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Family Law

Pennsylvania 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

Recent Entries: 252

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CHECK YOUR OWN X#X#X# CREDIT

Posted on September 15, 2010
We have recently experienced a surge in claims related to unauthorized use of credit lines including forgeries.  It seems that when the economy turned suddenly in 2008 some folks decided to make their own credit by using that of their spouse. Yes, this is illegal and, yes, it may mean that you are not liable on the debt taken in your name...


LONG TERM SEPARATION: THE "UNDIVORCED"

Posted on August 25, 2010
The New York Times ran an interesting article on long term separations – or the 'un-divorced' as the writer, Pamela Paul calls it – as an alternative to divorces. It raises some interesting points about the benefits – and the complications – of a long term separation...


WHICH STATE DECIDES A CUSTODY CASE

Posted on August 23, 2010
We live in a world where people travel.  And often travel takes them across state lines without their realizing the consequence.  Meanwhile, we need to have rules so that no two states are deciding custody of a child at the same time. The Rennie v...


STUDY SHOWS THAT NON-RESIDENT FATHERS ARE INCREASINGLY INVOLVED WITH THE CHILDREN

Posted on August 23, 2010
With statistics indicating that roughly half of all marriages end in divorce, it is not surprisingly that half of all children in the United States will grow up with their father's living elsewhere. Those statistics include all children, not just those of divorced parents, as recent studies by Penn State University sociologists and demographers Valarie King and Paul Amato (highlighted in a June 16, 2010 article in USA Today) point out...


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"SETTLEMENT ANXIETY" - THE ART OF FORCING COMPROMISE

Posted on August 17, 2010
  Eric Solotoff, a partner in our Roseland, New Jersey office, recently posted a piece on our New Jersey Family Law Blog about his experience with a mediator who sought to apply 'settlement anxiety' on the parties to help force a settlement in the case...


NEGOTIATING THE COLLEGE COMMITMENT

Posted on August 13, 2010
In the process of handling a divorce where minor children are involved it is not uncommon for the parties to at least broach the subject of contributions to an undergraduate degree or vocational training for a child following high school.  This was once a pretty easy subject as Pennsylvania required separated parents to contribute to this form of enterprise from 1963 to 1992...


LITIGATION EUTHENASIA

Posted on August 09, 2010
A recent article by Harvard physician Atul Gawande in the New Yorker discussed how poorly our society does in addressing end of life decisions where a person is afflicted with a diagnosis of terminal disease.  These are questions we don't like to deal with...


THE GORE MARRIAGE: INSTITUTION OR RELATIONSHIP?

Posted on July 29, 2010
This week included a radio interview by WHYY's Marty Moss-Cohane on the subject of the 'graying' of divorce.  The two academicians featured were a historian from the University of Hawaii Stephanie Coontz and a business professor from Penn, Betsey Stevenson...


SOME FREE ADVICE ABOUT MARRIAGE COUNSELING

Posted on July 29, 2010
Every once in a while, a good deed does not go unpunished.  About a month ago I received a call from an acquaintance with whom I worked performing community work several years ago.  Could she stop in and chat?  As one might expect, people do not just stop in to 'chat' with divorce lawyers without some particular thoughts in mind...


PRACTICAL TIPS FOR DIVIDING PERSONAL PROPERTY

Posted on July 09, 2010
Given the current economic climate, divorcing parties are more vigilant than ever about the value and disposition of their marital assets. This article discusses methods and concepts which will help divorcing parties streamline the process of dividing their marital personal property, or personalty, during a divorce...


OVERPAYMENT IN ONE ASPECT OF DIVORCE WILL NOT PREVENT FEE ASSESSMENT IN ANOTHER

Posted on June 30, 2010
 Most people familiar with family law realize that 'divorce' is usually a catch-all term for multiple 'cases within the case' such as child support, spousal support, custody, or equity actions. One Divorce Complaint can open up any number of actions within it which must be adjudicated and addressed in order for the overall divorce to move toward a conclusion...


APPLYING THE NURTURING PARENT DOCTRINE TO SUPPORT CASES

Posted on June 30, 2010
We previously examined a case that considered the 'primary care giver' role where a father was awarded primary custody after demonstrating that he personified that role. Changing custody from mother to father, in that instance, illustrates that designating a party as the primary care giver will not be reflexively applied as a matter of course (i...


RECOILING COBRA PREMIUM SUBSIDIES

Posted on June 28, 2010
COBRA, the convenient acronym for the Consolidated Omnibus Budget Reconciliation Act, is Federal legislation which allows individuals to retain their health benefits for a limited time after they have been voluntarily or involuntarily terminated from their job...


INTER SPOUSAL GIFTS

Posted on June 03, 2010
L. Elizabeth F. Hanbidge, Esquire, an attorney in our Blue Bell office and a new contributor  to our blog, writes: An issue which comes up frequently between divorcing couples is the disposition of jewelry, and whether it is marital property subject to equitable distribution...


DESTINATION DIVORCE--GUAM?

Posted on May 28, 2010
Shereen Arthur, Esquire, an attorney in our Philadelphia office and a new contributor to our blog, writes: Destination weddings have become popular over the years because they can be cheaper and less stressful than a traditional wedding. Can the same be said for a divorce? The concept of the 'quickie' divorce is not a new one, but can a spouse seek a 'destination divorce' as a way to avoid Pennsylvania's residency requirements for a no-fault divorce? To file for divorce in Pennsylvania, one of the parties to the action must be a resident of Pennsylvania for at least six months prior to the date of filing...


SOCIAL NETWORKING EVIDENCE

Posted on May 26, 2010
The explosion of social networking websites in recent years has had some unintended consequences for many people: the details of their life are being downloaded as evidence for Court. The ease of accessibility to your personal life is arguably the greatest aspect of social networking, but also poses its greatest risk to its users...


THE NEW SUPPORT GUIDELINES ARE NOW IN EFFECT

Posted on May 19, 2010
The long awaited update to the Pennsylvania Support Guidelines is now in effect. Please take a look at Mark Ashton's analysis of the new guidelines to see how the changes may affect you, and check back with Fox Rothschild's Family Law Blog for new posts related to the new guidelines and their impact on litigants...


RELIGIOUS DECISIONS IN CUSTODY

Posted on April 29, 2010
Please take a look at a recent blog entry written by Robert Epstein, a family law attorney in Fox Rothschild's Roseland, New Jersey office. Robert wrote about the role of religion in divorce and custody cases and gives some insight into how religious decisions are made in New Jersey custody cases...


Retroactive Support Orders: Disclosing Changes in Circumstance

Posted on April 14, 2010
Modifying an existing support order is a simple action requiring no more than filling and filing a petition asking the court to modify the order based on a 'change in circumstance.'  Often times a 'change in circumstances' means the payee's or payor's employment income has decreased in some way and they want a new Support Order to reflect this fact...


TAX TIME

Posted on April 07, 2010
We have reached April and the spring season; the time of year when divorcing couples either fight over tax deductions or stupidly sign joint income tax returns when they should not. Here are some tips that might save you a call to the lawyer and the bill associated with that call:   1...


A DIVORCE NEGOTIATION PRIMER

Posted on March 26, 2010
We are often asked whether the negotiation process in divorce is admissible in the proceeding. 'If I agree to take the house at $400,000, will that bind me if we can't close on that number and the case goes to trial?' 'If we said we would take 30 months of alimony at $3,000 can I demand more later if my spouse does not accept?' The answer to both questions is yes...


THE NEW (OLD) WORLD OF DIVORCE FINANCE

Posted on March 26, 2010
Like many others our client recently lost his job in the Fall. Realizing that he was not going to quickly replace it in the industry he was trained in, he decided to look into buying a business. He did his research and identified a business he wanted...


PRENUPTIAL AGREEMENTS AND BEHAVIOR INSURANCE

Posted on March 25, 2010
A recent article by Laura Petrecca in USToday highlights a fact which many people forget when considering prenuptial agreements – they are as different as the individuals seeking them. As we have previously discussed on this blog, the law behind prenuptial agreements makes nullifying a prenup a difficult proposition, but it is also worth mentioning that in the creation of a prenuptial agreement, people have the opportunity to truly define how to deal with existing or future assets, conditions for distribution of assets, and any sort of 'behavior insurance' they wish to create...


CONFLICTING CASE LAW ON MARRIAGE OFFICIANTS

Posted on March 18, 2010
 The process of getting married in Pennsylvania requires three basic requirements and one optional requirement: 1) a license must be obtained from the county courthouse, 2) the marriage must be solemnized through a ceremony that is 3) overseen by an officiant, and (optional) followed by occasionally humorous and usually embarrassing speeches from friends and family...


DO NOT METTLE WITH THY NEIGHBOR'S BLACKBERRY

Posted on March 05, 2010
In recent weeks we have been confronted with a number of instances where a person has co-opted a spouse's or a child's cellular phone or other form of Personal Digital Assistant (PDA). They have done this for the purpose of snooping to find out what the other person is doing...


PARENTAL ALIENATION: PROGRAMS SEEK SOLUTIONS TO PARENT/CHILD DISCORD

Posted on February 08, 2010
Parental alienation is one of the most common, and most difficult to prove, complaints a family law attorney gets from a client. Clients often, and not without justification, allege that the other party is actively trying to interfere and undermine their relationship with their child...


GAY EQUALITY IN CUSTODY CASES CONFIRMED AS PENNSYLVANIA LAW

Posted on February 08, 2010
Over the course of the past generation, our society has begun to recognize that sexual orientation has nothing to do with a person's merit as a worker, a parent, or a human being, in general. It is an orientation rather than an aberration, yet our courts do not have the power to create cases or to promulgate laws based on their perception of need for change...


IT'S THE MOST WONDERFUL TIME OF THE YEAR (OR NOT):

Posted on January 21, 2010
It is that time of year again: Tax Season. If you have not already, shortly you will start to receive your 1099's, W-2's and other financial documents needed to prepare your tax returns.  But this year, more so than in prior years, you may benefit from reviewing not only your basic tax forms, but other financial data as well...


CHANGES WITH CHIP UNDER NEW FEDERAL HEALTH CARE LEGISLATION

Posted on January 21, 2010
According to statistics available through CHIP, there are 197,150 people enrolled in CHIP in Pennsylvania. CHIP in Pennsylvania is available to all uninsured children and teens up to 19 years of age, who do not qualify for Medical Assistance. Due to CHIP's eligibility requirements – which has no income limit for eligibility – it is often a viable option for people from a diverse range of economic backgrounds...


THE NEW GUIDELINES HAVE ARRIVED

Posted on January 20, 2010
Much as with a presidential election, the Pennsylvania support guidelines are to be revised by the Pennsylvania Supreme Court once each four years.  Drafts of proposed changes to the guidelines were published in July and December, 2008.  In each instance comment from the legal community and public was invited...


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