Court Decisions

Father Reasonably Withheld Support for College Tuition

by Brian Vertz on September 14, 2014

Parents who are divorcing in Pennsylvania often express willingness to pay for their children’s college tuition when the time should come.  Some parents even put their commitment in writing. Yet, as this case demonstrates, circumstances may change from the time of the divorce settlement to the time when children matriculate in college, and an effective […]

Child Support Agreement Does not Limit Father’s Obligation

September 7, 2014 Child Support

A recent Pennsylvania Superior Court decision considers: (a) whether a father’s child support obligation is limited by a settlement agreement; and (b) whether the court should assign an earning capacity to a mother who provides full time care for a special needs child. Morgan v. Morgan, 2014 PA Super 176  (Pa.Super.2014) Mother and Father in […]

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College Support Agreement Enforceable in Pennsylvania

September 7, 2014 Child Support

Divorced and separated parents in Pennsylvania with children going off to college may wonder who is responsible for paying the tuition. A recent Superior Court court decision reminds us of the law governing college support in Pennsylvania. W.A.M. v. S.P.C., 2014 PA Super 139 (Pa.Super.2014) When Mother and Father divorced in Missouri in 2001, they […]

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Can Grandparents Have Custody if Both Parents are Working?

August 31, 2014 Child Custody

Grandparents who are raising their grandchildren in Pennsylvania, while the parents work, might wonder if they have legal custody rights under the law. A recent decision of the Pennsylvania Superior Court (non-precedential) may contain an answer to that question.  In J.L. F.L .and L.L. v. A.A.M., No. 530 MDA 2014 (August 28, 2014), the mother and […]

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Reality vs. Paternity: 17 Years is Too Late to Ask for DNA Paternity Test

August 22, 2014 Child Support

Men who pay child support in Pennsylvania to mothers who were never their wives may wonder whether the children they support are their own. These days, it is easy to administer a home paternity test and quickly learn whether there is a blood relation between the child and the man who is paying support. Yet, it’s […]

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Divorce and Discovery: Superior Court Rejects Privacy Interest to Justify Protective Order

August 21, 2014 Court Decisions

Pennsylvania residents who are getting divorced may face the daunting task of answering discovery: interrogatories and document requests. Some may wonder why they must produce personal information, such as checking account records that show purchases made long after a marital separation, or tax returns that include the income of a new spouse. Will the Pennsylvania […]

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Child Support Taken from Retained Earnings of Business

July 23, 2014 Child Support

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 […]

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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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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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