Gifts Still Not Income in Child Support Proceedings

by bvertz on May 20, 2013

In Suzanne D. v. Stephen W., 2013 Pa.Super. 93 (April 22, 2013), the Superior Court contemplated how to characterize $350,000 in money transfers that father received from his father, in the context of a post-divorce child support proceeding. Father testified that the transfers were loans, evidenced by a promissory note, which would be deducted from [...]

Pennsylvania Courts Examine Full and Fair Disclosure in Family Law Agreements

May 19, 2013 Court Decisions

Marriage and divorce are not cold business transactions. Couples who are about to marry or divorce have emotions and intimate relationships that may compromise their ability to negotiate at arm’s length like business people. For this reason, the law of Pennsylvania prior to 1990 imposed two special requirements upon family law agreements, such as prenups [...]

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Why is Child Support Based on Income, without Considering Expenses?

May 17, 2013 Child Support

As a child support lawyer, I am frequently asked why the Pennsylvania child support guidelines don’t consider a parent’s expenses. Sometimes paying child support makes a parent “see red.”  Parents may experience personal budget deficits when they have to add child support to the list of bills they pay each month. And the court doesn’t [...]

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No PFA Restraining Order with a Hearing, Says PA Court

May 5, 2013 Court Decisions

One of the fundamental rights guaranteed by our Constitution is due process, the right to notice and an opportunity to be heard in court. Laws that impair due process are narrowly construed, but they do exist, such as the law that authorizes temporary protection from abuse (PFA) restraining orders. Under Pennsylvania law, the defendants are [...]

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Double Dip Prohibited in Divorce: IRA Edition

April 19, 2013 Alimony

A recurring issue in divorce litigation is the treatment of marital assets that generate income, such as pensions, rental real estate and businesses. Pennsylvania case law establishes clearly that these assets can be divided as property in equitable distribution or counted as income for alimony, but not both. A recent decision published by Adams County [...]

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Parent’s Role as Primary Caretaker is Relevant but not Paramount under Pennsylvania Custody Law

April 5, 2013 Child Custody

The Pennsylvania custody law, promulgated in 2011, lists 16 factors that a trial court must consider when determining which parent shall have custody of minor children. Already, in the brief time since the law’s passage, the Superior Court has emphasized repeatedly that the courts must consider and articulate all of the relevant factors in its [...]

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Mother’s Secret Tryst Doesn’t Excuse Husband from Paying Child Support for Boyfriend’s Child

April 5, 2013 Child Support

When the Pennsylvania Supreme Court announced its decision last year in K.E.M. v. P.C.S., 38 A.3d 798 (Pa.2012), it changed the face of child support paternity law, applying a “best interests of the child” standard in cases involving paternity by estoppel. An age-old concept, “paternity by estoppel,” means that a man who acts as though [...]

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Dividing Pensions in Divorce Requires Advance Planning and Thoughtful Settlements

April 3, 2013 Court Decisions

Some clients and lawyers question why I am so meticulous in specifying certain details when I settle divorce cases. A recent unpublished decision of the Superior Court brilliantly illustrates the hazard of vague settlements involving marital property, justifying my fastidiousness. In Rissmiller v. Rissmiller, No. 124 MDA 2012 (February 26, 2013), Husband and Wife entered [...]

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Teen Who May Have Been Abused Should Testify in Domestic Violence Hearing

March 29, 2013 Court Decisions

“Be careful what you ask for. If you tell the authorities that your ex committed child abuse and cannot prove it, your credibility might be doubted when you really need it later.” That’s the advice I would give to the Father who successfully appealed in T.H. v. M.H., No. 1204 WDA 2011 (February 25, 2013), [...]

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How Strong is the Presumption in Favor of Parents in Grandparent Custody Cases?

March 27, 2013 Child Custody

A recent grandparent custody case developed a schism among the judges of the Superior Court in an unpublished opinion, two judges voting in favor of the grandparents and one judge dissenting. In M.M. and M.M. v. A.M. and B.M., No. 2308 EDA 2012 (February 20, 2012), a custody dispute pitted the mother of an 8 [...]

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