Author: Brian Vertz

Is Divorce Interfering with Your Family Business?

When business owners get divorced, the business may become a casualty if decisive measures are not taken. Divorcing business owners must consider how the company will be operated during the divorce process; the financial impact of divorce-related obligations, like spousal support and legal fees, on business cash flow; and the influence of rumors and conflict at work. These same considerations apply to licensed professionals, like dentists, physicians, accountants and others […]

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Child Support Liens Examined by Pennsylvania Superior Court

Law Provides Two Alternative Methods

October 02, 2017 | Child Custody, Child Support, Legal Perspective

Icon for author Brian Vertz Brian Vertz

When a parent who owes child support attempts to sell real estate, or collects a lump sum payment from a government agency, the law may authorize an automatic child support lien to collect the support arrears.  If the child support arrears are less than $5,000, the automatic child support lien imposed by 23 Pa.C.S. § 4308.1 may not apply, but the child support agency has the option of pursuing a […]

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Pennsylvania Child Support Guidelines Are Revised – February 2017

February 13, 2017 | Child Support, Income Calculations, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Parents who are receiving child support in Pennsylvania might get a small raise in 2017 — if they negotiate or go to court under the new Pennsylvania child support guidelines, effective May 1, 2017.  To find if you might be entitled to a raise (or have to pay more), look at the new Pennsylvania child support guidelines that are posted here. The Pennsylvania courts do not automatically grant child support […]

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Pennsylvania Supreme Court Strikes Down Part of Grandparent Custody Law

Parents' Marital Separation is Not Enough

September 17, 2016 | Child Custody, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Grandparents who seek custody rights faced a setback this month when the Pennsylvania Supreme Court struck down a portion of the law that allowed grandparents to sue for custody when the children’s parents were separated for at least six months.  The Supreme Court, in D.P. and B.P. v. G.J.P. and A.P., No. 25 WAP 2016 (September 9, 2016), examined the grandparent standing law, that defines which grandparents may sue for custody rights.  The law, […]

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Lack of Expert, Evidence Foils Business Valuation in Divorce

Personal Goodwill versus Enterprise Goodwill

When a business is an asset in a Pennsylvania divorce, the court needs detailed information — and often a business valuation in divorce — to perform equitable distribution. The information must be presented in court in an effective way.  Not having a business valuation or detailed information can lead to unexpected results.  Recently, in Sweeney v. Sweeney, No. 2164 EDA 2015 (August 30, 2016) (non-precedential), the Superior Court confronted a divorce case in which the […]

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Is Parental Conflict Too Great for Shared Custody?

Pennsylvania Appeals Court Weighs Shared Custody Factors

August 12, 2016 | Child Custody, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Estranged parents in Pennsylvania might wonder whether a court is likely to award shared custody when there is parental conflict. Recently the Superior Court of Pennsylvania, in S.A.W. v. R.J.S. (non-precedential), No. 2214 MDA 2015 (August 5, 2016), heard an appeal from a Father hoping to overturn a shared custody decision. The Father argued that shared custody was not in the children’s best interests because the parents were incapable of cooperating with […]

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