Category: Legal Fees

Gifts Still Not Income in Child Support Proceedings

In Suzanne D. v. Stephen W., 2013 Pa.Super. 93 (April 22, 2013), the Superior Court contemplated how to characterize $350,000 in money transfers that father received from his father, in the context of a post-divorce child support proceeding. Father testified that the transfers were loans, evidenced by a promissory note, which would be deducted from his inheritance if not repaid before his father’s death. Mother, on the other hand, claimed […]

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Unsuccessful Defense of Support Obligation Affirmed

Three related issues were addressed by the Superior Court last month in SMC v. WPC, 2012 PA Super 92 (April 24, 2012). First, the Superior Court held that evidence of post-separation misconduct rising to the level of indignities is not sufficient to establish a defense to spousal support unless it sheds light upon similar misconduct prior to separation. More specifically, the Court affirmed a decision not to deny spousal support to […]

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Can the Court Award Legal Fees in a Child Suppot Modification Proceeding?

February 18, 2009 | Court Decisions, Divorce, Legal Fees, Legal Perspective

Icon for author Brian Vertz Brian Vertz

An interesting, and perhaps unanswered, question which may arise in a child support modification proceeding is, “Can the court award legal fees to the prevailing party?” Since 1997, there has been statutory authority for awarding legal fees in a child support case. Previously, no statutory authority existed. 23 Pa.C.S. 4351 authorizes an award of legal fees where “an obligee prevails in a proceeding to establish paternity or to obtain a support […]

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