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PRACTICE COLUMNS
Family Law
Parenting Coordination in Pa.: an Update on an Evolving Topic
Friday, July 11, 2008
The hot topic in custody nowadays seems to be parenting coordination. Whether the appointment of a parenting coordinator, or PC, is a psychological and sociological step forward or an improper delegation of legal authority has yet to be determined.
SPONSOR SPOTLIGHT
Statute Requires Collection of Child Support Arrears From Injury Settlement
Tuesday, June 10, 2008
The Pennsylvania Superior Court recently addressed the application of the relatively new Domestic Relations Statute 23 Pa.C.S.A. Section 4308.1 pertaining to "Collection of Overdue Support for Monetary Awards," in the case of Faust v. Walker. Interestingly, the appellant in this case was the domestic relations office of the Dauphin County Court of Common Pleas.
Child Support Modification Retroactive to Date of Misrepresentation
Tuesday, April 8, 2008
In Pennsylvania, a modification to a child support/spousal support/alimony pendente lite order will generally be retroactive to the date that the petition for modification is filed.
Child Support Ordered for 19-Year-Old With Physical Disability
Tuesday, February 12, 2008
In the recent Pennsylvania Superior Court case of Kotzbauer v. Kotzbauer, the Superior Court affirmed the trial court's granting of child support to a mother of a 19-year-old college student with a physical disability.
Incarceration Now a Change in Circumstances to Modify Child Support
Tuesday, December 11, 2007
The recent Pennsylvania Superior Court case of Nash v. Herbster is a case of first impression with regard to the effect of the new Subsection (f) to Pennsylvania Rule of Civil Procedure 1910.19 regarding support modification.
Sexual Assault Alone Does Not Establish Standing in Protection From Abuse Cases
Tuesday, October 9, 2007
In the recent case of Scott v. Shay, the Pennsylvania Superior Court held that a victim of a sexual assault who is not a family or household member as defined under the Protection From Abuse Act does not attain standing under the act by virtue of the sexual assault itself.
Threatened, but Not Filed, FMLA Suits - Settle at Your Own Risk
Wednesday, August 29, 2007
On July 3, the 4th U.S. Circuit Court of Appeals reinstated and reaffirmed a decision that it had previously vacated regarding whether employees, without approval of a court or the Department of Labor, may settle and release claims, both prospectively and retrospectively, under the Family and Medical Leave Act.
Supplemental-Needs Trust Is Considered Income in Child-Support Case
Tuesday, August 14, 2007
In the recent case of Mencer v. Ruch, the Superior Court held that the income from a supplemental needs trust created pursuant to New York state law from the proceeds of a personal injury action should be considered income for child support purposes.
First Impression: Bifurcation
Under the Amended Divorce Code
Tuesday, June 12, 2007
The case of Bonawits v. Bonawits marks the first time the Superior Court of Pennsylvania has been faced with a bifurcation action under the amended Pennsylvania Divorce Code.
Sensitivity Is Paramount
In Fight Over Child's Remains
Tuesday, April 10, 2007
The recent case of Kulp v. Kulp marks the first time that the Superior Court has been faced with the issue of whether a trial court, in a divorce action, may order the division of the cremated remains between the parents of a deceased child.
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