Absent a prenuptial agreement, the definition of marital property is an item acquired by either spouse during the course of the marriage. Therefore, any property that was purchased and/or owned by a spouse prior to the parties’ date of marriage would constitute pre-marital property and any property that was purchased after the parties’ date of separation would constitute post-separation property. Both pre-marital and post-separation property are considered non-marital property and are not subject to equitable distribution in a divorce proceeding. Continue Reading
Obermayer’s Family Law Group partner, Michael E. Bertin authored the following article on child custody.
Two of the most talked about issues among family law practitioners and the bench are child relocation cases and whether custody orders may be modified at contempt hearings. I’ve written numerous times on these issues. Over the years, there have been multiple cases from the state Superior Court that address these issues. Every so often, a case comes down that causes one to scratch his head or provide clarity and further direction regarding issues such as these. Continue Reading.
Child custody and divorce attorney, Michael E. Bertin is a partner at the law firm of Obermayer Rebmann Maxwell & Hippel LLP. Mr. Bertin is co-author of the book Pennsylvania Child Custody Law, Practice, and Procedure. Mr. Bertin was selected by Best Lawyers in America and is a Fellow of the American Academy of Matrimonial Lawyers, a former Chair of the Family Law Section of the Philadelphia Bar Association, the current Co-Chair of its Custody Committee, and held the officer position of Secretary of the Family Law Section of the Pennsylvania Bar Association. Mr. Bertin works out of Obermayer’s Philadelphia and Conshohocken, PA offices and he can be reached at 215-665-3280 or at firstname.lastname@example.org.
Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. The state uses a formula to calculate the obligor’s share of basic child support. On top of the basic child support the court may make adjustments to the basic support obligation and may allocate between the parties the additional expenses. These additional expenses include (a) Child care expenses (b) Health Insurance Premiums (c) Unreimbursed Medical Expenses (d) Private School Tuition, Summer Camp, Other Needs and (e) Mortgage Payment adjustments. Typically, these expenses shall be allocated between the parties in proportion to their respective net incomes. Continue Reading
What happens when your former spouse or ex-partner refuses to comply with a court order? After going through a difficult court proceeding and draining your bank account to pay legal fees, it is very frustrating when the adverse party refuses to cooperate. A court order can feel meaningless. Here are a few things that you can do: Continue Reading
Read “A Shifting Landscape – The Impact of Divorce & Other Litigation on Irrevocable Trusts” from our colleagues at the The Fiduciary Advisor.
Most states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This Act requires one state court to recognize the custody order of another state court. In order for an out of state custody order to be recognized and enforced by another state, it must first be “registered.” This entails the filing of a Petition for Registration, or some other court form, as well as, the filing of two certified copies of the original out of state custody order. Once this action is taken, the filing party must serve the other party with the registration request. The other party is then provided with a certain amount of time to oppose the registration of the out of state custody order. During this time, all defenses to the registration process must be raised, or they are waived. If the opposing party chooses to oppose the registration, a hearing will be scheduled. If there is no opposition to the registration, the out of state custody order will be confirmed, and its terms and provisions will be acknowledged and enforced by the registering state. Continue Reading
School placement for children during and after a divorce can be a very contentious topic between spouses. Addressing educational opportunities and placements for the children is a vital step in resolving custody and parenting time issues. During a custody case if you are contemplating changing schools or districts for your child it is imperative that you either agree that the child will change schools or if it a contentious dispute do not delay and bring the issue in front of a court as early as possible. Delaying could adversely affect your ability to switch the school by the next school year. Bottom line, do not wait and begin discussions as soon as possible or have an attorney start putting your case together. Continue Reading
In a few short weeks, many children will be graduating from high school and will embark upon the next chapter of their lives. Whether that choice includes college, trade school, or the work force, as a divorced parent, how does this milestone affect your custodial rights and financial responsibilities toward your child? Continue Reading
- DOES YOUR CUSTODY AGREEMENT OR ORDER PROVIDE FOR EXCHANGE OF INFORMATION – Most custody orders require parents to exchange information regarding travel with the children. Generally you will need to provide, in writing, the itinerary, including dates of travel, flight information, if applicable, phone number and address of where the children will be staying. Continue Reading
As people spend more and more time on digital and electronic devices (smartphones, laptops, ipads, and computers), digital information becomes more relevant in divorce cases. Social media, computers and cell phones become very prominent in Pennsylvania divorce cases. This is largely because they are a great source of evidence. It is not uncommon for clients to show up for divorce consults with large stacks of text messages from a spouse or Facebook posts. The field of Family Law is responding to this increasing prevalence of digital information with the increased use of computer forensic investigators/experts. Continue Reading