Obermayer Family Matters

Obermayer Family Matters

Are High School Sports Dangerous Enough to Become a Custody Issue?

Posted in Custody

Recently the New York Times highlighted a Pennsylvania child custody case focusing on whether or not a child who has sustained multiple concussions should continue to play football.  The court has allowed the child to play high school football on an interim basis while the case moves forward.  The issue involves decisions regarding choice of activity and potential medical decisions.  The court usually handles decisions regarding childhood activities differently then it handles medical decisions.  Continue Reading

AAML Opposition to Repeal of the Alimony Tax Deduction

Posted in Alimony

We blogged recently about the 2017 Tax Cuts and Jobs Act which, in part, eliminates the tax consequences of alimony. To briefly recap, alimony is tax-deductible to the payor and taxable as income to the recipient under the current tax laws. The Tax Cuts and Jobs Act, however, revises the tax code to completely eliminate a payor’s ability to deduct alimony payments and a recipient’s obligation to report them as income. To put the scope of these changes into perspective, the IRS reports that over 600,000 taxpayers claimed alimony deductions on their tax returns in 2015. The elimination of the taxability of alimony is scheduled to take effect beginning January 1, 2019, causing a bit of a panic amongst attorneys and litigants attempting to account for these substantial changes to the tax code. Enter the American Academy of Matrimonial Attorneys. Continue Reading

Making the Most of the Alternate Dispute Resolution Process During a Divorce

Posted in Divorce

More and more divorcing couples are electing to engage in mediation outside of the courthouse in an effort to amicably resolve issues of property division and alimony. This option is often appealing because it can be a faster, more cost effective path to resolving a case. In addition, an amicable resolution can benefit the entire family by avoiding the stress associated with contested litigation. In order to make the most of mediation, the following tips can be helpful: Continue Reading

The Revised U.S. Tax Code’s Impact On Alimony

Posted in Alimony

By now most people are aware of the impending changes to the U.S. tax code brought about by the GOP tax bill, dubbed the “Tax Cuts and Jobs Act,” which Congress voted to pass on December 20, 2017. These substantial changes, which are widely regarded as the most significant overhaul of the tax code in last 30 years, have driven matrimonial attorneys and litigants into a frenzied state as they try to determine the impact of these changes on alimony awards. Continue Reading

Medicaid Expansion May Reduce Medical Divorce Rates

Posted in Divorce

Medical divorce is a term coined some years ago to describe a divorce obtained for medical reasons. More specifically, according to an article by George Diepenbrock, researchers defined “medical divorce” as “an instance where one partner becomes diagnosed with a degenerative disease, such as early onset dementia. The couple could drain its assets, including retirement savings, to pay for treatment. However, some couples instead choose to divorce to shield one person’s assets. The sick partner would eventually qualify for Medicaid.” Continue Reading

Fletcher Cox Case Brings Attention to the Claim of Alienation of Affection

Posted in Divorce, Separation

A lawsuit in North Carolina related to the end of a marriage has garnered a great deal of media coverage lately.  The Charlotte Observer reported that Philadelphia Eagles defensive lineman, Fletcher Cox, is being sued by a Huntersville, North Carolina man.  The suit alleges Fletcher Cox seduced the man’s wife and ruined their marriage. Continue Reading

Are We Headed for Divorce Season?

Posted in Divorce

An article in Medical News Today  highlights a study by University of Washington Associate sociology Prof. Julie Brines and doctoral candidate Brian Serafini that found patterns in the timing of filing for divorce. Specifically, the study found “biannual patterns of filings for divorce – that divorce is seasonal during the periods following winter and summer vacations.” Continue Reading

Parental Alienation in High Conflict Custody Cases

Posted in Custody, Pennsylvania

One of the most challenging aspects of divorce for parents is learning to move past the marital conflict in order to promote a healthy relationship between the children and a soon-to-be ex. All too often, in high conflict divorce, parents lose sight of how their behavior towards one another affects their children. Regardless of how contentious the divorce becomes, it is crucial that parents keep children out of the marital conflict as it can have lasting and damaging emotional consequences for the children and legal consequences for the parent. In recent years, courts have adjudicated an increasing number of custody cases involving parental alienation, which is when one parent consciously or unconsciously undermines and interferes with the children’s relationships with the other parent. Continue Reading