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Blog Posts in 2015

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Are post-separation disability payments "marital", under Pennsylvania law?

The Pennsylvania Superior Court recently dealt with the question of whether post-separation disability payments are marital. In Yuhas v. Yuhas, the husband was a vascular surgeon who developed carpal ...
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Can a PA court modify an alimony stipulation reached by the parties?

In a case of first impression, the Pennsylvania Superior Court dealt with an alimony stipulation between Husband and Wife. The stipulation modified a court-ordered alimony award. The question was: May ...
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Under Pennsylvania law, which country has jurisdiction for a custody case?

In the case of S.K.C. v. J.L.C., 94 A.3d 402 (Pa. Super. 2014), the Superior Court of Pennsylvania dealt with proper jurisdiction to modify a Pennsylvania custody order for a 14 year old girl. The ...
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School bus service for PA children with shared custody

In a landmark decision, the Pennsylvania Supreme Count dealt with parents who shared physical custody of a child and lived in the same school district. Father requested the school district to provide ...
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Child Protection Law in Pennsylvania

Pennsylvania has 23 new child protection laws, enacted in the wake of the Jerry Sandusky scandal. Most of these laws came into effect on December 31, 2014. These laws dramatically impact custody, ...
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Enforcing a settlement agreement 7 years after the violation

Husband and Wife married back in 1988 and were divorced in 2003. As part of their divorce settlement, Husband agreed to pay Wife a percentage of the proceeds from the sale of stock from his business, ...
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Where to hold a custody trial in PA?

Courts may only decide cases that fall within their jurisdiction. "Jurisdiction" provides the boundaries for the court's reach. Venue determines the most convenient and appropriate ...
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How to Survive Ashley Madison

So, your loved one (or you) has been Ashley Madisonized. And now you are splitting up. What should you do next for divorce or custody? A brief guide for the perplexed. 1. Get calm: Do not make any ...
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PA Courts can modify Tennessee custody order

In the disturbing case of T.A.M. v. S.L.M., 104 A.3d 30 (Pa. Super 2014), Father and Mother shared custody in Tennessee from the child's birth in 2004 until Mother's disappearance in 2011. ...
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Big Change for Allegheny County PA family law

Family Division litigants in Allegheny County, Pennsylvania are now subject to a new requirement. As of June 22, 2015, all Motions must now include a certififcation that the litigants have "met ...
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Should I Get a Divorce?

Our firm often gets asked by clients, "Should I get divorced?" While this is one of the few questions we cannot answer for you, as it is highly personal in nature, we have established some ...
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War of the Roses: LA Style

What happens when two super-rich LA attorneys divorce? Super-drama, of course. The Feldstein-Gregora case features claims of envelopes stuffed with cash, rampant paranoia, secret overseas funds and ...
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Legal test to label someone as a child abuser.

In a recent superior court case (85 Pa. Super. 2014), the court was faced with the question of whether a mother committed child abuse upon her daughter. The facts of the case are awful. The young ...
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Custody and travel: A Superior Court decision

When a trial court makes a custody determination, it has the benefit of being present at the trial, assessing the credibility of witnesses personally etc. So, when an appeals court reviews a custody ...
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Know your judge: Kathryn Hens-Greco

If your Allegheny County Pennsylvania case has a judicial suffix of "004", then you have Judge Kathryn Hens-Greco as your judge. Brief Biography Judge Hens-Greco got her undergraduate degree ...
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Legislative Alert: Major change coming for the 2-year PA divorce waiting period?

Parties can seek a divorce as soon as 90 days after the service of the Complaint in Divorce, if they both agree to move forward. But what happens if one party does not want to move forward with the ...
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Inherited IRA's and bankruptcy

Retirement funds such as 401K's, IRAs and 403b accounts are generally protected in bankruptcy. That is, retirement accounts are not reachable by creditors but instead remain with the holder, even ...
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A tool for squabbling co-parents: Our Family Wizard

OurFamilyWizard is a website and software program for co-parents. It was created in 2001 and is extremely popular, having been used by more than 100,000 families. It is also widespread, having been ...
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Case Notes: Attaching a disablity fund to pay Pennsylvania alimony

The issue of attaching a disability fund with a "non-attachment clause" in order to pay alimony was the subject of the recent Pennsylvania Superior Court case of Uveges v. Uveges, 103 A.3d ...
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Taxes and military pensions in a divorce

In previous blog posts, we discussed the difficulties in dividing a military pension in a divorce. It can be done, but it needs to done carefully and with full knowledge of the process. In fact, no ...
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Tax filing status during divorce proceedings

Which tax filing status can you choose during a Pennsylvania divorce proceedings? The first thing to understand is that your tax status is determined by your marital status on December 31 of the tax ...
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Social media and family law

Family lawyers are increasingly using postings on Facebook, Instagram, Twitter and other social media in their domestic litigation. The most common intersection is with custody, but damaging postings ...
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What is a bifurcated divorce?

What is a bifurcated divorce? A bifurcated divorce is a process where the divorce decree is granted before the economic issues associated with the divorce are resolved. Regular or simple divorce cases ...
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Prenuptial Agreement: Why you need one

You are not getting married with the intention of getting divorced. But almost half of marriages end in divorce. There are many things you can do to keep a marriage strong. But there is only thing you ...
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Counsel fees and custody

A common question I receive: "How often can my ex drag me back to court"? The answer to this really depends on the individual facts of the case. But in custody matters, the court is ...
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