Category: Court Decisions

Can Grandparents Have Custody if Both Parents are Working?

August 31, 2014 | Child Custody, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Grandparents who are raising their grandchildren in Pennsylvania, while the parents work, might wonder if they have legal custody rights under the law. A recent decision of the Pennsylvania Superior Court (non-precedential) may contain an answer to that question.  In J.L. F.L .and L.L. v. A.A.M., No. 530 MDA 2014 (August 28, 2014), the mother and father resided with father’s parents when their son was born.  Father and Mother became separated, and […]

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Reality vs. Paternity: 17 Years is Too Late to Ask for DNA Paternity Test

August 22, 2014 | Child Support, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Men who pay child support in Pennsylvania to mothers who were never their wives may wonder whether the children they support are their own. These days, it is easy to administer a home paternity test and quickly learn whether there is a blood relation between the child and the man who is paying support. Yet, it’s a Pandora’s box, and once opened, the consequences might not be as one intended.  That’s […]

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Divorce and Discovery: Superior Court Rejects Privacy Interest to Justify Protective Order

August 21, 2014 | Court Decisions, Divorce, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Pennsylvania residents who are getting divorced may face the daunting task of answering discovery: interrogatories and document requests. Some may wonder why they must produce personal information, such as checking account records that show purchases made long after a marital separation, or tax returns that include the income of a new spouse. Will the Pennsylvania courts enter a protective order to prohibit the discovery of personal information? A recent en […]

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Child Support Taken from Retained Earnings of Business

July 23, 2014 | Child Support, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

When a business owner in Pennsylvania owes child support, he or she may consider whether to include the retained earnings that are not distributed to owners in calculating child support.  A recent decision of the Superior Court (non-precedential) answers this question by making reference to a previous child support decision.  In M.J. v. S.J., No. 747 WDA 2013 (July 16, 2014), the owner of a consulting business organized as a Subchapter […]

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Parents Held in Contempt of Custody Order for Chronic Tardiness and Spurious CYF Investigations

July 23, 2014 | Child Custody, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Pennsylvania parents who have custody orders may experience frustration when the other parent does not comply.  A recent decision of the Superior Court (unpublished) affirmed the Montgomery County courts, holding both parents in contempt for various violations of their custody order.  In M.B. v. L.G., No. 2947 EDA 2013 (July 18, 2014), the father of a ten year old child filed a custody contempt petition against the child’s mother when she […]

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Parent’s Obligation to Pay for College Does Not Justify Child Support Adjustment

July 16, 2014 | Child Support, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Parents who are paying for their children’s college tuition in Pennsylvania may wonder if they are entitled to an adjustment of the support obligation for their minor children who have not yet entered college.  The Superior Court recently addressed that issue in an unpublished decision, M.J. v. S.J., No. 747 WDA 2013 (July 16, 2014).  The mother of the children in that case was receiving child support from the children’s father. […]

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