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Perhaps the recent non-precedential Superior Court opinion in Rice illustrates the hazard that is inherent when a business owner gives half of the stock and pays an equal salary to his spouse who does not actually work in the business. The Fayette County trial court in Rice v. Rice, No. 1125 WDA 2012 (October 31, 2013) awarded 57% of the marital estate to the husband, including all of the stock […]

A non-precedential opinion of the Superior Court affirms the decision of a Lackawanna County court, which granted a Protection from Abuse order against the father of two young children. In E.B. v. H.S., No. 1906 MDA 2012 (October 1, 2013), the Father appealed a decision that granted a PFA against him, enjoining contact with his wife or two young children until they should be interviewed by a guardian ad litem. The […]

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 […]

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”) […]

In an unpublished decision, the Superior Court has considered the plight of a spouse who entered into a marital settlement agreement thinking that her husband would pursue a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 […]

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. . . . […]