February-2012
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Women Unchained: the Struggle to Secure a Jewish Get -
Feb 19
Jewish women of the Orthodox faith may encounter obstacles unknown to most women when divorcing. A new documentary film, Women Unchained (2011), explores the plight of Jewish more...
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Rental Real Estate Valuation in Divorce -
Feb 10
Valuation of commercial real estate and rental properties is an issue that arises in high-asset divorce proceedings. Real estate appraisal is sometimes performed within a more...
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New Child Support Rule Requires Informed Consent -
Feb 2
The child support guidelines were amended in December 2011, when the Supreme Court Domestic Relations Rules Committee enacted Rule 1910.11(d)(3). The new rule, which is more...
January-2012
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What is 2-2-5-5 Shared Custody? -
Jan 26
There are many ways to describe a custody arrangement. The new Pennsylvania custody law, enacted in 2011, defines the terms we frequently use in describing more...
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Gallagher: Tax Court Reviews Business Valuation Principles -
Jan 23
The opinions of the U.S. Tax Court in estate valuation cases can be instructive guidance on legal and valuation principles that are equally relevant to divorce cases. A more...
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Child Witness May Testify About Abuse -
Jan 21
On remand from the U.S. Supreme Court, the Pennsylvania Supreme Court has affirmed the conviction of a father who twisted and broke his 7 month-old son's arm. Com. v. more...
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Submit 2011 Medical Expenses for Reimbursement Now -
Jan 19
Under the Pennsylvania support guidelines, parents (and spouses who are receiving support) may be entitled to receive reimbursement of their medical expenses that were not more...
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INS Immigration Affidavit (I-864) Creates Enforceable Spousal Support Obligation -
Jan 9
In a ground-breaking decision, the Pennsylvania Superior Court recently vacated a trial court order refusing to enforce contractual support obligations under a more...
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Trial by Ambush in Child Support Cases? -
Jan 6
For the third time in several months, a panel of the Superior Court has considered whether to require litigants to plead specific grounds for modification of child support. more...
December-2011
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Tracing Nonmarital Property -
Dec 12
A recent Superior Court decision, Childress v. Bogosian, 2011 WL 61616 (2011), illustrates the challenge of tracing nonmarital property in divorce. Under Pennsylvania law, more...
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PA Supreme Court Custody Decision Interprets Counseling Provision of New Law -
Dec 8
The Supreme Court of Pennsylvania has issued its first decision interpreting the counseling provision of the newly-enacted custody statute. In cases where a parent has been more...
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Personal Injury Award is Marital Property, Says Pa. Supreme Court -
Dec 5
Stare decisis is a central principal of jurisprudence. That's why it's big news when a court explicitly overrules a long-standing precedent. The Pennsylvania Supreme Court more...
November-2011
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3 Point Action Plan for Divorce -
Nov 29
When I meet with new clients, I listen to their unique circumstances, inform them about the legal framework in which their case will be resolved, and develop an action plan more...
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BV Source Becomes Family Law Source -
Nov 28
For the past three years, I have published family law news and analysis on my legal blog. My blog was named BV Source because of my initials and my blog's emphasis on more...
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Can I Use Take-Home Pay to Calculate Child Support? -
Nov 23
The latest episode of my podcast, Making Divorce Easier, deals with an issue that arises frequently in child support proceedings. Calculating child support requires knowing more...
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Paying Child Support Electronically with ExpertPay -
Nov 15
Last week I posted about methods of paying child support in Pennsylvania. This week I want to highlight a couple of electronic methods of paying child support, which might be more...
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How to Pay Child Support in Pennsylvania -
Nov 10
"How do I pay my child support?" is a question I am frequently asked by clients. Pursuant to federal and state law, child support orders must be paid via wage attachment more...
October-2011
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2011 Child Support Law Update -
Oct 25
Once again this fall, I am the course planner, author and lecturer for the child support portion of Family Law Update, an annual survey of the latest developments in more...
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Introducing “The Anti-Antagonist” -
Oct 12
Those who know me know that I encourage settlement. Of course, there are times when we must go to war, but often we end up making peace, sometimes even after a battle or more...
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Brewing Up a Cure 2011 -
Oct 9
This event was so much fun, I decided to post a picture. Here's me with two members of the Steel City Derby Demons, a Pittsburgh women's roller derby team that competes in more...
September-2011
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Text Messages as Evidence in Child Support and Divorce Proceedings -
Sep 30
The increasing use of electronic communications, from Facebook to text messaging, has challenged our courts to determine what is admissible evidence in family law hearings. more...
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Pennsylvania Child Support Guidelines Amended -
Sep 22
The Pennsylvania child support guidelines were modified slightly on August 3, 2011, effective September 3, 2011. 1. Shared Custody Adjustment. The guidelines grant a more...
August-2011
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Child Support Contempt Defendants Not Entitled to Counsel, Says U.S. Supreme Court -
Aug 16
Child support contempt defendants are not entitled to court-appointed representation even in cases where incarceration is threatened, says the U.S. Supreme Court, but the more...
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Double Dip and Goodwill Considered by Wisconsin Supreme Court -
Aug 15
Last month the Wisconsin Supreme Court weighed in on two issues that are important to family lawyers and their clients who operate professional practices like physicians, more...
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IRS Eliminates Two Year Limit on Innocent Spouse Equitable Relief -
Aug 5
In July 2011, the IRS changed its policy that once imposed a two year limit on innocent spouses seeking certain forms of relief from tax penalties and interest caused by more...
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Hello world! -
Aug 1
Welcome to WordPress. This is your first post. Edit or delete it, then start more...
July-2011
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Why Hire an Expert for Child Support or Divorce Litigation? -
Jul 19
From my experience as a matrimonial lawyer, I can easily understand my clients' perspective on legal and professional fees. They want to spend as little as possible, and more...
June-2011
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5 Settlement Documents that Divorcing Business Owners Must Have -
Jun 8
When business owners get divorced, their settlement may have profound consequences for the business and other owners. Often, one spouse “sells” or gives up a share of the more...
May-2011
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Military Divorce Law -
May 7
Recently in one of my cases (several, actually), I have encountered complex issues involving military retirement benefits for retired servicemembers. Fortunately, there is a more...
April-2011
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Superior Court Finds No Jurisdiction in Interstate Case (UCCJEA) -
Apr 13
One of the most-respected judges to sit in Family Division here in Allegheny County, Hon. Eugene B. Strassburger, Jr., recently ascended to the Superior Court of more...
March-2011
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Homeschooling Children Does Not Justify Alimony, says Superior Court -
Mar 19
In Kent v. Kent (March 18, 2011), the Superior Court of Pennsylvania rejected a parent's argument that she should be entitled to collect alimony for a period of eleven years more...
February-2011
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Divorce – Your First Legal Strategy Decisions -
Feb 17
The initial weeks of a marital separation are probably the most turbulent, uncertain part of the divorce process. The first few choices that spouses must make when they are more...
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Iowa Rejects Rule of Thumb Business Valuation in Divorce -
Feb 11
A recent decision of the Iowa Court of Appeals illustrates the perils of reliance upon industry rules of thumb to value a business in matrimonial litigation. In Marriage of more...
January-2011
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Divorce and Guns – Can They Backfire? -
Jan 28
A recent decision by the Superior Court of Pennsylvania, Smith v. Yusavage (unpublished), got me thinking about the problems surrounding gun ownership for spouses facing more...
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Making Divorce Easier Podcast Launched! -
Jan 26
My friend Karl Schieneman, who is an expert in the field of electronic discovery and operates a national podcast (ESI-Bytes), got me started this week on my own podcast, more...
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Entrepreneurs at Greater Risk of Divorce? -
Jan 3
The holidays have given me some time to catch up on my overdue reading list. One article I recently caught was Inc. Magazine's November 2010 article on entrepreneurs who more...
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Does Payroll Tax Holiday Create Right to Modify Child Support? -
Jan 3
Before it adjourned in December, the previous Congress passed a sweeping income tax reform bill designed to extend the Bush tax cuts for a couple more years. One important more...
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2010 Family Law Update – Child Support, Spousal Support, Alimony Pendente Lite -
Jan 1
I recently posted a page containing the power point slides from my 2010 presentation to the Pennsylvania Bar Institute. The conversion from MacBook to PowerPoint to more...
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Best of 2010 in Pennsylvania Divorce Law -
Jan 1
This time of year, nearly every magazine and website is publishing a Best-of-2010 article. I won't buck the trend, because it's a good opportunity to review the interesting more...
December-2010
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What’s the Hullabaloo about Balicki? -
Dec 12
In Balicki v. Balicki, 2010 Pa.Super.134 (2010), the Superior Court affirmed the trial court's decision to discount the value of an insurance business, based on the more...
November-2010
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New Custody Law On Guv’s Desk -
Nov 19
In a surprise vote earlier this week, the Pennsylvania House passed HB1639, the sweeping custody reform legislation that has been held up in committee for nearly ten years. more...
October-2010
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Obtaining Credit Card Records from Bank of America -
Oct 15
It can be frustrating to obtain records from large, decentralized financial institutions like Bank of America. You can send them an authorization signed by their customer, more...
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529 College Savings: Overlooked Asset in Divorce? -
Oct 6
Parents who are experiencing divorce may be confused about how to deal with savings that have been set aside for their children's college educations. The most common methods more...
September-2010
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10 Cash Flow Rules In Divorce (Part I) -
Sep 28
In business, they say, cash flow rules. The same principle is true, I find, in divorce. I have been brainstorming a set of cash flow "rules" for divorcing spouses. Here is more...
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U.S. News & World Reports Names PBKG to its “Best Law Firms” List -
Sep 17
I am pleased to announce that U.S. News & World Reports, in conjunction with The Best Lawyers in America, has named my law firm, Pollock Begg Komar Glasser LLC, as one of more...
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Scientists Says These Dance Moves Will Attract Women -
Sep 17
OK. It's Friday afternoon, late in the summer, and perhaps my judgment is off but I thought this was amusing. University research scientists in the UK have published a study more...
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Judges are Deciders, not Investigators, in Divorce Litigation -
Sep 16
A recent post on BVLaw (culled from the materials for the BVR Summit on Business Valuation in Divorce, going on now in Chicago) reminds us that pre-trial discovery and more...
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Lump Sum Divorce Payment: Exempt Property in Bankruptcy -
Sep 9
In Re Miller, 424 B.R. 171 (M.D. Pa. 2010) Wife/Debtor filed a chapter 13 bankruptcy petition, in which she attempted to classify an “income maintenance award” of more...
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Blazer: Double Dip Still Moribund in California -
Sep 8
Last year I had the privilege of attending the BVR/Morningstar Summit on Best Practices in Business Valuation in Divorce, which will be held this month in Chicago. more...
August-2010
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Brian Vertz Named To “Best Lawyers 2011″ -
Aug 10
My firm PBKG LLC is proud to announce that five of our partners (David Pollock, Todd Begg, Candice Komar, Dan Glasser and Brian Vertz) have been named to the 2011 edition of more...
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Alimony Tax Gross-Up Approved -
Aug 9
In Balicki v. Balicki, 2010 PA Super. 134 (July 30, 2010), the Superior Court considered the husband's argument that the alimony order provided more income to his ex-wife more...
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Top Five Things to Do if You Are Separating -
Aug 6
[This is a re-post of a popular article that I wrote and published a year ago on this site. ~BCV] It’s never easy to take the first step on any journey. When you are more...
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Massachusetts Authorizes Post-Nuptial Agreements -
Aug 4
The Supreme Judicial Court of Massachusetts ruled recently that agreements between spouses who plan to continue their marriage but wish to define their legal rights and more...
July-2010
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Facebook Cheating -
Jul 15
News stories were posted today on CNN.com and VanityFair.com claiming that a growing number of people are using Facebook to cheat on their spouses.... and getting caught! more...
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Kids and summer jobs: Some tax reminders -
Jul 12
My friends at Crawford Ellenbogen LLC know a lot about taxes. One of their principals, Victor Dozzi CPA, recently sent me a great tip about kids who are earning income from more...
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Exclusive Possession of Marital Residence -
Jul 7
A thorny issue that arises early in many divorce proceedings is the question of who may live in the marital residence during the separation period. Generally speaking, the more...
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International Child Support and Custody Disputes -
Jul 5
An article in the ABA Journal this month focuses attention on the growing problem of international child support and custody disputes. With the advent of global travel more...
June-2010
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How is Marital Property Different from Community Property? -
Jun 28
In Pennsylvania, marital property is divided in a process known as equitable distribution. The method prescribed by the Divorce Code is a "dual classification" equitable more...
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Credit Cards and Divorce -
Jun 26
Divorcing spouses often ask me about credit card debts and loans. While a divorce court may assign responsibility for paying credit card debts and loans that were incurred more...
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New York’s No-Fault Divorce Bill -
Jun 26
The advance sheets have been cold lately, so let's take a brief look at New York's recent effort to pass a no-fault divorce law. New York is the fiftieth and last state to more...
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It is Worth Taking Advantage of an Ex? -
Jun 12
A New York Times columnist, The Ethicist, recently published a question from a divorcing spouse, pondering whether it was ethical to keep quiet about errors that a judge or more...
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Do Not Let Divorce Dissolve Your Family Business -
Jun 8
While doing research on corporate control issues recently, I came across the following article, published by The Wilmington Trust, a venerable private wealth management more...
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Fair Value Standard Rejected by Colorado Supreme Court -
Jun 5
The Colorado Supreme Court, in Marriage of Thornhill (June 1, 2010), held that it would not mandate the "fair value" standard for valuation of business in divorce more...
May-2010
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Abbott Dissent: Opposing View on Hague Convention -
May 20
Yesterday, I posted a summary of Abbott v. Abbott, 530 U.S. ___ (May 17, 2010), in which the U.S. Supreme Court held that a Chilean non-relocation order was a "right of more...
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SCOTUS Rules on International Custody Case: Child Removed in Violation of Non-Relocation Order Must be Returned -
May 19
The U.S. Supreme Court issued a ruling on Monday in an international custody case governed by the Hague Convention on the Civil Aspects of International Child Abduction. In more...
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Should You Prepare for Custody Mediation? -
May 8
The Jon and Kate divorce provided another example this week of what to do - and what not to do - in divorce situations. The Gosselins were ordered this week to attend more...
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Buy-Sell Controls Value of Medical Practice in Texas Divorce -
May 5
Texas has once again proven itself to be a haven for the affluent divorcee. In Mandell v. Mandell, 2010 WL 1006406 (March 18, 2010), the Texas Court of Appeals held that a more...
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Who Really Needs a Cohabitation Agreement? -
May 3
A former client recently asked me to prepare a cohabitation agreement. It was heartening to hear about her successful new relationship after a tough divorce. It had been a more...
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Another State Stops Child Support for College Students -
May 1
A decision issued two weeks ago makes South Carolina the latest state to overturn its laws granting child support to college students. In Webb v. Sowell (April 19, 2010), the more...
April-2010
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Constructive Notice is Sufficient in Child Support Cases -
Apr 30
In Murphy v. Murphy, a recent Superior Court decision, the father appealed a support order entered in absentia because he claimed that he never received notice of the June more...
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Premature Termination of Child Support Reversed, Affirmed -
Apr 27
In the recent Superior Court decision, Castadi v. Castaldi, the Domestic Relations Section mailed notices to the child's mother inquiring whether child support should more...
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USA Today Says Prenups are “In” -
Apr 8
An article published recently in USA Today reports that prenuptial agreements are more acceptable today to couples who are engaged than at any time in the past. Nearly more...
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New Case Law – Business Valuation in Divorce -
Apr 7
Two articles from BV Wire recently caught my attention. Both deal with business valuation in divorce cases where personal goodwill was an issue. I will post my own analysis more...
March-2010
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Spouses Have Bathroom Privacy Rights -
Mar 11
A link on How Appealing alerted me to a recent decision of the Minnesota Court of Appeals, finding that a person has a right of privacy from being videotaped while alone in a more...
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Divorce Court’s Power to Regulate Business -
Mar 4
An issue that befuddles some business owners during the course of their divorce litigation is how to regulate the operation and management of their businesses. In cases where more...
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Six Most Important Child Support Cases -
Mar 1
For each of the past four years, I have been privileged to teach lawyers about the latest developments in child support as one of the hosts of Family Law Update, a satellite more...
February-2010
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Wealth Survey Finds Pittsburgh, Philadelphia Aren’t -
Feb 23
Pittsburgh ranks #325 and Philadelphia ranks #360 in a recent survey of the wealthiest American cities, conducted by Portfolio.com, a website operated by American Business more...
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Hidden Assets in Divorce -
Feb 13
The South Carolina Family Law Blog contains a great list of frequently-overlooked or hidden assets in divorce. Some of the more interesting items are: 1.Frequent flyer more...
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Pennsylvania: Alimony Factors -
Feb 3
What factors inflence a spouse's eligibility for alimony after divorce under Pennsylvania law? Under Pennsylvania law, post-divorce alimony “is a secondary remedy . . . more...
January-2010
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New PA Child Support Guidelines: Cause for Modification -
Jan 31
Parents who are paying or receiving child support under the Melzer formula for high-income cases (where the parents' combined net incomes is over $20,000 per month) should more...
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What’s Your Divorce Pattern? (China Pattern, That is) -
Jan 25
The Guardian ran a news story today about a London department store where they've established a new kind of gift registry .... for divorcees. Perceptively, the Debenhams more...
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iPhone App Reveals Spousal Spying -
Jan 21
A new application developed for iPhone - ironically called iTrust - records the keystrokes of an unwitting interloper when the application is activated. For the price of a more...
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Dividing CRATs and CRUTs in Divorce -
Jan 19
A recently-issued IRS ruling (Rev.Rul.2008-41) addressed the issue of whether a charitable remainder annuity trust (CRAT) or charitable remander unitrust (CRUT) can be more...
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Divorce Legal Fees: Tax Deductible? -
Jan 16
This time each year, divorce lawyers everywhere face the same question from clients: are my legal fees are tax-deductible? For guidance on the subject, I turn to the more...
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Four Associates Named Rising Stars -
Jan 15
A constellation of Rising Stars has ascended! My law firm, Pollock Begg Komar Glasser LLC, is proud to announce that four of our associates - Stephanie Jablon, Dana Levine, more...
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New PA Child Support Guidelines -
Jan 13
For months now we have been telling our clients that a change in the child support guidelines was imminent. On January 12, 2010, our predictions were realized: the more...
December-2009
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Sad about Divorcing? It will Get Better in Time -
Dec 26
[This post originally appeared on BV Source in July 2009.] It’s natural to feel sad about divorcing. A marital separation or divorce can bring changes that cause stress or more...
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Divorce: Coping with the Holidays -
Dec 24
[This post originally appeared on BV Source in November 2009.] The winter holidays can be fun and relaxing, but at times they can also be stressful or disappointing. The more...
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Fleeing Spouse Cannot Drag Husband to Court in Another State -
Dec 23
I am pleased to announce another Superior Court success story, which will be published soon. In Gaboury v. Gaboury, the wife left the marital residence in Wisconsin and moved more...
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Tiger and the Text: “Digital Lipstick” on His Collar -
Dec 17
My friend Cheryl Hepfer appeared on a recent episode of the ABC News program "Nightline" to discuss how marital cheaters are being caught these days: their racy text more...
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Perhaps They Could be Divided 50%-50% -
Dec 12
The Supreme Court of North Dakota has been asked to decide whether breast implants should be identified as marital property and valued for divorce purposes. Clearly, the more...
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Tiger Woods Elin Nordegren Renegotiating Prenup? Why? -
Dec 4
The Chicago Sun-Times, Huffington Post, and The Daily Beast are reporting that Elin Nordegren, the wife of golfing billionaire Tiger Woods, is demanding that Woods more...
November-2009
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Berlusconi Alimony: $65 Million Per Year -
Nov 30
News sources are reporting (here and here) that Italian prime minister and TV-network billionaire Silvio Berlusconi may be facing an alimony obligation as great as $65 more...
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Divorced and Separated Parents: Coping with the Holidays -
Nov 25
The winter holidays can be fun and relaxing, but at times they can also be stressful or disappointing. The downside of the holiday season is a special challenge for families more...
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Father’s Rights: Growing Trend in Custody? -
Nov 23
A series of articles published last month in Working Mother magazine claims that men who seek custody of their children in contested divorces are winning just as often as more...
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Parent Held Not Liable under “Verbal Agreement” to Pay College Expenses -
Nov 19
The Superior Court of Pennsylvania will be publishing my successful result in Mackay v. Mackay (2009), a case in which a parent attempted to enforce a casual conversation more...
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Effectively Waiving Retirement Benefits in a Settlement Agreement -
Nov 18
During the statewide broadcast of PBI's Family Law Update today, my colleague David Ladov asked me to post the features that a marital settlement agreement would have to more...
October-2009
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Official PA Child Support Calculator -
Oct 23
I have added a new page to my site with links to the official Pennsylvania child support calculator, published by the Pennsylvania Automated Child Support Enforcement System more...
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Sneak Preview: 2009 PBI Family Law Update -
Oct 22
Each year I am one of the broadcast presenters for Family Law Update, one of the most-watched legal education courses for the Pennsylvania Bar Institute. We make live more...
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Jon + Kate: When Can Spouse Withdraw Money from Joint Accounts? -
Oct 17
My friend from the East, Michael Viola, publishes a great divorce blog that occasionally chronicles the divorce of Jon and Kate Gosselin (which has been playing out in more...
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Seven Myths about Divorce -
Oct 13
There is a widely-circulated article on the 'Net called "Seven Myths About Divorce," attributed to Dr. Orli Peter. It is published here and here. I recently corresponded with more...
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Penna. Child Support Law Not Pre-Empted by Social Security Act, Court Holds -
Oct 11
The Superior Court of Pennsylvania granted reargument en banc to the litigants in Silver v. Pinskey (2009), to consider whether Pennsylvania's child support law might be more...
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Spousal Spying: Is it a Crime? -
Oct 3
Back in the days before the no-fault divorce law was passed, unhappy spouses had to prove abuse, infidelity, abandonment, or other grounds for a divorce. It wasn't easy to more...
September-2009
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BVR Second Annual Divorce Summit -
Sep 25
This weekend I attended the second annual Divorce Summit sponsored by Business Valuation Resources, one of the leading publishers in the bizval field. On Thursday, September more...
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More on Blazer: Retained Earnings Not Income for Alimony -
Sep 25
The California Court of Appeal's decision in Marriage of Blazer (2009) dealt not only with double dipping, but also with the exclusion of a company's retained earnings more...
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Blazer: California Considers Double-Dipping and Personal Goodwill -
Sep 24
BVWire.com reported this week on a recent California case where the issue of double dipping was examined in the context of divorcing business owners: The husband owned a more...
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Ex-Wife gets Husband’s Employer-Based Life Insurance Benefit after Divorce -
Sep 21
Note: this decision was originally published on April 17, 2009, reaching a different result. It was re-argued en banc, and the final decision issued on August 21, 2009. If more...
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Child Support Modification: Lay Your Cards on the Table? -
Sep 21
This week I reviewed a recent decision by one of our Allegheny County judges, regarding modification of child support. Kozel v. Kozel, No. FD98-00761 (Allegheny Co., June 30, more...
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Homemaker’s Contributions: Factor in Property Division -
Sep 5
The Pennsylvania Divorce Code says that the court must consider the homemaker's contribution. When representing a stay-at-home spouse, it may be helpful to prove that the more...
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Buy-Sell Held Controlling Where Wife Signed -
Sep 4
The Tennessee Court of Appeals recently held that a business owner's spouse who signed a buy-sell agreement was bound by the value in a divorce action. In Inzer (2009), the more...
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Budget is Battlefield in High-Income Child Support Cases -
Sep 2
The Superior Court of Pennsylvania held, once again, that the budget is the most important element of a Melzer child support case -- that is, a high-income case where the more...
August-2009
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Kurt Angle Case Illustrates Pros and Cons of PFA Law -
Aug 26
Local professional wrestler and former Olympian Kurt Angle has been charged with violation of a Protection from Abuse (PFA) order. His lawyer says that the charges are more...
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Is Private School Better than Public, and Who Pays? -
Aug 25
The Superior Court recently considered the case of Murphy v. McDermott (2009), in which the Court was asked to consider whether the unmarried father of a child should be more...
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Parent Who Concealed Income Increases Must Pay Legal Fees -
Aug 18
In Krebs v. Krebs (“Krebs II”), 2009 WL 1759726 (Pa.Super. 2009), the Superior Court of Pennsylvania considered whether to award legal fees to a parent who won more...
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Three Signs of Enterprise Goodwill in Professional Practices -
Aug 13
In divorce litigation where one of the spouses owns a professional practice, such as a medical practice, dental practice, law firm or accounting firm, the lawyers and their more...
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How Will Divorce Affect My Credit? -
Aug 10
An article was posted recently on credit.com on the subject of joint debts in divorce. It is one of the most frequently-asked questions: "How will divorce affect my credit?" more...
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Executive Compensation: Excessive Salary or Disguised Dividend? -
Aug 10
The U.S. Court of Appeals for the Seventh Circuit recently took up the case of Menard v. Commissioner, 560 F.3d 620 (2009), considering whether the CEO of a privately-held more...
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Real Estate: Albatross in Divorce? -
Aug 5
Years ago, a wise lawyer published a column in the Pittsburgh Post-Gazette to advise her readers about family law issues (Patricia G. Miller, Esq., "Legal Eagle"). In one of more...
July-2009
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Fundamentals of Pennsylvania Law: Tracing -
Jul 31
Tracing is a method of identifying nonmarital property so that it will be preserved as nonmarital property and not divided in the process of equitable distribution. In more...
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Top Five Things to Do if You are Separating -
Jul 30
It’s never easy to take the first step on any journey. When you are facing a marital separation, there are five things that you can do to protect yourself, financially and more...
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Goodwill – NYT Definition -
Jul 29
Gallows humor is intended to comfort us in troubling times, I suppose. An article in the New York Times offered a new definition of "goodwill" appropriate to the ongoing more...
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Sad about Divorcing? It Will Get Better in Time -
Jul 23
It’s natural to feel sad about divorcing. A marital separation or divorce can bring changes that cause stress or discomfort, at least for a while. Yet, recent research by a more...
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PBI Business Valuation – 8/12/09 -
Jul 21
I will be appearing as the host of an upcoming Pennsylvania Bar Institute seminar, Business Valuation and Divorce. My guests will be Bob Grossman CPA and Melissa Bizyak CPA more...
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Life Insurance Proceeds: Marital Asset? -
Jul 17
Here is an interesting issue, not yet resolved by the Pennsylvania courts: whether the proceeds of a life insurance death benefit may be counted as a marital asset. Here's more...
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Basics of Pennsylvania Law: Double Dip, Part V -
Jul 5
This is the last in a series of posts containing summaries of Pennsylvania case law on the issue of double dipping in divorce. "Double dipping" occurs when an more...
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Post-Mortem Child Support -
Jul 1
For decades, the law of Pennsylvania has been clear: the estate of a deceased parent has no obligation to pay child support for minor children in the absence of an agreement. more...
June-2009
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Excess Earnings Method: Higher Cap Rate? -
Jun 25
BVWire recently published a follow-up to its teleconference, Valuing Dental Practices, by raising a question about business valuation using the excess earnings method (also more...
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Basics of Pennsylvania Law: Double Dip, Part IV -
Jun 24
This is the fourth in a series of posts containing summaries of Pennsylvania case law on the issue of double dipping in divorce. "Double dipping" occurs when an more...
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Free Resources for Medical Practice Valuation -
Jun 24
One of my favorite email blasts, BVWire (published by BVResources), described several free resources that might interest professionals who are interested in the value of more...
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Jon and Kate Adopt “Nesting” Custody Arrangement -
Jun 23
Fox 5 New York is reporting today that my friend and co-anchor of the Family Law Update TV broadcast, Cheryl Young, is representing Kate Gosselin in her divorce from "Jon more...
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Mirror has Two Faces: Divorce and Facebook -
Jun 23
Personally, I haven't joined Facebook yet. Lots of my friends and family have sent me invitations, and I feel bad declining them, but I've seen what happens there, and I'm more...
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Basics of Pennsylvania Law: Double Dip, Part III -
Jun 14
This is the third in a series of posts containing summaries of Pennsylvania case law on the issue of double dipping in divorce. "Double dipping" occurs when an more...
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Divorce Planning: Time to Defer Bonuses? -
Jun 11
Columnist Amy Feldman wrote an interesting article in this week's Business Week entitled, "When to Take the Money." June 30 is the deadline for executives to decide whether more...
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Take-home Pay Is Not the Measure of Child Support -
Jun 8
In Pennsylvania, child support is based on the net incomes of the parents, so it shouldn't be difficult to figure, right? Um, wrong. It might seem as simple as looking at a more...
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Once You Pop the Question, How Do You Spring the Prenup? -
Jun 3
Asking your fiance for a prenup doesn't have to spoil the joy of your engagement. Personal finance experts agree that prenuptial agreements are an effective way for couples more...
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Recession Impact on Value: Known or Knowable? -
Jun 3
The current economic recession has had a profound adverse impact on many businesses. So, in cases where we are asked to value businesses on a valuation date prior to the more...
May-2009
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Basics of Pennsylvania Law: Double Dip, Part I -
May 27
The concept of a “double dip” is logical and intuitive. If an income-producing asset has been awarded to a party in equitable distribution, the same asset cannot be more...
April-2009
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Discounts in Art: “Starving Artist” Prices? -
Apr 2
The 9th Circuit Court of Appeals recently issued a decision (highlighted by Carsten Hoffman's FMVOpinions) affirming a tiny fractional interest discount applied to a more...
March-2009
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And you thought you were paying support… -
Mar 18
A fun story about a New York wife who needs $53,000 - per week! - in support from her husband, the former United Technologies chairman George David. Well, she's a countess, more...
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Another Big Decision: Personal Goodwill in Kentucky -
Mar 11
Apparently the new frontier in divorce litigation is personal goodwill. Following closely on the heels of May (W.Va.2003) and other divorce decisions, the Supreme Court of more...
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SRR Answers “Taxing” Year-End Questions -
Mar 3
The forensic accounting firm of Stout Risius Ross Advisors LLC has published an excellent guide to year-end tax questions that separated and divorcing spouses may have: 1.) more...
February-2009
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Standard of Value dictates Use of Discounts in Divorce Case -
Feb 25
The Alabama Court of Appeals recently issued an opinion in Grelier v. Grelier, holding that the parties' agreement to employ the fair market value standard in a divorce case more...
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Can the Court Award Legal Fees in a Child Suppot Modification Proceeding? -
Feb 18
An interesting, and perhaps unanswered, question which may arise in a child support modification proceeding is, "Can the court award legal fees to the prevailing party?" more...
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Why Good Drafting Counts -
Feb 17
A recent decision issued by Florida's intermediate appellate court, Craissati v. Craissati, amply demonstrates the importance of good contract writing skill. The husband and more...
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Virtually Gone Their Separate Ways -
Feb 9
So, what happens when you discover that your spouse has been having an affair (or, more precisely, your spouse's avatar has been having an affair) on Second Life? Well, more...
January-2009
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Basics of Pennsylvania Divorce: Kulko -
Jan 31
Pennsylvania has jurisdiction over its own citizens as well as those who have signficant contacts with our state. The law that extends Pennsylvania's jurisdiction over more...
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Double Dipping … again -
Jan 18
At the Pennsylvania Bar Association Family Law Section Winter Meeting 2009, which took place at the William Penn Hotel in Pittsburgh this weekend, a panel of judges, lawyers more...
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Now I’ve Heard It All -
Jan 8
A recent news item by Jen Chung on Gothamist reports that a New York doctor is demanding that his estranged wife return the kidney he donated to her during their more...
December-2008
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January is Divorce Month….hmmm -
Dec 31
From an article called, "January 12 is D-Day for Divorce" by Emily McCombsTis the season to be jolly! But did you know that it's immediately followed by the season to ditch more...
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Happy New Year -
Dec 31
It's been a while since I have posted, mainly because I am planning a relaunch of this blog with new features and new contributors. Watch this space for a new, exciting more...
October-2008
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Shadle – NAV Accepted by Divorce Court -
Oct 2
In Shadle v. Shadle (108 PDDRR 102), a Bucks County divorce decision, the main issue was the valuation of an HVAC contracting business owned by the husband. The contracting more...
July-2008
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Jelke and BIG Tax Liability -
Jul 21
Chris Mercer's Value Matters newsletter offered a succinct summary of the Eleventh Circuit's recent decision in Jelke v. Com., an important decision dealing with built-in more...
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Fundamentals of BV in PA: Glosser Bros. II -
Jul 14
This post is the second in a series dedicated to historical legal precedents on business valuation in Pennsylvania. The factual background for this case, Glosser Bros., is more...
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Fundamentals of BV in PA: Glosser Bros. -
Jul 7
This post is the first of series aimed at reviewing the historical legal decisions concerning business valuation in Pennsylvania. Since these are state court cases, most more...
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Mercer Capital Publication: Buy-Sell Agreements -
Jul 1
A recent edition of Value Matters, a periodical published by Mercer Capital Group, illustrates the reasons for having a buy-sell agreement and what options might be more...
June-2008
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Big Surprise: Mortgage Business Bankrupt! -
Jun 28
In Wilson v. Wilson, 2008 WL 2312726 (Ky.App.2008), a man started a mortgage brokerage business with his high school sweetheart in 2004. Soon the business blossomed, and so more...
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Credibility is King in War of the Experts -
Jun 22
The typical "war of experts" was presented in Bussa v. Bussa, 2008 WL 2117138 (Mich.App.), a 2008 unpublished decision of the Michigan Court of Appeals. In this case, the more...
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Executive Compensation -
Jun 18
An intriguing article, published recently by BVR on its BVWire blast email, reminds us that executive compensation is one of the most important components of a business more...
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Valuation Held Preferable to Judicial Sale -
Jun 11
In Parker v. Parker, 980 So.2d 323 (Miss.App. 2008), the Mississippi Court of Appeals held that the trial court should not have ordered a judicial sale of businesses that more...
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Astleford has valuation professionals FLiP’n -
Jun 4
Last month the U.S. Tax Court released its memorandum opinion in Astleford v. Com. (TC Memo 2008-128), a case dealing with the minority and marketability discounts applicable more...
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Battle of the “Rules of Thumb” in North Dakota -
Jun 1
In Evenson, a recent decision of the North Dakota Supreme Court, the business which was implicated in a divorce action was an insurance agency. The business owner sold more...
May-2008
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WV Looks at Goodwill in Professional Practices -
May 29
The Supreme Court of West Virginia recently considered the enterprise goodwill of a professional practice in divorce proceedings in Helfer v. Helfer, 221 W.Va. 625, 656 more...
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May 22
I may have mentioned this before on this blog, but it is striking to me how many accountants and valuational professionals regard court decisions as monolithic. At NACVA more...
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Florida court declines to adopt “fair value” in Erp -
May 16
A recent Florida divorce decision, Erp v. Erp, considered the valuation of an RV dealership acquired by the husband and wife during their marriage. The dealership was more...
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Power Point Presentations on BVSource -
May 15
Just a reminder that I have posted two of my most recent PowerPoint presentations - Child Support, Spousal Support and Alimony Pendente Lite from PBI's 2007 Family Law Update more...
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To FMV or Not FMV? -
May 15
Last week I attended the AICPA/AAML National Conference on Divorce, a summit of some of the brightest minds in business valuation and divorce. Many of the lectures were good, more...
March-2008
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Eight Landmines to Watch Out for in Divorce Valuations -
Mar 10
Whether attacking or defending your expert's business valuation in a divorce trial, it is important to know and avoid the eight landmines that can blow up your more...
November-2007
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Are Capital Gains Considered “Income” under the Child Support Guidelines? -
Nov 13
The statutory and rules definitions of “income,” as provided by 23 Pa.C.S. § 4302 and Pa.R.C.P. 1910.16-2(a) include “gains derived from dealings in property” (§ more...
October-2007
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Active vs. Passive Appreciation -
Oct 29
Minnesota's intermediate court recently clarified the distinction between active appreciation in the value of premarital property, which is considered marital property under more...
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No Silver Lining for Divorcing Spouse -
Oct 28
In Silver v. Silver, a 2007 decision of the Ohio Court of Appeals, Second Division, the court discussed a business owner's income for support purposes in conjunction with a more...
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Valuation of Private Investigation Firm -
Oct 28
The Pennsylvania Superior Court's 2007 decision in Dalrymple v. Kilishek is relatively unremarkable from a valuation perspective. The subject business was a private more...
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PBI Family Law Update 2007 – Support -
Oct 20
For those of you who asked for a copy of my PointPoint slides, I am posting them below at the bottom of this page. They are embedded through SlideShare.net, where you can more...
September-2007
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Valuation of Sports Franchises -
Sep 14
According to the Pittsburgh Business Times:The Dallas Cowboys are the NFL's most valuable franchise, according to Forbes magazine's annual ranking of NFL teams.Forbes values more...
July-2007
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Alimony Irony -
Jul 27
From a recent news report:LOS ANGELES, California (AP) -- A judge has ordered a man to continue paying alimony to his ex-wife -- even though she's in a registered domestic more...
April-2007
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Innocent Spouse Relief Granted -
Apr 17
TaxProf Blog reports on a Tax Court decision in which the former wife of an accountant won equitable relief from joint and several liability under section 6015(f) of the more...
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Celebrity Divorce Update -
Apr 17
It's hard to believe an entire month got away from me without a blog posting. I realized it when I saw this article in Forbes magazine, describing the top 10 most expensive more...
March-2007
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Spoliation of Evidence In Divorce Valuation -
Mar 18
In a recent California decision, Marriage of Fry, the California Court of Appeals affirmed the trial court's decision to accept the business valuation offered by a joint more...
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Does a Breach of a Prenuptial Agreement Create a Right of Rescission? Part II -
Mar 14
At last! the conclusion of the story. Here is the law of other states, which like Pennsylvania, hold that a breach of a prenuptial agreement does not render the entire more...
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Check out my Wikipedia Entry! -
Mar 14
Surprisingly, no one ever posted an entry on Wikipedia, the internet encyclopedia, to describe business valuation techniques. So I did!Like all Wiki entries, it is a work in more...
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Coming Soon to a Blog Near You! -
Mar 2
Lots of topics have attracted my interest lately, so I will be posting on the following subjects over the next few weeks:Does a Breach of a Prenuptial Agreement Create a more...
February-2007
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Does a Breach of a Prenuptial Agreement Create a Right of Rescission? Part I -
Feb 28
Earlier this week I posted the introduction to this post, in which I examined the cases from Pennsylvania and other jurisdictions that lead me to believe that a breach does more...
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Does a Breach of a Prenuptial Agreement Create a Right of Rescission? -
Feb 26
In Pennsylvania, under the long-standing authority of Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990), premarital agreements are inviolate unless there has been a lack more...
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Marital Settlement (TV Style) -
Feb 16
I heard about it, and read about it (thanks, Death&Taxes!), but I didn't see the episode of the TV series 30 Rock when Jack and his wife Bianca settled their divorce. The more...
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Variations on a Double Dip Theme: The Moore Case -
Feb 16
The Tennessee Court of Appeals issued a decision in May 2006 that addresses the lingering question of whether gains from the sale of marital property may be included in more...
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Happy Valentine’s Day – Divorce Lawyer Style -
Feb 2
The mid-winter blahs have slowed down my posting. Hopefully this little gem will prime the pump. From the Pittsburgh Post-Gazette:Man accused of giving severed kitten's head more...
January-2007
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Ackerman Not the Mandelbaum of Reasonable Comp Cases -
Jan 11
A recent California divorce decision, Marriage of Ackerman (2006), has been hailed by BVWire as the "Mandelbaum of reasonable compensation cases." Yet, it is still unclear more...
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Happy New Year -
Jan 10
I have had some trouble getting online since Blogger upgraded from beta, but I'm back! I'll be posting later this week to discuss a California divorce decision that some are more...
December-2006
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Life Insurance: Funding Vehicle for Buy-Sell or Non-Operating Asset? -
Dec 5
Mercer Capital's newsletter Value Matters recently published an article which points out a dilemma faced by valuation professionals in appraising businesses that have taken more...
November-2006
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PLR Clarifies Taxes on Stock Options in Divorce -
Nov 26
An IRS Private Letter Ruling (No. 200646003) clarifies the law with respect to the tax treatment of stock options that are distributed by constructive trust in divorce to the more...
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Lawyer Beware! -
Nov 21
Short week: happy Thanksgiving! FamilyLaw Prof Blog reports on a New York State case in which a divorce lawyer was held liable for the client's loss resulting from a delay in more...
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Celebrity Update -
Nov 14
A fun and entertaining discussion of the premarital agreement signed by Britney Spears and Kevin Federline (not to mention their "faux wedding") is posted more...
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A Taxing Question (Part II): More Summertime Precedents to Make a Divorce Lawyer Blue -
Nov 7
The courts continue to march away from the practice, widely-accepted in the valuation community, of tax-affecting passthrough earnings in business valuation. Following in the more...
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AAML Article & What’s Really Wrong with the Excess Earnings Method? -
Nov 3
The recent edition of the Journal of the American Academy of Matrimonial Lawyers contains an interesting article describing various approaches to personal and enterprise more...
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Cases Mentioned on PBI “Family Law Update” Broadcast -
Nov 2
On the PBI "Family Law Update" satellite broadcast yesterday, I said that I would post the citations to the cases that were not included in the written materials. Here they more...
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Should Tax Code Reflect Marriage (and Divorce) Realities? -
Nov 2
From the TaxProf Blog:Shari Motro (Richmond) has published A New "I Do": Towards a Marriage-Neutral Income Tax, 91 Iowa L. Rev. 1509 (2006).Here is the abstract:The federal more...
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Legal Experts: Has the Time Arrived? -
Nov 2
One of the long-standing principles of evidence is the rule that restricts the courts from hearing the testimony of legal experts as witnesses who can explain the law. The more...
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Depreciation Not Always an “Addback” in Child Support Calculations -
Nov 2
The National Litigation Consultants' Review this month contains a terrific article about depreciation addbacks in the context of income calculations for child support. Since more...
October-2006
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Comparing Apples to Apples when Measuring Increase in Value -
Oct 26
In Haentjens, a 2004 decision of the Pennsylvania Superior Court, the husband inherited a minority interest in a family business around the mid-point of his 20 year marriage. more...
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Nondisclosure of Pending Sale of Business Did Not Invalidate Divorce Settlement -
Oct 24
A New York court dismissed a wife's attempt to invalidate a divorce settlement which was reached while the business owner was simultaneously negotiating the sale of the more...
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Locked-Out Spouse Finds No Sympathy at IRS -
Oct 21
The TaxProf Blog reported an interesting story about a husband who failed to report his share of passthrough income from the medical billing company that he and his estranged more...
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More Personal Goodwill – Baker -
Oct 20
In Baker v. Baker (2004), a predecessor to the Smith case reported previously in this blog, the Superior Court considered the intangible goodwill value of a veterinary more...
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S Corporations: A Taxing Question (Part I) -
Oct 15
A hot topic confronting the valuation community these days is whether to discount the earnings or cash flows of a Subchapter "S" corporation by subtracting the more...
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Quantifying Personal Goodwill – Smith v. Smith -
Oct 15
In Smith v. Smith, the Pennsylvania Superior Court ventured into the murky waters of goodwill, an intangible element of business value. Goodwill may be derived from the more...
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Welcome! -
Oct 15
Welcome to BVSource, a blog about business valuation and divorce. In the coming weeks, I hope to begin a dialogue about current and recurring issues that are of interest to more...
