Family Law
WHAT YOU CAN EXPECT IF YOU RECEIVE NOTICE THAT YOU ARE A PARTY TO A SUPPORT ACTION
April 24, 2023Support conference matters are handled in the part of the Court of Common Pleas called the Domestic Relations Section. Complaints for support are filed with the Domestic Relations Office, which handles issues associated with support for spouses and children as well as temporary alimony (also known as alimony pendente lite).
DIVORCE AND ESTATE PLANNING
March 14, 2023What You Need to Know During a Divorce
Many legal issues surround divorce, such as the determination of custody, support, and equitable distribution of marital property. In addition to all of this, there are often emotional issues. Updating an estate plan is generally at the bottom of your list, if it even makes the list, when you are going through a divorce. However, updating estate planning documents, such as a Will, Power of Attorney, Health Care Power of Attorney, Advanced Medical Directive (Living Will), and Revocable Trusts should be a top priority.
Prenuptial Agreements: A Good Option for Many
January 19, 2023Divorces can be complicated and messy, particularly when it comes to dividing the assets you have acquired during the marriage. Fortunately, by planning a little before marriage, you can significantly reduce the complications and messiness associated with a divorce, and possibly eliminate them altogether. How, you ask? With a Prenuptial Agreement.
IS DIVORCE MEDIATION REALLY WORTH IT?
January 3, 2023Advantages of Mediation to Resolve Divorce Issues
Have you been wondering if Divorce mediation is really worth it? Divorce Mediation in the legal field, is often referred to as “an alternative dispute resolution process”. There are several processes in this category. Other frequently used methods of alternative dispute resolution are arbitration, and collaborative law. Approximately half the states in the United States require participants in a divorce and/or custody action to participate in mediation before they become involved in the Court system.
Kids Have A Say In Custody Decisions
July 8, 2022
When determining an award of custody, Pennsylvania Courts consider sixteen (16) factors as listed and described under 23 Pa. C.S. § 5328. One of those factors, specifically, 23 Pa. C.S. § 5328(7) provides that the “well-reasoned preference of the child based on the child’s maturity and judgment” be considered when making a decision concerning custody.
Common sense would dictate that the older the minor child subject to a custody action, the greater the evidentiary value his or her preference would have for the presiding judge in a custody hearing. But for a few exceptions, the foregoing is accurate for obvious reasons. First and foremost, the older minor child would be more able to articulate his/her preference than would a much younger child. Second, the older child’s stated preference would more likely impact a decision concerning custody because it would be the manifestation of a more mature and developed intellect, based on age.
Rules Governing Military Benefits in Divorce Cases
June 27, 2022A military spouse considering separation and divorce should be aware of protections afforded by The Uniformed Services Former Spouse Protection Act (USFSPA) and options for dividing military retired pay. Primarily, USFSPA was enacted to provide financial protections to former spouses of military members, to include allowing states to divide military disposable retired pay as marital property upon the entry of a Divorce Decree. USFSPA also provides certain categories of a spouse’s additional protections and benefits:
What Happens in a Custody Case in Lancaster County?
May 3, 2022I. Appearance in Family Business Court
This does not happen in each case. When your case begins, it may be necessary to have a “temporary”
Custody Order. This will require an appearance in Family Business Court. Family Business Court is a Court Session which is held on Monday, Tuesday, Thursday, or Friday (depending on the letter of the alphabet of the Defendant’s last name). At this time, attorneys speak with the Judge, make arguments, and the Judge makes a determination regarding their request. A Temporary Custody Order may be entered after a Family Business Court Session. This is not a final, permanent Order.
Relocation in Custody Matters
February 18, 2022Child and Spousal Support: When Can I Modify the Amount?
August 10, 2021In Pennsylvania, child and spousal support amounts are established using the guideline formulas described in Pa.R.C.P. 1910.16-3. These formulas consider and apply various factors, including income levels, health insurance premiums, childcare costs, mortgage payments on a marital home, and physical custody schedules, with the purpose of determining a guideline support amount.
Once the guideline support amount is established and made into a court order, either party may subsequently file a Petition to Modify the support amount as a result of a substantial change in circumstance.
