Michael E. Bertin

June 11, 2013 | The Legal Intelligencer

In Pennsylvania, child support is based on an income-driven system. To calculate child support, both parties' net incomes are obtained and then applied to a guideline. Pursuant to 23 Pa. C.S. §4302, for purposes of child support, "income" includes compensation for services, including, but not limited to, wages, salaries, bonuses, fees, compensation in kind, commissions and other similar items. Income also includes income derived from businesses, gains derived from dealings in property, interest, rents, royalties, dividends, annuities and income from life insurance and endowment contracts.

By Michael E. Bertin

9 minute read

August 09, 2011 | The Legal Intelligencer

Recently, a number of Pennsylvania Superior Court cases have been published pertaining to jurisdiction in child custody cases.

By Michael E. Bertin

10 minute read

December 11, 2007 | Law.com

The recent Pennsylvania Superior Court case of Nash v. Herbster is a case of first impression with regard to the effect of the new Subsection (f) to Pennsylvania Rule of Civil Procedure 1910.19 regarding support modification.

By Michael E. Bertin

8 minute read

April 10, 2007 | The Legal Intelligencer

The recent case of Kulp v. Kulp marks the first time that the Superior Court has been faced with the issue of whether a trial court, in a divorce action, may order the division of the cremated remains between the parents of a deceased child.

By Michael E. Bertin

8 minute read

October 14, 2008 | The Legal Intelligencer

In Pennsylvania child custody cases, two issues frequently arise: the court interviewing a child and expert reports. The Pennsylvania Superior Court Case of Ottolini v. Barrett covers both of these issues.

By Michael E. Bertin

9 minute read

April 10, 2012 | The Legal Intelligencer

The recent Pennsylvania Superior Court case of Moser v. Renninger, 2012 Pa. Super. 59, 1037 MDA 2011 (March 6, 2012), provides a reminder to family law practitioners that a declaratory judgment that does not end litigation is interlocutory and unappealable.

By Michael E. Bertin

6 minute read

August 14, 2012 | The Legal Intelligencer

In Pennsylvania, when spouses separate, there are two forms of monthly payments one spouse may seek from the other. The two forms are spousal support and alimony pendente lite. Spousal support and alimony pendente lite are calculated in the same fashion. However, a spouse cannot receive both. Further, alimony pendente lite is only available if a divorce action is pending. A major difference between spousal support and alimony pendente lite is that the payor spouse may claim an entitlement defense when a party seeks spousal support. Entitlement defenses are not available to defend against an alimony pendente lite claim. Because of this, when a divorce action is pending, it is common that the party earning less income will seek alimony pendente lite.

By Michael E. Bertin

10 minute read

April 09, 2013 | The Legal Intelligencer

Under Pennsylvania law, "legal custody" is defined as: "The right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions." "Sole legal custody" is defined as: "The right of one individual to exclusive legal custody of the child."

By Michael E. Bertin

6 minute read

December 09, 2008 | The Legal Intelligencer

The recent Pennsylvania Superior Court case of Hopkins v. Byes reiterates that it may be appropriate for a trial court to order attorney fees against a party found in contempt for failing to follow a child custody order.

By Michael E. Bertin

8 minute read

October 10, 2006 | The Legal Intelligencer

The recent Pennsylvania Superior Court case of Fuehrer v. Fuehrer reminds the family law practitioner of the importance of an expert and a custody evaluation/assessment in relocation cases.

By Michael E. Bertin

10 minute read