When a business owner in Pennsylvania owes child support, he or she may consider whether to include the retained earnings that are not distributed to owners in calculating child support.  A recent decision of the Superior Court (non-precedential) answers this question by making reference to a previous child support decision.  In M.J. v. S.J., No. 747 […]

Parents Held in Contempt of Custody Order for Chronic Tardiness and Spurious CYF Investigations

July 23, 2014 Child Custody

Pennsylvania parents who have custody orders may experience frustration when the other parent does not comply.  A recent decision of the Superior Court (unpublished) affirmed the Montgomery County courts, holding both parents in contempt for various violations of their custody order.  In M.B. v. L.G., No. 2947 EDA 2013 (July 18, 2014), the father of a […]

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Parent’s Obligation to Pay for College Does Not Justify Child Support Adjustment

July 16, 2014 Child Support

Parents who are paying for their children’s college tuition in Pennsylvania may wonder if they are entitled to an adjustment of the support obligation for their minor children who have not yet entered college.  The Superior Court recently addressed that issue in an unpublished decision, M.J. v. S.J., No. 747 WDA 2013 (July 16, 2014).  The […]

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World’s Most Expensive Divorce

May 31, 2014 Family Law News

She got less than half, but divorcee Elena Rybovleva, ex-wife of Russian fertilizer king Dmitri Rybovlev, age 47, can hardly complain about what she received in her recent divorce, billed as “the world’s most expensive.”  Out of a $12+ billion fortune, a Swiss divorce court carved out more than $4.5 billion for ex-wife Elena. The stakes were high.  The New […]

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Overcoming the Presumption of Joint Title – Convenience Property

May 31, 2014 Court Decisions

A Pennsylvania resident who is pursuing a divorce might be concerned about property that is titled in their name for the convenience of a family member, like an elderly parent or a child who has poor credit. A new decision of the Superior Court (unpublished) outlines a legal argument for keeping that property out of the hands […]

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Can Divorced Exes Remain Partners in Business?

April 24, 2014 Complex Financial Issues

Business owners in Pennsylvania who are seeking a divorce may be encouraged to hear that it is possible to remain business partners even while dissolving the marital relationship. According to U.S. Census Bureau statistics, 3.7 million small businesses are owned by married couples. Many of them face divorce each year, placing their businesses at risk […]

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Suspicion of Fraud Will Not Defeat Divorce Settlement Agreement

April 14, 2014 Complex Financial Issues

Couples who have settled their divorce in Pennsylvania may recall that divorce settlement agreements are final and enforceable only if there has been a full and fair disclosure of marital assets. A recent decision of the Pennsylvania Superior Court tests this principle in a case where one spouse suspected that her husband may have been […]

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Child Custody Alienation Tactics Backfire

April 10, 2014 Child Custody

Parents who are facing custody disputes in Pennsylvania may be interested in understanding how child alienation tactics are viewed by judges in Pennsylvania courts. A recent decision of the Pennsylvania Superior Court (unpublished) illustrates the perils that may befall a parent who engages in alienation tactics.  In B.E. v. D.N., No. 1894 EDA 2013 (April […]

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16-Factor Custody Analysis Not Always Required, Says Superior Court of PA

February 4, 2014 Child Custody

Presumably, opinions of the Superior Court are published when, in the estimation of the Court, they articulate important principles of jurisprudence. So, the Superior Court was sending a message to family law practitioners when it chose to publish M.O. v. J.T.R., 2014 Pa.Super. 15 (February 4, 2014). M.O. is a custody case in which Mother […]

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Prenup Interpretation is Controlled by Context

January 20, 2014 Court Decisions

A non-precedential decision of the Superior Court, Morabito v. Morabito, No. 878 WDA 2013 (January 17, 2014) might provide a little window into the minds of our judiciary when interpreting prenuptial agreements.  The marriage in this case lasted nearly twenty years before the wife filed a complaint in divorce.  Wife initially challenged the validity of […]

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