Schwartz, Fox & Saltzman, LLC. – Philadelphia Divorce Lawyers
In Pennsylvania, the Grandparent Visitation Act expanded the rights of grandparents to seek custody in certain circumstances. There are two types of custody that can be sought, legal custody and physical custody. Grandparents can seek one or both, based on
Many parties in custody disputes ask me whether their children will have to testify and whether the court will consider their child’s c opinions and thoughts. Parents are understandably concerned about whether their child will be asked to choose sides
When you’re navigating a stressful divorce, maintaining a nutritional diet can feel impossible. While eating may feel unimportant during times of emotional turmoil, it’s crucial to adopt healthy eating habits to ensure your mental and emotional wellness throughout the divorce
Child support issues are a part of any Family law practice. Whether you’re dealing with complex child support matters or other family law concerns, consulting a divorce lawyer in Philadelphia can provide clarity and support. There are common questions and
Managing home repairs during divorce is complex, with issues of responsibilities and liabilities adding to the ongoing emotional strain. When a house needs fixing amidst a separation, such as a roof replacement, the question of financial responsibility can become a
Understanding the requirements and implications of a 50/50 custody arrangement is crucial to avoiding potential child custody disputes in Pennsylvania. Due to the complex laws surrounding child custody, seasoned legal representation is essential. The Philadelphia child custody attorneys at Schwartz,
Drafting a comprehensive child custody agreement is crucial for ensuring the well-being of your children. A well crafted agreement can also help you and the other parent avoid future child custody disputes. Due to the numerous legal and factual
Due to the emotionally charged nature of child custody cases, people sometimes cross legal and moral boundaries by making false allegations of abuse. This can make a difficult process even more painful. If you have been falsely accused of child
Child custody disputes are often stressful and emotionally challenging. Navigating a child custody dispute when one or both parents live in different states comes with unique challenges. For over 30 years, the Philadelphia child custody attorneys at Schwartz, Fox &
If you are seeking a Protection from Abuse (PFA) order, Pennsylvania Law (§6102(a)) requires you to provide proof you are suffering physical or sexual abuse or receiving verbal threats, which places you or your minor children in reasonable fear of
The process of obtaining custody of your child or children can be complex. Asking the right child custody questions can help you better understand your options and guide you through the custody process. The family law lawyers at Schwartz, Fox,
Child custody is often a contentious and difficult issue, and modifying child custody can become even more contentious as parents clash over the issues. As the facts of each case are unique, there are several reasons a judge will change
Have you and your significant other recently ended your relationship? Are you seeking temporary or permanent custody of your children? Understanding the duration of a temporary custody order in Pennsylvania is crucial for successfully navigating the child custody process. In
Being served with a Protection From Abuse (PFA) order is a terrifying experience. The prospect of being separated from your family and having your reputation ruined can be even more frightening. Successfully defending yourself from a PFA order requires representation
In addition to being an emotionally difficult subject, the laws surrounding child support are complex. Successfully navigating a child support modification case in Pennsylvania requires careful strategy, and representation by an experienced Pennsylvania child support attorney is essential. The Pennsylvania
Navigating the complexities of a Pennsylvania divorce case requires professional legal representation. A Philadelphia divorce lawyer can play a crucial role in successfully guiding you through the process, and understanding what divorce lawyers do will help you better prepare for
The laws surrounding child support in Pennsylvania are complex and confusing. While there are many misconceptions regarding child support, it is intended to provide financial support to the child instead of the other parent. If you have questions regarding what
Certain situations demand swift and decisive action when it comes to a child’s well-being. Emergency custody is generally pursued in Pennsylvania via a petition for special relief. If you are considering seeking emergency custody, Pennsylvania law requires you to prove
Going through a Protection From Abuse order (PFA) hearing can be a challenging and painful experience. However, with the right strategies and preparation, you can increase your chances of success. Additionally, representation by an experienced Philadelphia family law attorney can
Good family lawyers resolve their client’s cases. That statement is true. We certainly make every effort to do so. There are, however, cases which will not settle. This occurs for a number of reasons, which for the purposes of this discussion, are not relevant. Just know that fighting the good fight is something we do in the appropriate case. What does “fighting the good fight” entail?
Is your former partner or spouse continually violating a child custody agreement or order? Understanding when you can file parental kidnapping charges in Pennsylvania is crucial. With over 40 years of experience, the dedicated child custody attorneys at Schwartz, Fox
Retroactive child support in Pennsylvania refers to the financial support a non-custodial parent may be required to pay for the period before the entry of a formal child support order. Understanding the law surrounding retroactive child support is crucial for
Is your ex-spouse or former partner withholding your child or interfering with your custody rights? Dealing with a situation where the other parent prevents you from seeing your child can be emotionally challenging and legally complex. In this situation, only
If you’re contemplating divorce or seeking to better understand your rights and responsibilities, this brief guide on 5 Things You Must Know about the process is a great place to start. Whether you’re ready to begin the divorce process or
Having doubts about a relationship with another is a perplexing matter. Do I reach out now to a family lawyer, even if I haven’t decided to move in a particular direction, or, do I wait until after I have decided?
The laws regarding the termination of child support in Pennsylvania are complex and sometimes confusing. If you want to know when your obligations for paying child support end in PA, you need the services of an experienced Pennsylvania family law
Alimony and spousal support are often fiercely contested issues in a Pennsylvania divorce. Navigating the intricacies of spousal support and alimony can be difficult which is why representation by an experienced Philadelphia divorce lawyer is essential. The family law attorneys
A divorce in Pennsylvania can be a challenging process. For military families, unique considerations must be carefully addressed. Whether it’s navigating the complexities of retirement pay, resolving child custody issues, or handling health coverage matters, working with a Philadelphia divorce
Ending a marriage is a challenging process. Depending on the facts of your case, you may be able to obtain an annulment. Due to the complex laws surrounding annulments in the state of Pennsylvania, representation by an experienced lawyer is
While uncontested divorces are ideal, the process can still be challenging and stressful—especially when it takes longer than expected. Various factors can contribute to delays, but working with an experienced Philadelphia divorce lawyer can help mitigate these issues and keep
The divorce process can be stressful and confusing. While it may be obvious your marriage is over, it is important to understand when you and your spouse began living “separate and apart” in PA if you are seeking a divorce
Obtaining emergency custody orders in Pennsylvania can be a time-sensitive and stressful process as it involves a child’s health, welfare, and safety. Emergency custody, by design, happens comparatively quickly but still must follow a specific process to prevent parents from
In Pennsylvania, getting remarried may impact your child support obligations if your individual financial situation changes due to the new marriage. This is because when a person remarries, their financial situation may change, which can affect the amount of child
Unfortunately, the answer is “it depends.” Due to the legally complex and emotionally charged nature of a custody case, representation by an experienced Philadelphia child custody attorney is essential. At Schwartz, Fox, and Saltzman, LLC, our family law attorneys have
Ideally, divorce means you can end a painful chapter of your life. However, when former spouses have children, disputes regarding child custody arise as their lives and circumstances change. Representation by an experienced Philadelphia child custody lawyer is essential if
A common question asked by a noncustodial parent is, can a sole custody order be reversed? The short answer is yes, it is possible to modify child custody orders, but the issue may need to be litigated before a Judge,
Under Pennsylvania Law, domestic violence victims can seek a Protection from Abuse (PFA) order if they can prove their spouse or partner is abusing them or their minor children. A protection order is a legal document issued by a court
In short, yes, you can obtain a Protection From Abuse Order (“PFA”) based on verbal abuse in Pennsylvania. Verbal abuse can be a form of domestic violence and can seriously impact an individual’s mental and emotional well-being. The experienced Philadelphia
Are you litigating a child custody matter in Pennsylvania in which a Guardian Ad Litem (GAL) has been appointed? A GAL’s recommendations can have a significant impact on custody issues. As a Guardian Ad Litem can recommend sole custody in
Following a divorce, a common question people ask is, “What happens If I can’t pay alimony?” If you cannot make court ordered alimony payments, there can be severe legal and financial consequences. A Philadelphia lawyer who is experienced in family
If you are going through a divorce, it is natural to wonder what will happen to your house. Due to the complex legal issues in a Pennsylvania divorce, there is no easy answer regarding what happens to the house. This
As a parent, it is natural to be concerned regarding the people who come into contact with your child. However, when it comes to your ex-partner, neither of you can dictate who gets to be around your child. Instead, a
If you are an unmarried couple living in Pennsylvania, you may be wondering what legal options are available to protect your rights and assets. Entering into a Pennsylvania domestic partnership can offer you some of the same rights and legal
Property division is often a complex and intensely contested issue during a divorce in Pennsylvania. Depending on the facts of your case, your limited liability company (LLC) may be treated as marital property under Pennsylvania law (§3501(a)). To protect your
When a marriage ends in divorce, it is common for one spouse to seek spousal support and alimony which means one spouse must pay alimony to the other spouse during and after the divorce. Due to the adversarial nature of
Some people think New Year’s Resolutions are childish or meaningless. We look at them as goals or aspirations, in this case, to better our behavior. Parties who are considering mediation or collaborative law (I will refer to these two separate
It is recommended you retain a divorce lawyer even if you and your spouse seemingly agree on everything. The intricacies of navigating a divorce may lead to you agreeing to an unfair settlement or mistakes during the filing process. Additionally,
Seeking a divorce does not mean you have to impoverish yourself to escape an unhappy marriage. Pennsylvania law provides lower-earning spouses several tools to protect themselves financially before, during, and after a divorce. One of these tools is establishing spousal
Divorcing your spouse is an emotionally painful and stressful process. Divorces often require invoking the formal litigation process which is an inherently confrontational process. As such, it is important to understand what can be used against you in a divorce,
The typical cost of a divorce in Pennsylvania depends on a number of factors. Naturally, people seeking divorce desire a level of legal and financial certainty during this difficult process. While it’s not possible to predict the precise cost of
Yes, you should disclose all information regarding your marriage to your divorce lawyer. While some information may be unpleasant or embarrassing to discuss, your divorce attorney cannot properly represent you during the divorce process and other court proceedings if they
Obtaining a divorce can be a mentally and emotionally draining process. While the divorce process allows you to exit a toxic relationship and start a new chapter of your life, you should also take steps to protect your hard-earned assets.
Pennsylvania used to be a fault-based divorce state, meaning spouses could only get divorced by proving marital misconduct. However, Pennsylvania became a no-fault divorce jurisdiction in 1980, allowing Pennsylvanian couples to divorce without requiring fault grounds from either spouse. The
Consulting a divorce lawyer in Philadelphia is the beginning of a difficult and potentially lengthy legal process. You can prepare for your consultation by: This article breaks down a divorce checklist to prepare ahead of your consultation with your family
Property division can be a heavily contested issue during a divorce. Pennsylvania is an equitable distribution state; this mean the state uses an equitable approach when dividing marital property and debts. The equitable distribution process does not necessarily mean each
If you and your spouse have decided to divorce, a marital settlement agreement may be required to divide your assets and debts. Specifically, a marital settlement agreement in PA acts as the “roadmap” to resolve some or all of the issues
Credits to: https://whyy.org/articles/divorced-parents-in-pennsylvania-taking-kids-covid-vaccine-disputes-to-court/ Listen 6:28 The COVID-19 pandemic has changed everything. What should we know about how you approach the world now? How has the pandemic changed your social life, your work life, your interactions with your neighbors? Get in touch here.
In Pennsylvania, a Protection from Abuse order (PFA) is meant to protect an individual from further contact, harm, or harassment from their abuser. A PFA is a type of restraining order in PA created to provide legal protection to victims
To initiate a divorce action against your spouse, you need to serve them divorce papers. This is because you must provide them notice and an opportunity to respond. However, this can be difficult if you have not seen or spoken to
Yes, you can obtain a divorce without your spouse’s signature. There are many reasons why spouses refuse to sign. Sometimes the other spouse cannot be located or they do not want the marriage to end. Regardless of your situation, talking
You and your spouse want to work together to resolve the issues arising from your divorce, such as child custody, child support, alimony, and the distribution of marital property, and you’ve heard of the various alternative dispute resolution methods such
You’ve heard that a mediated divorce is quicker and less expensive than a litigated divorce. Mediation also gives you and your spouse control over the process and the outcome, rather than letting the court decide. But what is your strategy
You’ve heard divorce mediation is much less expensive than a litigated divorce, and that is correct – but there are so many more benefits to the divorce mediation process over litigation. If you and your spouse are willing to negotiate
You and your spouse have decided to minimize the stress and expense of divorce by engaging in divorce mediation. Effective divorce mediation requires a good mediator. The question then becomes; how do you find a divorce mediator? The divorce mediation
You have options when it comes to your divorce, but knowing what’s best for your family can have it’s own intricacies. Comparing divorce mediation vs. hiring a lawyer means understanding what you and your spouse’s preferences are and your ability
If you and your spouse have agreed to engage in divorce mediation to have an amicable, uncontested divorce, you don’t need to hire a divorce attorney, right? The goal of mediation is to avoid contentious litigation, but you may still
Divorce is painful and in many cases can be made less so if you and your spouse agree to mediate the issues arising from your divorce, and perhaps file an uncontested divorce. But when is divorce mediation not appropriate? The
16 Things Not to Do During Divorce Mediation Are you divorcing and considering trying divorce mediation? This informative article by the divorce mediation lawyers at SFS Attorneys gives you the top sixteen behaviors to avoid during mediation to get the
Couples use divorce mediation to help them agree on issues such as child custody, child support, spousal support, and property distribution. You and your spouse are considering entering into divorce mediation as an alternative to litigation because you want to
Divorce is difficult on families even in the best of circumstances, but when one party has narcissistic personality disorder, reaching an agreement on issues such as child custody, child support, spousal support, and property distribution can be very difficult. However,
Once you’ve decided to divorce, you want it over quickly. You’ve heard divorce mediation is quicker and less expensive than divorce litigation, but how much quicker? How much less expensive? The Philadelphia divorce mediation lawyers at Schwartz, Fox & Saltzman
The short answer is yes, you can get a divorce with just mediation in Pennsylvania. In this article, the Philadelphia divorce mediation lawyers at Schwartz, Fox & Saltzman explain what divorce mediation is, how to complete the divorce process using
15 Questions to Ask a Divorce Mediator Considering divorce mediation? Divorce mediation is a popular form of alternative dispute resolution that allows couples to craft their own support, custody, and property distribution arrangements and avoid going to court. Here are
If you and your spouse have agreed to divorce, agree on some, or perhaps all, issues arising from divorce, and are seeking a way to resolve some outstanding issues without getting the court involved, divorce mediation may be right for
If you are a business owner considering divorce, you are right to be concerned about how your business assets will be divided and treated by the court. Pennsylvania is an “equitable distribution” state, meaning, marital assets are divided fairly between
According to the CDC, almost half of marriages in the U.S. end in divorce. You believe yours might be one of them, but your spouse wants to keep trying to make it work or refuses to discuss divorce. What can
According to the CDC, almost half of all marriages in the U.S. end in divorce. The odds are that you may count your marriage among them. That said, you and your spouse can minimize angst and suffering by agreeing to
From The Philadelphia Inquirer, February 1, 2022: Domestic violence homicides were up 240% last year. Why is Philly getting guns from so few accused abusers? Gun violence has made too many of our fellow Philadelphians live in fear of leaving
The idea of compromising with someone you are divorcing may seem far-fetched at first. What makes compromise possible even under the most difficult emotional circumstances is the presence and guidance of a trained divorce mediator. A thorough divorce mediation checklist
Are you and your spouse considering divorce, and You need the help of an experienced high asset divorce lawyer. The Philadelphia divorce lawyers at Schwartz, Fox & Saltzman, LLC. explain what high asset divorce law is, how a high asset
Typically, both parties in a marriage are named on the deed and the mortgage when they jointly own real property. However, there are some instances where only one of the two parties is responsible for paying the mortgage. This is
Tools to Help Achieve and Maintain Neutrality By Lee A. Schwartz and Carolyn M. Zack As family lawyers, we practice the art of civil litigation as we would engage in battle. We burnish the armor of our client’s cause, shore
Beginning January 2005, claims of common law marriage for all relationships which began after that date, became illegal and unenforceable. Relationships prior to that date were “grandfathered in” and remained a claim that could be made. With that being said,
Does a Long Separation Lead to an Automatic Divorce in Pennsylvania? If you have ever heard the saying, “if it’s too good to be true, then it probably is?” That is the spot on answer to anything being “automatic” as
When you are divorcing in Pennsylvania, how your property gets divided is likely one of your top concerns. You may have heard term “community property” mentioned in reference to divorce, but Pennsylvania is not a community property state. Instead, we
Filing for Child Support If the Other Parent is in Jail The Pennsylvania Department of Corrections reports that greater than 81,000 children in PA have a parent in jail. Regardless of whether you are the parent receiving the support or
Child Support Arrears & Passport Suspension It might come as a surprise to many to learn that if you owe $2,500 or more in child support, you are not eligible to receive a U.S. passport. However, those who care about
Preparing For Your Child Support Consultation Ensuring your child has the means available to enjoy a healthy and stable life is the goal of caring parents. Many times the best way to provide that stability is through Court-ordered child support,
How a Criminal Record Affects Your Child Custody Case in Pennsylvania In Pennsylvania, a criminal record can contain arrests, information collected by criminal justice agencies, and more.While most information in a criminal record is not an automatic bar to child
While adultery can be relevant in some aspects of a divorce case in Pennsylvania, it usually does not affect child support obligations nor child custody in most instances. This article by the family law attorneys at Schwartz, Fox, & Saltzman
Pursuing child custody is a stressful and very emotion-packed process. Always remember that the Court focuses on what it believes, based on the evidence presented, is in the child’s best interest. This article by our child custody attorneys in Philadelphia
How Depression Could Affect Your Child Custody Case in Pennsylvania When going through a divorce and child custody, there is an extreme amount of stress, significant change and uncertainty and it is normal to be emotional, scared, and sad. However,
Stay-at-home parenting is a viable option in today’s world. There are certainly economic issues to be addressed, but an at-home parent can obtain custodial rights. In the event of divorce or separation, stay-at-home moms have the same legal rights as any other
Special Needs Child Support in Pennsylvania In Pennsylvania, disabled children with special needs receive additional financial support because the mathematical formulas used for calculating child support do not independently take into account those additional expenses that the child needs. Evidence
What Happens When an Unmarried Couple With a Child Separate in Pennsylvania? When an unmarried couple with a child separates in Pennsylvania, both parents have rights and responsibilities related to the child. How to Prepare for Separating as Unmarried Parents
This guide from noted PA child custody lawyer Lee A. Schwartz, Esq. outlines what shared legal custody is in Pennsylvania & how it compares with other types of custody. The PA child custody lawyers at Schwartz, Fox & Saltzman, LLC
In Pennsylvania, the general rule is that parents have a financial duty to support their children. Regularly occurring payments to the custodial parent, health insurance coverage for the child, and school tuition payments are examples of child support. In the
Child Support Holiday Schedules in Pennsylvania When a family unit dissolves during a divorce, “family holidays” and traditions are also affected. It is within everyone’s interest to minimize the effect on the children, encourage the parental/child bond, and build new
Child Custody for Grandparents In Pennsylvania, the Grandparent Visitation Act expanded the rights of grandparents to seek custody in certain circumstances. There are two types of custody that can be sought, legal custody and physical custody. Grandparents can seek one
Our law firm has handled divorce, property division, spousal support, alimony pendente lite and child support matters, when people live overseas, but have Philadelphia area family law cases in court. We have experience representing people living in North America, South
Schwartz, Fox & Saltzman, LLC Firm has considerable experience in child custody matters involving children traveling outside of the United States. We have been litigating these matters in Southeastern Pennsylvania courts for several decades. International custody cases are a unique
In Pennsylvania, having shared or 50/50 custody does not negate child support obligations. Typically, the higher-earning parent must still pay child support to the lesser-earning parent, and the support amount considers the net income of both parents and the how
Child custody in Pennsylvania vary greatly depending upon families’ needs, desires, resources, and parental fitness. Ultimately, a court decides who gets custody based upon the best interests of the child. This article outlines and explains the types of child custody
Learn how long a divorce can take in Pennsylvania and what factors and issues can prolong divorce proceedings from the Philadelphia divorce lawyers at Schwartz, Fox & Saltzman, LLC. A divorce in Pennsylvania can be completed in as little as
What is the difference between a separation agreement and a divorce decree in Pennsylvania? They are quite different in the eyes of the law. Learn the differences between a marital separation agreement vs a divorce decree from the Philadelphia divorce
Custody Officer’s Oblication To Consider Factors Interviewing Children In a 2021 Pennsylvania Superior Court appellate case, K.B. V. M.F., the Pennsylvania Superior Court has spoken to the custom, in many Custody Officer level proceedings, of not interview children in making
Filing for child custody or child custody modification is a procedurally and factually complex process. Additionally, each county court in Pennsylvania has their unique requirements and nuances. The PA child custody lawyers at Schwartz, Fox and Saltzman, LLC have over
How to Get Full Custody in PA Wondering how to file for sole custody of your child in PA? The child custody lawyers at Schwartz, Fox & Saltzman, LLC explain how and why sole custody is awarded to the custodial
In Pennsylvania, divorcing parents often share joint legal and physical custody of their children. In many cases, parents can agree on the child custody arrangement. In others, a judge must decide what child custody arrangement is in the best interests
What are the questions we hear most in our family law office? That’s an interesting question, because there are certainly some very often asked questions by both new and long-term clients. Here are three: I Want to File For Custody
Your Same-Sex Divorce Attorney in Pennsylvania Yes, there is now same-sex divorce in Pennsylvania, and there are experienced same-sex divorce lawyers to help you through your divorce. May 20, 2014 will be remembered by many as a watershed date in
Philadelphia attorneys say calls from couples splitting up during the pandemic have surged, with a number of factors are contributing to the spike.
“People who were contemplating divorce before COVID hit, and probably shouldn’t have lived together, but stayed together and that just compounded the unhappiness in that household,” said attorney Lee Schwartz of Schwartz, Fox & Saltzman, LLC Firm.
Once you have decided to hire an attorney in a Family Law matter, be it Divorce, Custody, Support, Division of Property, Protection from Abuse, drafting a Pre- or Post- Marital Agreement, or some related area of Family Law, the next issue becomes how one goes about finding the right attorney for you. It can be very confusing.
Rather than discussing “how” to go about finding the right lawyer, whether it be by referral by a friend or another professional, research over the internet, or some other method, below you will find the factors we believe are important in making this decision.
Traditionally, Civil Courts (County and State Courts in Pennsylvania, as
well as Federal Courts) have been reluctant to enforce religious contracts in their
Courts, because of Constitutional issues surrounding the First Amendment
separation of Church and State. In the area of Family Law, and specifically in
discussing, negotiating and resolving Divorce issues, these religious based issues
can arise.
If a person has a child approaching kindergarten in the Fall of 2020, or a child in 8th grade and ready to begin High School, choice of school issues should now be front and center.
We, at the Schwartz, Fox & Saltzman, LLC Firm, believe, and advise our clients, that the Fall season, of the year before the beginning of the following school year, is the appropriate time to determine if parents are in agreement regarding school choice. If not, a Petition for Custody (if parties have no custody order) or a Petition to Modify an existing order, should be filed right away.
So, you’ve made it through the Holidays and New Years’, staggered to work on Monday morning, and here we are; facing a new decade. 2019, 2010….same thing…different day. Really? Is that all you’ve got?
So, you, or your Sister, or your best friend, is thinking of buying a house or condo, with his or her friend or lover. The parties are unmarried, and have no imminent plans to marry, so a Pre-Nuptial Agreement is not in order. All seems rosy and exciting, and it certainly is while that relationship between the parties is likewise wonderful. But, despite the best intentions of the parties, people change, their needs change and their relationships can change.
What happens if:…
So, you want to take your kiddos on vacation and you are separated or divorced from their other parent, there are some things you need to consider about vacations:
1. Do you have a Custody Order through the Court, with the other parent?
2. If you do have a Custody Order through the Court, is there language in the Order that speaks to vacationing?
3. If you have a Custody Order and there is no vacation language, or if you don’t have an Order at all, what should you do to make this vacation as peaceful and relaxing as possible?
Real Divorce Talk with Sue: Interview with Lee A. Schwartz Attorney Lee A. Schwartz interviewed by Dr. Sue on WWDB-AM TALK 860. Listen to the show right here or download the podcast.
In keeping with other States, the Commonwealth of Pennsylvania, by the stroke of Governor Tom Wolf’s pen, signed into law the Pennsylvania Collaborative Law Act, on June 28, 2018. This action by the Governor served to recognize the validity of this alternative divorce process. Collaborative Law is an alternative to both a Mediation process and
In high income child support cases (high income is defined by law as cases in which the net incomes of the parties combined exceeds $30,000.00 per month), in order to avoid unduly large support results, the Trial Court must consider the “reasonable needs” of the child or children. This ruling resulted in the case Hanrahan
***CUSTODY LAW UPDATE*** Effective July 4, 2018, there has been a major change in the Child Custody Law in Pennsylvania. Before that date, it was difficult for people who were not parents, step-parents or grandparents to obtain custody rights. That will all change. Effective that date, ANY individual who can establish that they: Have assumed;
Support Contempt actions are instituted once a Payor, for what can be a multitude of reasons, falls behind or fails to pay his or her Support obligation through the statewide PACSES system or through some other Agreement entered into between parties to a support or alimony action. Punishment mechanisms are statutorily in place if necessary
If you have a minor child and you aren’t living with that child’s other parent, you are likely either paying or receiving child support or will be at some point in time while the child is under 18 years of age. This Newsletter is a very basic introduction to the various types of “Support” in
Achieving your Custody goals, in some cases, is not a process that ends at your first scheduled Custody Conference or Hearing. Many times, it is a process. Persistence, good behavior and compliance oftentimes are the keys to a party enjoying fulfilling Custody time with their children or grandchildren. Unfortunately, the process can be lengthily and
Let’s start with the premise that Pennsylvania is an Earning Capacity state. What is earning capacity and how can it impact your Support Order? First, a person cannot intentionally decrease their income, with the hope that this intentional decrease will result in a lower support Order. Let’s take the case of a fictional couple, Donnie
Traditionally, Family Lawyers bill their clients one way…hourly. However, there is an alternative. That alternative is Flat Fee Lawyering. Clearly, however, not every case is right for Hourly Lawyering and not every case is right for Flat Fee Lawyering. We, at SchwartzJordan, offer both options. You choose which method is right for you, up front,
As our society continues to be more mobile, forward-thinking parents, who are do not live with the other parent of their child, need to think about the impact of the quality of the school their child does or will attend,
On December 23, 2016, President Obama approved the National Defense Authorization Act for Fiscal Year 2017. Simply put, a time based coverture fraction will no longer be accepted by the Defense Finance and Accounting Service. This has a significant impact
There’s a New Sheriff in town, and that Sheriff is a hybrid. Traditionally, people contemplating Divorce had one choice: each side hires a Family Lawyer and they begin the arduous, expensive, exhausting and sometimes pointless process of litigating Custody, Support,
We preach it all the time; it’s even in our Fee Agreements: Postings on Facebook, Linkedin, Instagram and other social media sites can be absolutely deadly. For example, a person who maintains her or she can’t work, in the context
SO, ‘TIS THE SEASON. Words we think of to define this season are…festive, peace be on earth, good tidings to all, Merry Christmas, Happy Hanukkah and other statements to evoke love, peace and goodwill. Equally pervasive, unfortunately, are child custody
The Governor of Pennsylvania signed into law a major change to the Pennsylvania Divorce law. Before this amendment, a person who wished to be divorced from his or her spouse, in cases where the other spouse would not consent to
Property division in Pennsylvania divorces sometimes takes a Solomon-like approach in order to achieve a fair and equitable division of these assets during divorce. Pennsylvania is an Equitable Distribution state. This does not necessarily mean an equal, or 50-50% sharing
Prior to 1980, in order to get divorced in Pennsylvania, fault needed to be proven by the party seeking the divorce. This was nothing short of messy, messy, messy. Not only did the party who had wished to be divorced
In a case from Delaware County, Pennsylvania, which was decided on March 21, 2016, The Honorable Barry Dozer held that in a case where two same-sex people met in 1968, began dating in 1974, moved in together 1975, and bought
In a May 2016 Pennsylvania Appellate Court decision, Gardell v. Gardell, Wife in a Divorce action signed a Property Settlement Agreement at a time when she claimed that she was not aware of the value of Husband’s retirement accounts. After
Perhaps one of the most necessary statutes in Pennsylvania, and at times, horribly abused itself, is the Protection from Abuse Statute. It is a statute designed to protect certain victims of abuse in Pennsylvania. In order to know whether the
There are many misconceptions “on the street” about whether and what part of a person’s retirement assets are marital property and therefore subject to being divided as part of a divorce. The first question is whether retirement assets are marital
The Pennsylvania Superior Court, the intermediate appellate court, held that a man who used a “voice memo” app on his smart phone to record a conversation should be charged with interception of oral communications, a violation of the Wiretap Act.
Before the recent Pennsylvania Supreme Court opinion in A.S. v, I.S. decided December 29, 2015, Stepparents in Pennsylvania had no child support obligation to their stepchild, even if that stepparent had a partial child custody order with the stepchild. In
Mother and Father have a child support order wherein Mother pays Father through a Court Order. Mother falls behind in this obligation. As a result, Father files for Contempt against Mother in Family Court. Mother attends an Enforcement Conference and
Voluntarily terminating one’s employment, which includes not only a total cessation of employment, but also an intentional decrease in one’s income, will not serve to lessen one’s child support, spousal support or alimony obligation, in most cases. Pennsylvania is not
A divorce is a painful process that raises many difficult questions. One of the most common questions is whether to leave the marital home. This decision should be carefully considered as it could have important legal and financial consequences. Can
Social media dominates our electronic culture. We are drawn to it, to give us a glimpse into people’s private lives. People post everything, the interesting, the salacious, the relevant and the boring. We post innocuous pictures and words; we post
“Tell me a little about You.” I’ve been doing “this” for thirty-four years. When people call me to ask me to help them, invariably they want to know what I’m all about. They may have been referred by a trusted
Child relocation in Pennsylvania is subject to a formal legal procedure that was established in October of 2012. “Relocation,” under the Custody Statute in Pennsylvania, occurs when a parent, whether or not there is a Custody Order, decides that he
The confusion surrounding child custody and just “how it works” is a major concern and worry for parents who are contemplating separation or who need to get clarity about the issue. In deciding what direction you are about to travel,
People oftentimes have issues in their relationships and need answers to pressing legal questions. They need information to assist them in making decisions about their future, but aren’t quite at a decision point. Simply put, getting to decision point requires
Mediation can be a useful method of dispute resolution for couples with information which in a Court setting might be prohibited by Court rules or might be concerning illegal or inappropriate activities that could lead to prosecution. Unreported Income: In situations where
Pennsylvania has a Protection from Abuse (“PFA”) Statute, which is designed to protect persons in loving relationships, family members and household members from abuse, as it is defined in the statute. In order to discuss abuse, one must first have
You are at a crossroads….you or your patient/client have decided that it makes sense to mediate your Family Law matter rather than litigate it. However, the question then becomes: How do I select the mediator. After all, selecting your Mediator
As the excitement of the wedding day approaches and the happy couple is attending to all of the details of the approaching happy day, nothing can put the brakes on that growing momentum like one party announcing: “Sweetheart, I think
In today’s society, with divorce being so prevalent, the need to consider the Pre-Marital or Pre-Nuptial Agreement is more and more relevant. The “psychological hurdle” I mention is the responsive comment, by an intended spouse, to the suggestion that the
“It’s beginning to look a lot like ChristmasCustody battles Ga-loreMy son doesn’t want to goHis Father is a SchmoMy daughter says his Wife is nothing but a bore…It’s beginning to look a lot like ChristmasMy lawyer is a SchmuckHe says
The litigation of a Divorce Matter in Court is anything but private. Court files, located in each County’s Court Clerk’s office, are public records. Rarely, and only in the most sensitive of cases, are Divorce records sealed, Sealing a file
Mediation can be a useful method of dispute resolution for couples with information which in a Court setting might be prohibited by Court rules or might be concerning illegal or inappropriate activities that could lead to prosecution. Unreported Income: In
Family Dispute Mediation is an alternative to litigating your Family Law matter in Court before a Judge. Mediation is available, when couples need to resolve issues surrounding child custody schedules and issues, Child Support matters, Spousal Support, Division of Property,
Those who are involved in, or about to be involved in, a Domestic Relations dispute, such as a custody, support, divorce or other related matter, have traditionally proceeded directly to litigation as their only option to resolve these matters. In
