Michael E Bertin

February 06, 2023 | The Legal Intelligencer

If the protection from abuse order is violated, the commonwealth may institute a criminal proceeding for indirect criminal contempt. If the commonwealth is successful, and the defendant is convicted, the defendant will suffer a criminal sentence, which may include probation or incarceration for up to six months.

By Michael E. Bertin

9 minute read

December 12, 2022 | The Legal Intelligencer

When parties enter into a "marriage" settlement agreement, also referred to as a "marital" settlement agreement, the parties are entering into a traditional contract. As such, marital settlement agreements are governed by contract law.

By Michael E. Bertin

8 minute read

October 17, 2022 | The Legal Intelligencer

The decision of whether to allow a child to receive any vaccination is a legal custody decision. When the parties reach an impasse regarding a legal custody decision, the trial court is the tie breaker.

By Michael E. Bertin

8 minute read

August 15, 2022 | The Legal Intelligencer

The bedrock of prenuptial agreements and marital settlement agreements in family law is the full and fair financial disclosure provided by each party. The seminal case regarding the issue of disclosure is Simeone v. Simeone, 581 A.2d 162 (Pa. 1990). The recent case of Zabrosky v. Smithhower-Zabrosky, 273 A.3d 1108 (Pa. Super. 2022), addresses a number of interesting issues pertaining to marital settlement agreements.

By Michael E. Bertin

7 minute read

June 16, 2022 | The Legal Intelligencer

Pursuant to the Pennsylvania support law, "income" is defined very broadly. The definition, includes, but is not limited to, wages, salaries, bonuses, fees, commissions, interest, rents, royalties, dividends, pensions and all forms of retirement.

By Michael E. Bertin

5 minute read

April 11, 2022 | The Legal Intelligencer

The removal of the word "interrogation" from the rule marked a sign of sensitivity toward the issue of a child having to speak to a judge about the child's parents in a child custody case.

By Michael E. Bertin

7 minute read

February 07, 2022 | The Legal Intelligencer

Federal law requires that states establish guidelines for child support. Pennsylvania's child and spousal support statute, 23 Pa.C.S. Section 4322(a), provides for a Supreme Court rule establishing a statewide support guideline. P

By Michael E. Bertin

7 minute read

December 07, 2021 | The Legal Intelligencer

In protection from abuse cases, a common component of an order entered by the trial court is that the defendant is precluded from residing in a shared residence with the plaintiff and is precluded from contacting the plaintiff.

By Michael E. Bertin

6 minute read

October 18, 2021 | The Legal Intelligencer

With the enactment of Section 5339, there was now a specific avenue that a practitioner could take to combat a "frequent flyer" who constantly drags the other party back to court with filing after filing.

By Michael E. Bertin

6 minute read

August 17, 2021 | The Legal Intelligencer

In Pennsylvania, there are two forms of child custody: legal custody and physical custody. Under Pennsylvania's Child Custody Act, "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."

By Michael E. Bertin

7 minute read