Author: Brian Vertz

Divorce and Discovery: Superior Court Rejects Privacy Interest to Justify Protective Order

August 21, 2014 | Court Decisions, Divorce, Legal Perspective

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Pennsylvania residents who are getting divorced may face the daunting task of answering discovery: interrogatories and document requests. Some may wonder why they must produce personal information, such as checking account records that show purchases made long after a marital separation, or tax returns that include the income of a new spouse. Will the Pennsylvania courts enter a protective order to prohibit the discovery of personal information? A recent en […]

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Child Support Taken from Retained Earnings of Business

July 23, 2014 | Child Support, Court Decisions, Legal Perspective

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When a business owner in Pennsylvania owes child support, he or she may consider whether to include the retained earnings that are not distributed to owners in calculating child support.  A recent decision of the Superior Court (non-precedential) answers this question by making reference to a previous child support decision.  In M.J. v. S.J., No. 747 WDA 2013 (July 16, 2014), the owner of a consulting business organized as a Subchapter […]

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Parents Held in Contempt of Custody Order for Chronic Tardiness and Spurious CYF Investigations

July 23, 2014 | Child Custody, Court Decisions, Legal Perspective

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Pennsylvania parents who have custody orders may experience frustration when the other parent does not comply.  A recent decision of the Superior Court (unpublished) affirmed the Montgomery County courts, holding both parents in contempt for various violations of their custody order.  In M.B. v. L.G., No. 2947 EDA 2013 (July 18, 2014), the father of a ten year old child filed a custody contempt petition against the child’s mother when she […]

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Parent’s Obligation to Pay for College Does Not Justify Child Support Adjustment

July 16, 2014 | Child Support, Court Decisions, Legal Perspective

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Parents who are paying for their children’s college tuition in Pennsylvania may wonder if they are entitled to an adjustment of the support obligation for their minor children who have not yet entered college.  The Superior Court recently addressed that issue in an unpublished decision, M.J. v. S.J., No. 747 WDA 2013 (July 16, 2014).  The mother of the children in that case was receiving child support from the children’s father. […]

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World’s Most Expensive Divorce

May 31, 2014 | Family Law News, Legal Perspective

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She got less than half, but divorcee Elena Rybovleva, ex-wife of Russian fertilizer king Dmitri Rybovlev, age 47, can hardly complain about what she received in her recent divorce, billed as “the world’s most expensive.”  Out of a $12+ billion fortune, a Swiss divorce court carved out more than $4.5 billion for ex-wife Elena. The stakes were high.  The New York Post outlined some of Mr. Rybovlev’s unbelievable holdings, including an artwork and furniture collection valued […]

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Overcoming the Presumption of Joint Title – Convenience Property

May 31, 2014 | Court Decisions, Legal Perspective

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A Pennsylvania resident who is pursuing a divorce might be concerned about property that is titled in their name for the convenience of a family member, like an elderly parent or a child who has poor credit. A new decision of the Superior Court (unpublished) outlines a legal argument for keeping that property out of the hands of the estranged spouse.  In Werdenbaugh v. Werdenbaugh, No. 1306 MDA 2013 (May 29, 2013), […]

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