Yearly Archives: 2015

Failure to Report Income Results in Retroactive Child Support Award (12+ years)

September 09, 2015 | Blog, Child Support, Court Decisions

Icon for author Brian Vertz Brian Vertz

When divorced or unmarried parents who owe child support fail to report their income to the court, the consequences can be severe.  That’s what happened in Cortes v. Cortes (non-precedential), No. 624 WDA 2014 (Pa.Super., September 3, 2015).  The mother and father in this case were divorced in Texas in 2000 after a twenty year marriage.  There was a child support order running in Allegheny County, where mother moved with […]

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Undisclosed Trust Distributions May Justify Retroactive Child Support Modification

August 13, 2015 | Blog, Child Support, Court Decisions, Income Calculations

Icon for author Brian Vertz Brian Vertz

Parents who receive trust distributions may have a duty to disclose the amount and source, even if the trust distributions do not necessarily constitute income for child support purposes.  That’s one of the issues raised by Eisenman-Gomez v. Gomez, No. 1596 WDA 2014 (August 11, 2015), a recent decision of the Superior Court that should have been published, but wasn’t. In Eisenman-Gomez, the mother of two minor children failed to disclose nearly […]

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Do you need a prenup to deal with frozen eggs?

July 23, 2015 | Blog, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

Women and their parenting partners who are contemplating in vitro fertilization (IVF), zygote intrafallopian transfer (ZIFT), surrogacy and other alternative reproductive techniques (ART), should seriously contemplate their need for a pre- or post-nuptial agreement or cohabitation agreement, in order to determine how the frozen embryos will be used, stored or disposed in the event of a divorce or breakup.  IVF is a fertility treatment in which sperm and eggs are combined […]

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Corporate Successor Not Marital Property Following Post-Sep Business Failure

There is often suspicion when a business that would be marital property fails shortly after marital separation, particularly if the owner spouse subsequently starts a new business.  This is the situation that the Superior Court addressed in its recent opinion, Weisman v. Weisman, Nos. 1471 EDA 2014 (July 14, 2015), a non-precedential decision. Husband was the founder of PRN Healthcare Services, a company that provided skilled and non-skilled nursing care in Montgomery […]

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