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Bortz v. Bortz, No. 1147 MDA 2015 (April 27, 2016)(non-precedential) Husband in this case was a Williamsport police officer who entered into a settlement with his wife when they divorced.  Their agreement provided that she would receive fifty-five percent (55%) of the “marital portion of Husband’s retirement account(s) and/or pension plan(s) through his employment with the City of Williamsport.” The “marital portion” would be determined “pursuant to current law,” said […]

C.O. aka C.G. v. N.G., No. 808 MDA 2015 (April 26, 2016)(non-precedential) In 2014, Father petitioned to modify his support obligation due to a medical condition known as thalassemia major, which is an inherited blood disorder that is treated with transfusions to restore red blood cells.  Father had stopped working full time as a Certified Public Accountant and had been unemployed for eight months.  He previously earned $52,000 to $54,000 […]

The Superior Court addressed a novel question in Trust under Deed of David P. Kulig, 2015 PA Super 271 (December 24, 2015), a dispute between the second wife of a decedent and the children of his first wife. The decedent David Kulig formed a revocable trust while married to his first wife Joanne, providing that his children would receive the principal balance of the trust upon his death if Joanne […]

In Orris v. Orris, No. 340 WDA 2015 (September 30, 2015), a non-precedential decision, the husband and wife entered into a marital settlement agreement after Wife procured an appraisal of the timber rights associated with marital property. In the agreement, Husband surrendered the timber rights to Wife in exchange for the marital residence. Subsequently, after the divorce was finalized, Husband presented a petition to rescind the agreement on the grounds […]

In Semulka v. Semulka, No. 1302 WDA 2014 (August 31, 2015), the Superior Court in a non-precedential opinion considered whether a marital settlement agreement could be enforced after a former husband and wife reconciled their marriage, and then broke up again. More specifically, Husband and Wife signed an agreement after Wife filed a divorce action, and in that agreement, Husband was obligated to pay $40,000 cash to Wife in three […]

An evolving definition of family is challenging our courts to consider who may legally participate in child-rearing, and who is financially responsible.  The Supreme Court of Pennsylvania took a step on December 29, 2015, by issuing its opinion in A.S. v. I.S., 108 A.3d 1280 (2015).  In its majority opinion, the Court held that a step-parent who vigorously litigated for custody rights (even though he was not biologically related to the […]