Obermayer Family Matters

Obermayer Family Matters

Pennsylvania Child Support and Adjustments for Extra Expenses

Posted in Child Support, Pennsylvania, Support

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

Enforcing Court Orders in Family Law

Posted in Child Support, Divorce, Enforement, New Jersey

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

Registration of Out of State Custody Orders

Posted in Custody

Custody of childMost 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

CUSTODY: RELOCATION AND SCHOOL CHANGES-PLAN AHEAD

Posted in Custody, Relocation

Children boarding school busSchool 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

What are my Custodial Rights and Financial Responsibilities Toward my Eighteen Year Old Child?

Posted in Custody, Pennsylvania, Support

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

If You Have Plans to Travel with Your Children This Summer Here Are 5 Things You Need To Know

Posted in Custody

 

  1. 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.iStock child travel 13032984_ Continue Reading

How Computer Forensics Can Affect Your Divorce Case

Posted in Divorce, Social Media

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

Custody Dispute in Scarlett Johansen’s Divorce

Posted in Custody, Relocation

In an example of life imitating art, Scarlett Johannsen has found herself in the middle of a civil war. The Captain America: Civil War star has been embroiled in a now public child custody dispute with her estranged husband, Romain Dauriac.  The two celebrities were negotiating a settlement behind closed doors. However, since filing for divorce in New York on March 7, Johannsen’s custody battle over her 2 year old daughter has become very public. Many speculate Johannsen’s divorce filing was a preemptive strike by her legal team to ensure that New York had jurisdiction over the child custody and potential relocation dispute. Dauriac has stated that he intends to move back to Paris with the couple’s daughter if he is awarded custody. Continue Reading