advise clients that if they cohabit after they have been divorced they will most likely not receive alimony. 23 Pa.C.S.A. § 3706 provides that, “no Petitioner is entitled to receive an award of alimony where the Petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the Petitioner within the degrees of consanguinity...

KID INTERVIEWS IN CHILD CUSTODY PROCEEDINGS

Posted on January 21, 2009
It is fairly common for clients to want to build a custody proceeding around the fact that a son or daughter has enunciated a preference toward one parent or the other. A fairly common question posed to attorneys is: How old does my child have to be before he or she decides with whom to live? The answer does not involve any bright line test...

PROPERTY SETTLEMENT AGREEMENTS: BE CAREFUL WHAT YOU SIGN UP FOR

Posted on January 19, 2009
Most of us do not spend our spare time reviewing recent amendments to the US Bankruptcy Code. But if you are contemplating or going through a divorce a bit of attention is warranted because the 2005 amendments to the law change the landscape of what occurs when bad times come about...

THE BERNARD MADOFF INVESTMENT CLUB

Posted on January 09, 2009
In case you are one of those driven under a rock by the economic news of the past few months, you may have missed the latest news.  One of Wall Street’s most prominent investment advisers appears to have walked off with $50 billion dollars in what may qualify as the largest Ponzi scheme in world history...

"I WANT YOU TO SHOW HOW AWFUL SHE IS"

Posted on January 08, 2009
Divorce lies at the confluence of Character and Money; two streets that don’t intersect snugly. Time and again, as lawyers we are asked to “expose” the character of the other spouse so the Court may fully appreciate what a lowlife you chose as your life partner...

ADOPTION IN PENNSYLVANIA

Posted on January 08, 2009
I frequently blog about custody issues. However, at the start of the new year, I thought it apt to blog about beginnings, especially beginning a family. Many people want a child to raise and love. That desire transcends race, age, marital status and gender issues...

SO WHY IS IT NOT 50/50?

Posted on December 16, 2008
At most initial interviews we listen to what clients tell us to be the history of the marriage and the asset pool we are addressing and attempt to predict an equitable distribution result.  Sometimes our predictions are very accurate; sometimes they are not...

DID THE "INCREASE IN VALUE" CASE JUST SINK INTO THE SWAMP?

Posted on December 11, 2008
We are litigating several cases currently where much of the value that is subject to equitable distribution comes from an increase in the value of assets that were in the hands of one spouse prior to marriage or gifted to one spouse only during the marriage...

DIVORCE 101: HOW TO SAVE LEGAL FEES & HOW TO WASTE YOUR OWN TIME

Posted on December 09, 2008
 Lawyers have not been well-regarded since the days before Shakespeare suggested that we should all be executed. The lament has been the same; we do too little, charge too much.  We foment dispute.  But, as much as the American public ranks lawyers right down there with Congressmen and carjackers when it comes to popularity, the short of it is that we have more lawyers than ever before and we are told that demand is projected to continue to increase in the years ahead...

MERRY ????? HAPPY????? HOLIDAY????

Posted on December 09, 2008
I handle a lot of custody matters. At this time of year, families where the parents and/or grandparents are not living together have similar and stressful issues. Everyone wants their child’s holiday to be a happy and memorable one. After 2 decades of working with children and families and after consulting with child psychologists about what children need, I’ve learned a few things that might be helpful for you and your children...

NOW YOU CAN ESTIMATE CHILD SUPPORT IN YOUR OWN HOME

Posted on December 04, 2008
No need to drive to hearings or hire high priced lawyers.  If you google PA Child Support Home Page or go to www.childsupport.state.pa.us you will travel to a website that allows you to calculate the amount of support due using Pennsylvania’s guidelines...

TRUSTING THE ESTATE PLAN: HOW TRUSTS WORK WELL FOR THE HAPPILY MARRIED BUT CONFUSE THE RIGHTS OF THOSE WHO ARE NOT.

Posted on November 17, 2008
All married couples should have an estate plan. For those with special needs or large estates estate planning often involves the creation of trusts.  Trusts are a device by which the owner of property conveys it to others to hold for a defined purpose...

"IS IT TRUE THAT I WILL BE DIVORCED 90 DAYS AFTER I FILE?" and "WHAT'S A LEGAL SEPARATION?"

Posted on November 13, 2008
Ask any divorce lawyer in Pennsylvania to specify the two most common questions he or she might encounter in an initial interview and the answer will inevitably include one or both of the questions recited in the title. The second question is easy to answer...

MORTGAGE DEVIATION IN SUPPORT

Posted on November 06, 2008
We have had support guidelines in Pennsylvania since 1984.  The effort was part of a federal initiative to see that all families with similar levels of income paid comparable child support. A few years ago the Supreme Court of Pennsylvania modified the rules to give recognition to the fact that home mortgages represented a disproportionate amount of household expenses by creating what is called a high mortgage adjustment...

WHAT TO TELL YOUR CUSTODY LAWYER

Posted on November 03, 2008
There is nothing worse than being in a legal battle regarding who gets to see and care for your child(ren). Usually the battle is with the other parent, but sometimes it is with a grandparent or other family member, or a local child welfare agency...

NOT THROUGH GOOD TIMES, BUT THROUGH BAD

Posted on November 03, 2008
While anecdotal reports seem to indicate that divorce is on the rise because of the current economic situation, Fresno County, California and Comanche County, Oklahoma are both reporting a substantial drop in the number of divorce filings this year. According to data published by the county, Miami-Dade County, in Florida, was experiencing an eighteen percent drop in divorce filings in the first half of this year as compared to 2007...

JUST HOW DO TRIALS WORK?

Posted on October 29, 2008
Having been through a spate of trials and hearings over the past few months, it has come to our attention that many clients have little familiarity with how courtrooms actually work.  Ironically lawyers assume that clients know how trials work.  Litigation is what we do every day...

DO I NEED A BUSINESS APPRAISER? AND JUST WHAT IS A FORENSIC ACCOUNTANT?

Posted on October 06, 2008
  Many of our clients either own their own businesses or are married to people who do.  In divorce the value of the business is a material aspect of equitable distribution and needs to be considered both for the income it produces and the value the business has...

OWNER, KNOW THY BUSINESS

Posted on September 28, 2008
Today was a support trial.  We represented the regular wage earner.  The wife was the owner of a small business. She was suing for support. The business had seen a 40% growth in revenue but wife contended that she could not make more than a $1,000 a month, less than half of what she was paying her only full time employee after five years of operations...

THE DANGEROUS TRENDS IN ELECTRONICS

Posted on September 25, 2008
Events of this past week have revealed a dangerous trend. For those with children who are school age psychologists are reporting an epidemic of conduct they term cyber-bullying.  The concept that one child could effectively bully or coerce another through computer or cellular phone contact seemed attenuated...

COVER YOUR BUMPER

Posted on September 23, 2008
In the scheme of things, worrying about car insurance while n the process of divorce may seem unimportant. You likely have other, more pressing issues to address, such as who is getting the house, or the pension, or Thanksgiving with the kids. So long as the existing policy is being paid, it is easy to assume you are covered...

ADVICE FOR TROUBLED TIMES IN THE MARKET

Posted on September 21, 2008
This is written on September 17, 2008 the day of a 500 point drop in the Dow Jones Industrial Average and a little more than a week after two of the largest financial institutions in America entered government receivership. Two of our best established investment banks have disappeared and a little more than twelve months after the 2007 mortgage crisis came into focus, it is still not clear whether we are headed into the storm or the worst is behind us...

THE PERSONAL PROPERTY ROADSHOW

Posted on September 19, 2008
  Although the Bible tells us we should not covet property, the plain truth is that we do and we spend lots of time acquiring what lawyers call personalty. Most of us like to own things and nothing makes us happier than to acquire things that are rare, handsome or both...

Implications of international child custody decisions

Posted on August 28, 2008
Judy McIntire Springer, a partner in our Philadelphia office, blogs for The Legal Intelligencer.    Read her July 29, 2008 posting, Moving Back to the United States from Abroad on habitual residence and its implications for international child custody decisions...

Superior Court Affirms Decision to Allow Mother to Relocate to Virginia with Child

Posted on August 27, 2008
As a family law practitioner, I find custody cases in which one parent seeks to relocate with the children the hardest to predict and I have heard from numerous others, including judges, that I am not alone in that sentiment. The only consistent outcome in relocation cases seems to be that the losing side will likely appeal the trial court’s ruling...

A Divorce Lawyer's Dilemma

Posted on July 27, 2008
A Client calls you at midnight obviously distressed. It is your observation that the client may have taken prescribed drugs which she has now combined with some alcohol. She claims that she is anxious as a result of Husband’s abusive language and his daily barrage of threats...

Divorce Dilemma - Self-Help vs. Level Head

Posted on July 27, 2008
It is a thirty year marriage and the parties have one child. They have been separated for approximately one year. In addition to their principal residence, the parties own a beach property in Maryland. The parties have been alternating use of that property for the last two summers...

New Proposed Support Guidelines for Pennsylvania

Posted on July 27, 2008
During the last week of June, 2008 the Supreme Court’s Domestic Relations Procedural Rules Committee published for comment by the bar and the public at large new guidelines for support of children. The comment period is open until October 31, 2008 and comments are to be directed to the Committee’s counsel, Patricia Miles at 5035 Ritter Road, Suite 700, Mechanicsburg, PA or, via email to patricia...

More on International Custody Issues

Posted on June 23, 2008
Judy McIntire Springer, a partner in our Philadelphia office, has written two excellent posts on International Custody Issues and litigating under the Hague Conventions for the Legal Intelligencer Blog.   To read the first of the posts, click here...

International Custody Disputes and the Hague Conventions

Posted on June 21, 2008
In cases where one parent has removed a child from one country to another country to prevent the other parent from exercising custody, the Hague Convention and the Uniform Child Custody Jurisdiction Act (“UCCJA”) govern international custody disputes so long as the countries involved are signatories to the Hague Convention...

In Divorce, There Often is Not Enough Money to Go Around. But Child Support is a Given

Posted on June 21, 2008
When parties separate, money inherently becomes a key issue because it is not possible to support two households at the same level with the same income that previously supported just one household.  And in most cases, one party files for child support...

Known Sperm Donor Has No Duty for Payment of Child Support

Posted on June 07, 2008
The Pennsylvania Supreme court recently decided that under certain circumstances a sperm donor who is known to the mother may not have to provided child support for the child(ren) conceived through artificial insemination.Although the facts of the case are fairly unique, the holding by the Court was written after looking at the increasingly-common area of assisted conception and the absence of PA laws on the topic...

Why You Need a Divorce Lawyer, Whether You Are A Lawyer or A Client

Posted on June 06, 2008
Divorce ("Family") Lawyers are a strange breed.  Usually, they strongly believe in love, marriage, and protecting children in unhappy homes. Yet they spend their day giving advice to angry, sad, depressed or hopelessly in love clients as family ties are unraveling...

High Conflict Custody Cases - "Get Some Credit in the Bank"

Posted on June 05, 2008
My client calls me and says "I can't get him to agree to anything.  I feel like if I say 'black', he says 'white', just because.  The kids are suffering.  What should I do?"I always advise my clients to take the high road when it comes to their children...

Who Gets the Family Photos?

Posted on June 05, 2008
In a recent case, I saw a Judge direct his sheriff to handcuff a mother and send her to jail for failing to give the father the family photographs so he could make copies. Prior to that hearing, there was a Court Order requiring the mother to do so, and she refused to follow it...

Clients Can Help - 14 Tips for the Client Going Through a Divorce

Posted on March 30, 2008
Like most litigants, the end result and the cost of legal representation are among the most important concerns of anyone involved in a family law dispute. With these concerns in mind, clients frequently ask me if there is anything they can or should be doing to reduce the time I need to spend on their case or to help move things forward...

Another Medical Tip on a Legal Blog: Its Good for Your Health to Argue with Your Spouse??!!

Posted on March 26, 2008
I blogged last week about an article in the Philadelphia Inquirer that discussed a study that said it was good for your blood pressure to be in a healthy marriage.Today CNN reported on a study that shows that one way to reduce your risk of death is to argue with your spouse...

Money Matters! And Even More So in A Slow Economy.

Posted on March 25, 2008
How people managed their money during the marriage often effects their respective views on how they should resolve their economic differences during the divorce.  If one party controlled the money during the marriage, then he or she is likely to want to control its disposition in the divorce...

New Developments in the Area of Adoption Law

Posted on March 23, 2008
In December, 2007 I blogged on the issue of having a child through surrogacy or adoption. In that blog, I noted that the time in which biological parents can challenge their consent to adoption is quite long in Pennsylvania. Recently, the Pennsylvania Superior Court issued a new opinion which shortens the time period by interpreting the law in a stricter fashion...

Whose Money is it Anyway?

Posted on March 22, 2008
Whenever people start to think about divorce, they think about all the money they have—or don’t have—and why their spouse should or should not get any of it. Many of our firm’s blog entries, as well as those on other sites, discuss specific assets or they discuss why people may not get what they think is fair...

Marriage is Good for Your Health

Posted on March 21, 2008
Although not really related to the practice of domestic relations law, I read an article in the Philadelphia Inquirer on March 21, 2008 that reported on a study  conducted with respect to the effect of a good marriage on blood pressure.  The results were that happily married people had the lowest blood pressure, followed by single people...

DATE OF SEPARATION - TOUGH TO DEFINE

Posted on March 14, 2008
As practitioners, clients often ask us about filing for a "Legal Separation". While Pennsylvania does recognize the term, the "factual" date of separation may be important in valuing assets (non-marital assets are generally valued from date of marriage to date of separation) and for setting the date for when the grounds for a divorce may exist ...

THINKING ABOUT METAL

Posted on March 14, 2008
Historically, we have often been asked about the valuation of jewelry and coins as part of the equitable distribution process. This has never been a very interesting topic over the years as, in most cases, the mark-up on these personal effects is so high that there is often very little value left after the appraiser finishes charging his or her fee...

Custody Cases - Timing is Everything (180 Days or Else)

Posted on February 08, 2008
If a custody case is not scheduled for trial within 6 months of the complaint, or praecipe of a party, it will be dismissed. Dietrich v. Dietrich, 923 A.2d 467 (Pa. Super. 2007).As family law practitioners, we are often waiting long periods of time for our custody cases to be listed for trial...

Tips for the Divorced Parent for Traveling with Children

Posted on February 08, 2008
As Spring Break and the summer approach, you may want to think about your travel plans if you are separated or divorced from the child's other parent.  If you already have a custody schedule in place, you should make sure that you abide by the terms of the Agreement, which oftentimes includes giving notice to the other party in advance and providing your travel and contact information...

The Impact of Divorce on Children

Posted on January 31, 2008
For good reason, most people have concerns about their children during their divorce proceedings.  No parent wants their child to be affected by divorce, so here are some tips from a divorce attorney’s perspective to help minimize the effect on your children...

Will My Child Support Obligation Ever End?

Posted on January 31, 2008
In Pennsylvania, parents have a duty to support their children until the children are emancipated.Whether a child is emancipated depends on the facts of each particular case. In the vast majority of cases, once a child turns 18 and has graduated from high school, the child is emancipated...

Should I Fight To Claim the Kids on My Tax Return?

Posted on January 23, 2008
Generally, Pennsylvania law provides that the parent who has primary physical custody of the child is entitled to claim the dependency exemption, and the child tax credit, on his or her income tax return.  If the parents share physical custody, the parent who earns more income is entitled to claim these tax benefits...

What is a "Custody Parent Coordinator" and Does My Client Need One?

Posted on January 09, 2008
You are a lawyer who is getting calls from your client on every detail of his custody schedule.  Or you are a parent, and you and your former spouse can not agree on even the most minor issue of the custody schedule.  If you fit into either of these categories, a Custody Parent Coordinator may be very beneficial in the situation...

Sperm Donors Are Not Required to Pay Child Support

Posted on January 09, 2008
For the first time, the Pennsylvania Supreme Court considered whether a sperm donor has to pay child support payments for the children resulting from his donation.  The case is Ferguson v. McKiernan, and the Court ruled that no child support is due...

The Family Law Attorney's Secretary

Posted on January 02, 2008
I work very closely with my secretary.  She is my “left and right hand”.  I could not be the attorney I am without her.  And I know, because there was a period of time when she was not with me.  In any event, I asked her to take a shot at a blog regarding the misunderstandings clients may have when it comes to her duties and responsibilities...

The Cost of Custody Litigation When Allegations of Abuse Exist

Posted on January 02, 2008
Contested child custody matters are the most legally and emotionally difficult matters to be dealt with in family law.  They certainly are the most difficult to resolve - costly, contentious and complex. An amicable resolution is generally not common...

WHEN YOU REALLY WANT TO HAVE A CHILD

Posted on December 14, 2007
The urge to have children is very strong for many people, whether couples or singles.  The urge is not restricted to people in a committed relationship or couples of different genders.  When the “old fashioned way” won’t or can’t work, adoption or assisted conception are the other options...

Another Take on Whether I Need a Prenuptial Agreement

Posted on December 13, 2007
It is common knowledge that 50% of all marriages end in divorce. However, what most people do not realize is that 50% of all marriages – not people – end in divorce.  This statistic is so high due to the divorce rate in second, third (and if you dare, fourth, fifth, ...

WE DECIDED TO DIVORCE; DO I WANT THE HOUSE?

Posted on December 10, 2007
Divorce results not only in severing a personal relationship, but also terminates an economic one. The division of marital property, or “equitable distribution,” is part of the divorce process in Pennsylvania and results in the distribution of all marital property acquired by one or both parties during the marriage...

And The Client Asks: Do I Have To Disclose All Of My Assets?

Posted on December 08, 2007
We often get calls regarding "divorce planning", a/k/a "How do I hide assets?"First, plainly and clearly:  You can't hide assets for a myriad of reasons.  If the misrepresentation takes place in a litigation setting, the failure to disclose assets brings to bear many different consequences, ranging from incurring the ire of the Court to potentially (but not usually) perjury charges...

Inheritances: Can I Keep My Money??

Posted on December 07, 2007
We are often asked by clients how to protect an inheritance received during the marriage in the event of a divorce?  In Pennsylvania, marital assets typically include any asset received by either spouse during the course of the marriage.  Inheritances are one exception to this general rule...

One Family Law Practitioners Way to Ease the Stress

Posted on November 29, 2007
I have been practicing family law for over 26 years.  To ease the pressure of this practice, I resort to making rhymes about my work.  Here is one dealing with Prenuptial Agreements.I DOCome live with me and be my brideTo acquire an estate, to equitably divide...

HIGH INCOME SUPPORT CASES ARE NOT AFFECTED BY SHARED PHYSICAL CUSTODY

Posted on November 27, 2007
Most child support cases in Pennsylvania are decided based upon the Pennsylvania Support Guidelines ("Guidelines") found at Pa.R.C.P. 1910.16-3.  The Guidelines are utilized for any case in which the parents’ combined net monthly income is $20,000 or less...

Who Does Family Court Favor?

Posted on November 25, 2007
In some cases, I am the 2nd lawyer in a case.  The "new" client comes into my office and asks what I can do because obviously the courts "favor the other sex".  I say this because many women cannot believe how the family courts favor men, and many men cannot believe how the family courts favor women...

A "TOP SEVEN" LIST OF MISCONCEPTIONS REGARDING PENNSYLVANIA FAMILY LAW

Posted on November 16, 2007
The following is my "Top 7" list of "family law misconceptions" that I frequently hear from new or prospective clients.  The list is by no means exhaustive and assumes that there is no pre or post-nuptial agreement in place which might already address the issue...

"Not Another Brittany Spears Article"

Posted on November 12, 2007
No, this is not about Brittany Spears, but it is about how courts determine custody arrangements between two parents who cannot agree.The legal determination that a court must make is what is in the best interest of the child. This gives the court a lot of power and each custody case is different because each child and each set of parents are different...

What To Do With An Inheritance or Gift In An O.K. Marriage

Posted on November 05, 2007
Accountants and estates attorneys can serve an important role in advising their clients how to plan for their financial futures.  One thing to consider is whether the client will be married or divorced.  If your client receives an inheritance or gift from a third party while they are married, the client should be advised what to do with the funds...

Shared Physical Custody - Statutory Factors and Practical Considerations

Posted on November 01, 2007
At the core of Pennsylvania custody law is the concept that courts should seek to promote the best interests of the children involved. In the past, courts have been reluctant to grant equally-shared physical custody of a child in an effort to provide a more constant, regular home life for minor children...

MARRIAGE: IF YOU WANT IT DONE RIGHT, DO IT YOURSELF

Posted on October 29, 2007
I posted a blog last week discussing a recent decision in which a marriage was declared invalid because it was officiated by an internet-ordained minister.  Interestingly, a subsequent decision by the United States District Court for the Western District of Pennsylvania indicates that a marriage ceremony, regardless of whether it is religious or secular in nature, can be valid without having it solemnized by any 3rd party...

LANGUAGE VS. REALITY - WHO GETS SUPPORT IF A CUSTODY AGREEMENT ISN'T EXACTLY CLEAR

Posted on October 26, 2007
Here’s a dilemma – the custody agreement says “primary physical custody to dad”, but mom has the child 9 out of 14 nights in every two week period. What should a court do when dad files for support, based upon the language in the agreement saying he has primary physical custody? Although not directly on point, our Superior Court has held, in Riley v...

Siblings, Not Just Spouses, May Be Subject to Abuse

Posted on October 26, 2007
In a recent decision, the Superior Court of Pennsylvania found that siblings not just spouses may be subject to abuse and, therefore, afforded the protections set forth in the Protection From Abuse Act in Pennsylvania (the “PFA Act”).  In Custer v...

"I Do" (Unless Things Don't Work Out and The Marriage is Officiated by an Internet-Ordained Minister)

Posted on October 25, 2007
“Marriage ceremony: an incredible metaphysical sham of watching God and the law being dragged into the affairs of your family.” - O.C. Ogilvie. Despite googling  “O.C. Ogilvie,” I was unable to determine for what he was famous, other than the above quote...