Category: Child Support

Social Media Boasting Torpedoes Child Support Reduction

May 11, 2016 | Child Support, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

C.O. aka C.G. v. N.G., No. 808 MDA 2015 (April 26, 2016)(non-precedential) In 2014, Father petitioned to modify his support obligation due to a medical condition known as thalassemia major, which is an inherited blood disorder that is treated with transfusions to restore red blood cells.  Father had stopped working full time as a Certified Public Accountant and had been unemployed for eight months.  He previously earned $52,000 to $54,000 […]

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Divorced stepparent who sought custody is responsible for child support

January 12, 2016 | Child Support, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

An evolving definition of family is challenging our courts to consider who may legally participate in child-rearing, and who is financially responsible.  The Supreme Court of Pennsylvania took a step on December 29, 2015, by issuing its opinion in A.S. v. I.S., 108 A.3d 1280 (2015).  In its majority opinion, the Court held that a step-parent who vigorously litigated for custody rights (even though he was not biologically related to the […]

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Sherri Shepherd decision confirms surrogacy contract in Pennsylvania

November 30, 2015 | Child Custody, Child Support, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

In re Baby S., 2015 Pa.Super. 244 (November 23, 2015) Sherri Shepherd, one of the hosts of the ABC-TV daytime talk show “The View,” and her ex-husband Lamar Sally were married for just over a year when they arranged a surrogate to bear their second child.  Having previously given birth to a child who was 15 weeks premature (by her first husband), Sheppard was deemed to be incapable of a natural pregnancy, […]

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

September 09, 2015 | Child Support, Court Decisions, Legal Perspective

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  That’s what happened in Cortes v. Cortes (non-precedential), No. 624 WDA 2014 (Pa.Super., September 3, 2015).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

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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Father Reasonably Withheld Support for College Tuition

September 14, 2014 | Child Support, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Parents who are divorcing in Pennsylvania often express willingness to pay for their children’s college tuition when the time should come.  Some parents even put their commitment in writing. Yet, as this case demonstrates, circumstances may change from the time of the divorce settlement to the time when children matriculate in college, and an effective agreement will anticipate those changes.  The Superior Court of Pennsylvania examined one of those agreements […]

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