Category: Court Decisions

Equal Custody Trumps Long Commute to School

April 12, 2015 | Blog, Child Custody, Court Decisions

Icon for author Brian Vertz Brian Vertz

When one parent moves to a new neighborhood after having equal shared custody, the move might cause a longer commute time for a children traveling to and from school.  In a recent published decision, the Superior Court of Pennsylvania considered whether it was reasonable to shift primary custody to one parent in order to limit the child’s commuting time. In R.S. v. T.T., 2015 Pa. Super. 72 (April 10, 2015), […]

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Father Reasonably Withheld Support for College Tuition

September 14, 2014 | Blog, Child Support, Court Decisions

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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Child Support Agreement Does not Limit Father’s Obligation

September 07, 2014 | Blog, Child Support, Court Decisions

Icon for author Brian Vertz Brian Vertz

A recent Pennsylvania Superior Court decision considers: (a) whether a father’s child support obligation is limited by a settlement agreement; and (b) whether the court should assign an earning capacity to a mother who provides full time care for a special needs child. Morgan v. Morgan, 2014 PA Super 176  (Pa.Super.2014) Mother and Father in this case were divorced, and settled their economic claims by written agreement in Maryland in […]

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College Support Agreement Enforceable in Pennsylvania

September 07, 2014 | Blog, Child Support, Court Decisions

Icon for author Brian Vertz Brian Vertz

Divorced and separated parents in Pennsylvania with children going off to college may wonder who is responsible for paying the tuition. A recent Superior Court court decision reminds us of the law governing college support in Pennsylvania. W.A.M. v. S.P.C., 2014 PA Super 139 (Pa.Super.2014) When Mother and Father divorced in Missouri in 2001, they settled their claims by written agreement, including a provision for child support. Their child support […]

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