Blog

A few months ago, the Pennsylvania Supreme Court resculpted the landscape of paternity cases in K.E.M. v. P.C.S., 38 A.3d 798 (Pa.2012), by establishing a “best interests” standard in cases where the presumption of paternity by estoppel might apply. Paternity by estoppel is a legal principle that prohibits the genetic testing of children who have the benefit of an unmarried father’s love, care and financial resources. As the Superior Court […]

For the past few years, some Pennsylvania counties have experimented with parenting coordination, which involves the appointment of a lawyer or therapist to assist parents in resolving routine conflicts that do not (read: “should not”) rise to the level of judicial intervention. Perhaps this method ultimately will be abandoned, as rumors have it, but for now, there is a recent decision emphasizing the importance of judicial oversight. In A.H. v. […]

One of the first issues that spouses may encounter during a marital separation is the problem of protecting assets, particularly bank accounts, investments, personal property, and cash. There is a natural tendency toward mistrust at the beginning of a divorce case, which can lead to paranoia or  reckless misdeeds if it is not handled properly. These tips can help to avoid stressful conflict during marital separation: 1. Start a new […]

In Doolittle v. Commissioner, T.C. Summary Opinion 2012-103 (2012), a NON-precedential opinion of the U.S. Tax Court, the taxpayer settled his divorce by entering into a marital settlement agreement, in which he agreed to pay $900 per month alimony until December 31, 2010. The alimony was intended to “help with college costs,” according to the 2003 settlement agreement. The child of the taxpayer and  his former wife would be 23 years […]

Many clients express concern, with good reason, about their credit ratings during and after divorce proceedings. One experienced divorce lawyer recently told me, “I can’t protect their credit. Protecting their assets is hard enough.” Yet, in some cases, a good credit rating is an important asset, as it provides the ability to borrow at reasonable rates to purchase a new home, finance the purchase of business inventory or equipment, or […]

In PHD v. RRD, 2012 PA Super 246 (November 13, 2012), the appeal arose in a custody proceeding. Father and Mother were the divorced parents of two children, whose custody was governed by a September 2011 custody order. That order limited Father’s custody to weekly supervised visits until he completed therapy, and specifically directed Father “to have no contact with the children other than supervised visits.” In January, 2012, Mother filed a contempt petition, in which […]