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A non-precedential decision of the Superior Court recently addressed the defenses available to a father who failed to pay child support for fifteen years, after the mother told him that her new husband intended to adopt. Lloyd v. Ader, No. 934 MDA 2012 (March 15, 2013). The child in this case was two years old when his parents divorced in California. Mother and child moved to Virginia, where she was […]

The recent non-precedential decision in Deslam v. Deslam, No. 1237 WDA 2012 (March 15, 2013) presented the Superior Court with the dilemma of Ellen Deslam in the nadir of her third marriage, just 36 months from her Medicare eligibility date, after a five year union. Apparently the divorce raised no serious dispute over the division of marital property; the Superior Court’s opinion focused only on the issuance of a divorce […]

Judges can hardly be blamed for pressuring divorce litigants to settle their cases. Settlement eases the overcrowded dockets, legal expenses can be minimized, and most parties are more satisfied when they have some measure of control over the outcome. Still, some cases cannot be settled for a variety of reasons. When divorces are litigated, judges and litigants must follow the rules. In Barnhardt v. Barnhardt, an unpublished decision of the […]

The era of blended families presents dilemmas that family lawyers might recognize but remarrying spouses do not contemplate when they say “I do (again).” After divorce, a parent’s opportunities for careeer advancement may be limited, if he or she cannot relocate geographically for work or will not be relieved of a child support obligation temporarily to pursue further education. These limitations might also impact upon new spouses who bind their […]

A few months ago, the Pennsylvania Supreme Court resculpted the landscape of paternity cases in K.E.M. v. P.C.S., 38 A.3d 798 (Pa.2012), by establishing a “best interests” standard in cases where the presumption of paternity by estoppel might apply. Paternity by estoppel is a legal principle that prohibits the genetic testing of children who have the benefit of an unmarried father’s love, care and financial resources. As the Superior Court […]

In Doolittle v. Commissioner, T.C. Summary Opinion 2012-103 (2012), a NON-precedential opinion of the U.S. Tax Court, the taxpayer settled his divorce by entering into a marital settlement agreement, in which he agreed to pay $900 per month alimony until December 31, 2010. The alimony was intended to “help with college costs,” according to the 2003 settlement agreement. The child of the taxpayer and  his former wife would be 23 years […]