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Family Law

Pennsylvania Family Law

Covers alimony, custody, divorce, equitable distribution, and support and offer useful tips.
By Fox Rothschild

Post Frequency: 1.7/day

Last Entry: March 25, 2011 at 15:54:01

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...

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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...

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

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...

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...

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

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...

New Developments in the Area of Adoption Law

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...

Whose Money is it Anyway?

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...

Marriage is Good for Your Health

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 ...

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