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PRACTICE COLUMNS
Family Law
Calculating Child Support: Private School, Stock Options, Perks and 401(K)s
Monday, October 19, 2009
The recent Pennsylvania Superior Court case of Murphy v. McDermott provides the family law practitioner with reminders and clarifications as to calculating a party's income for support purposes.
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Entire Amount of Attorney Fees Request Warranted in Child Support Case
Tuesday, August 11, 2009
On April 8, 2008, The Legal Intelligencer published my article regarding the Pennsylvania Superior Court case of Krebs v. Krebs (hereafter referred to as Krebs I).
Superior Court Rules Child Support May Survive Payor's Death
Tuesday, June 9, 2009
It is understood by family law practitioners that child support generally terminates upon the emancipation of the child or the death of the payor.
Pa. Child Custody Jurisdiction Lost Despite Parent Remaining in Pa.
Tuesday, April 14, 2009
In 2004, the commonwealth of Pennsylvania adopted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The UCCJEA replaced the Uniform Child Custody Jurisdiction Act, or UCCJA. It was believed that the UCCJEA would solve many of the problems that occurred under the UCCJA regarding child custody jurisdictional disputes.
Factors to Consider in Divorces During Hard Economic Times
Friday, March 13, 2009
With a Democratic president and a larger Democratic majority in Congress, we have already seen significant changes in tax laws and federal legislation affecting different aspects of our lives. What will these new laws mean for our divorcing clients and how should our clients change their legal strategies in anticipation of these new laws?
Incarceration Terminates Child Support, Remits Arrears in Plunkard
Tuesday, February 10, 2009
As most family law practitioners are aware, the 2007 Pennsylvania Superior Court case of Nash v. Herbster was a case of first impression applying the then fairly new Rule 1910.19(f) to incarceration as being a substantial change in circumstances for purposes modifying or terminating child support, after considering the official comment to said rule.
Court Orders Attorney Fees in Child Custody Contempt Case
Tuesday, December 9, 2008
The recent Pennsylvania Superior Court case of Hopkins v. Byes reiterates that it may be appropriate for a trial court to order attorney fees against a party found in contempt for failing to follow a child custody order.
Wimmer v. Wimmer
Thursday, October 16, 2008
Although husband?s counteraffidavit was not properly verified, the court allowed him to amend and correct his improperly verified document rather than lose any legal rights via a technical error. Motion to strike counteraffidavit granted; husband granted leave to properly verify.
Janosik v. Janosik
Thursday, October 16, 2008
A hearing officer properly based husband?s support obligation on his unemployment compensation rather than assigning him a higher earning capacity where husband?s termination was not an attempt to avoid his support obligation. Affirmance recommended.
Perfetto v. Clark
Thursday, October 16, 2008
Father will not be awarded equal periods of custody as mother where the child had thrived in mother?s primary custody and staying in mother?s care would provide stability for the child. Petition for modification denied.
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