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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

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...

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

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...

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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...

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