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In Crouse v. Crouse, No. 639 MDA 2013 (unpublished, January 7, 2014), the mother and father settled their child and spousal support case when they first separated in 2008. At that time, Father was a principal of a corporation in the construction industry. Eleven months later, the support obligation was reduced when one of the children was emancipated, and subsequently, the spousal support terminated. In the fall of 2012, Father petitioned […]

One of the first published family law decisions this year is Boykai v. Young, 2014 PA Super 4  (January 7, 2014), a protection from abuse action arising from Bucks County. In Boykai, a husband was evicted from the marital residence and prohibited from having any contact with his wife for a period of one year, based upon evidence that he forced her to have too much sex. During the marriage, according […]

The Superior Court’s memorandum opinion in Edkin v. Edkin, No. 2017 MDA 2013 (December 23, 2013) arose from a case involving a veterinary practice in the context of divorce.  The wife in Edkin filed a divorce action in 2001. Equitable distribution hearings were held in 2002, 2003, 2004, 2007 and 2009, resulting in a master’s report issued in 2010. Exceptions were argued in 2010 and 2011, resulting in a final […]

In a non-precedential opinion, the Superior Court of Pennsylvania recently considered the appeal of a husband who unsuccessfully requested a judge to recuse himself from a divorce proceeding over which he was presiding. The wife was a four-term county commissioner and Republican Party-backed candidate for statewide office, in a county that is heavily Republican. The husband in his appeal cited several rulings that he interpreted as favorable to the wife, […]

An en banc panel of the Superior Court last month issued an important decision on the issue of whether disability payments should be characterized as marital property in the context of a divorce. In Yuhas v. Yuhas, 2013 PA Super 283 (October 28, 2013), a surgeon underwent a carpal tunnel surgery several months prior to the date of separation, rendering him unable to operate as a vascular surgeon. Husband and Wife […]

Perhaps the recent non-precedential Superior Court opinion in Rice illustrates the hazard that is inherent when a business owner gives half of the stock and pays an equal salary to his spouse who does not actually work in the business. The Fayette County trial court in Rice v. Rice, No. 1125 WDA 2012 (October 31, 2013) awarded 57% of the marital estate to the husband, including all of the stock […]