April 26, 2024 | The Legal Intelligencer
Flexing the Muscles of the Court—Constructive Trust for Undisclosed AssetsOne of the hallmarks of property settlement agreements is the requirement for full and fair disclosure of assets and income. The need for full disclosure is self-evident, one cannot knowingly give up a right to an asset or income if they are not aware of its existence.
By Julie A. Auerbach
5 minute read
July 13, 2023 | The Legal Intelligencer
When a Move Is Not a Relocation Under the Custody Relocation StatuteDetermining what constitutes a relocation and when the requirements of the relocation statute apply are not always simple determinations. For example, is a move from the city to the suburbs a relocation?
By Julie A. Auerbach
7 minute read
May 26, 2022 | The Legal Intelligencer
Retained Earnings in Support—Who Bears the Burden of Proof?When retained earnings are identified as a potential form of income in a support case, the court has to determine whether the retained earnings are available for use and therefore should be included in the income of the person involved in the business.
By Julie A. Auerbach
9 minute read
January 06, 2022 | The Legal Intelligencer
Children and COVID-19—To Vaccinate or Not to VaccinateThe decision to vaccinate or not vaccinate often encompasses factors that are not based solely upon medical science. Instead, these decisions may be based upon religion, moral and even political beliefs.
By Julie A. Auerbach
7 minute read
May 20, 2021 | The Legal Intelligencer
Balancing Parents Free Speech Rights Against Protecting Children's PrivacyCan a court impose a gag order on parents from publicly voicing their opinions and dissatisfaction with court decisions? Is the impact of such public airing of grievances on children a factor in the imposition of a gag order? And what about the impact on the other parent?
By Julie A. Auerbach
7 minute read
February 04, 2021 | The Legal Intelligencer
Superior Court: Life Insurance Proceeds Are Not Marital AssetsThe case is interesting because of the unusual nature of life insurance proceeds as well as the fact that the courts had not previously faced this issue head on even though the divorce code has been in effect since 1980.
By Julie A. Auerbach
6 minute read
August 13, 2020 | The Legal Intelligencer
Superior Court Cracks Open the Door for Discovery of Mental Health RecordsThe Pennsylvania Superior Court has carved out an exception to the discovery of mental health records in C.L. v. M.P.
By Julie A. Auerbach
7 minute read
February 27, 2020 | The Legal Intelligencer
Distinguishing Between Corporal Punishment and Abuse in Custody DisputesWhen parents are separated and at odds with one another, each trying to point to the parenting weaknesses of the other and each competing for more time with their children, these parents are likely to be even more constrained in their use of corporal punishment.
By Julie A. Auerbach
6 minute read
December 30, 2019 | The Legal Intelligencer
Can Acts of Generosity Become Legal Support Obligations?As a matter of public policy, courts want to encourage the involvement of third parties when either or both parents are unable to care for their children. For this reason, courts have historically been disinclined to impose support obligations on third parties.
By Julie A. Auerbach
7 minute read
February 21, 2019 | The Legal Intelligencer
Business Valuation in Divorce Equity Prevails Over Fair Market ValueWhile Pennsylvania has not adopted one set standard for valuing businesses in a divorce, the case law demonstrates that Pennsylvania has traditionally adhered to a fair market value standard. But this approach is not absolute as evidenced by the recent Superior Court case of Brubaker v Brubaker, decided Dec. 18, 2018.
By Julie A. Auerbach and Sandra Klevan
6 minute read