Category: Court Decisions

Business Owner’s Bad Bookkeeping Criticized in Child Support Action

The Superior Court articulated its intolerance for a business owner’s shady bookkeeping practices in M.K.K. v. T.C.J., No. 129 WDA 2012 (July 25, 2013), a child support action arising from Washington County. The father in this case, who owned and operated a vacuum cleaner sales and repair shop as a Schedule C business for over thirty years, had not filed a tax return since 2007. His 2006 tax return reported revenues […]

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International Custody Fight – Contempt of Agreement Bolsters Statutory Factors in Father’s Win

July 27, 2013 | Child Custody, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

The appeals in R.M. v. S.B., No. 2879 EDA 2012 (July 25, 2013) arose from an international custody dispute, in which the father resided in France and Mother resided in Montgomery County, Pennsylvania. At an earlier stage of the child’s life, the child lived in France with the father for several months in 2010. Subsequently, Mother and Father reached an agreement, which was ratified by a New Jersey court, in which […]

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Late-Stage Request for APL Denied Because Petitioner Delayed Divorce

In an unpublished opinion, the Superior Court affirmed a Fulton County decision denying alimony pendente lite (APL) to an unemployed husband who was accused of delaying the divorce. In DeSaulniers v. DeSaulniers, No. 1386 MDA 2012 (July 3, 2013), the husband and wife participated in master’s hearings to divide marital property in late 2010. A master’s report was issued in the spring 0f 2011. Husband filed exceptions, resulting in a remand […]

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Concealed Oil and Gas Rights Are Marital Property Subject to Equitable Distribution

A recent unpublished decision of the Superior Court of Pennsylvania confirms that oil and gas rights, not disclosed in the discovery or inventories of the divorcing spouses, nevertheless must be considered when dividing marital property in equitable distribution. In Welsh v. Welsh, No. 237 WDA 2012 (June 19, 2013), the Superior Court affirmed the decision of the Washington County judge. In that case, husband and wife filed inventories in which […]

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Flipping Loss Not Deductible from Income in Child Support Action

The Superior Court in K.J.P. v. R.A.P., 68 A.3d 974 (Pa.Super. 2013) examined losses emanating from a parent’s investment activity apart from his primary employment. In addition to his regular employment as a marketing and product development consultant, Father was engaged in the purchase, renovation and sale of residential properties, owning as many as 20 houses at at time. In order to gain tax advantages, Father testified that he sometimes […]

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Vague Threat “Or Else” May Be Enough for Protection From Abuse

During a custody exchange, a child’s father told that the mother that she’d better not refer to her boyfriend as the child’s dad “or else.”  While yelling at her, he pointed his finger in her face.  He also placed his hands around her boyfriend’s hands and squeezed. Upset and fearful, the mother applied for an extension of an existing PFA (protection from abuse) order. The trial court found that father […]

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