Yearly Archives: 2013

How College Savings and Custodial Accounts Are Treated in Divorce

October 15, 2013 | Child Support, Legal Perspective

Icon for author Brian Vertz Brian Vertz

As a family lawyer, I have seen more and more families saving for their children’s futures in recent years. That’s a good sign. But when parents get divorced, what happens to the college savings can be unpredictable.  There are at least four different vehicles for college savings: (a) Uniform Transfers to Minors Act (“UTMA”) custodial accounts; (b) 529 College Savings accounts; (c) Coverdell educational accounts; and (d) joint bank and […]

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No Blood Testing Allowed in Paternity Case

October 01, 2013 | Child Support, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

A recent decision of the Superior Court examined the “best interests” standard in paternity cases. R.K.J. v. S.P.K., 2013 Pa.Super. 259 (September 26, 2013).  R.K.J. (“Mother”) gave birth to a child, and her boyfriend S.P.K. (“Father”) signed an acknowledgment of paternity in the hospital, even though he knew that he was not the biological father. What he didn’t know is that Mother was not yet divorced from R.J., Jr. (“Husband”) […]

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Marital Settlement Agreement Contains Implied Obligations

In an unpublished decision, the Superior Court has considered the plight of a spouse who entered into a marital settlement agreement thinking that her husband would pursue a gas/oil lease, from which she was entitled to receive a share of the royalties. The Jenkins v. Jenkins decision (No. 1025 WDA 2012, September 26, 2013) arose from a Fayette county case, in which the wife sued the husband for breach of […]

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Same-sex Spouses Get Equal Treatment under ERISA, says DOL

September 30, 2013 | Family Law News, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Same-sex couples will be treated as equal to other married couples under the law that governs health insurance and retirement benefits for private employers.  The U.S. Department of Labor recently issued Technical Release 2013-04 (September 18, 2013), which provides: On June 26, 2013, the Supreme Court of the United States ruled, in United States v. Windsor, that section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. . . . […]

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In-kind Distribution of Stock Disfavored by Divorce Court

A decision announced recently by the Supreme Court of Rhode Island, McCulloch v. McCulloch, 69 A.3d 810, illustrates why buyouts are generally favored over in-kind distributions of stock when dividing the value of family businesses in equitable distribution proceedings. The trial court in McCulloch, faced with uncertain valuations of the businesses from both sides and a court-appointed expert, elected to award 25% of the stock to Wife and 75% to […]

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Pittsburgh Family Law Attorney Daniel H. Glasser- What I Love About my Job

September 07, 2013 | Videos

Icon for author Pollock Begg Pollock Begg

For more than two decades, Pollock Begg Partner Daniel H. Glasser has negotiated and tried family law cases involving complex issues such as business valuation, tax, and equitable distribution. Adept at preparing difficult cases in short time spans, Glasser is known for being a workout specialist on tough cases. His ability to think on his feet and perform quick mental calculations gives him an edge in litigating complex cases, which enables him to consult […]

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