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Michael E Bertin

Michael E Bertin

April 12, 2021 | The Legal Intelligencer

Child Support Action Dismissed Over Lack of Acknowledgement of Paternity

The recent Pennsylvania Superior Court case of Denelle v. Denelle, 243 A.3d 230 (Pa. Super. 2020) addressed an interesting issue regarding the intersection of the signing of an acknowledgement of paternity and child support.

By Michael E. Bertin

7 minute read

February 08, 2021 | The Legal Intelligencer

Downward Deviation of Child Support for Disabled Adult Child Not Warranted

When there is a mental or physical condition that prevents the child from being able to support himself after the child reaches age 18 or graduating high school, the parental obligation of support may continue.

By Michael E. Bertin

8 minute read

December 16, 2020 | The Legal Intelligencer

Postnuptial Agreement Invalidated on Grounds of Duress

Because postnuptial and prenuptial agreements are contracts, they are governed by the same rules of law used in determining the validity of contracts. Further, a full financial disclosure by each contracting party is a necessary requirement in the formation of postnuptial and prenuptial agreements.

By Michael E. Bertin

10 minute read

October 19, 2020 | The Legal Intelligencer

The Impact of Parental Alienation in Child Custody Litigation

From time to time, one parent undermining the other parent's relationship with their children is a prevailing factor in custody cases. The undermining by one parent of the other parent's relationship with their children has been referred to as "parental alienation," which is a controversial subject in psychological and legal fields.

By Michael E. Bertin

7 minute read

August 17, 2020 | The Legal Intelligencer

Treatment of 529 Account in Divorce Settlement Agreement

An increasingly common issue faced by divorcing spouses, as well as family law attorneys, is the treatment and disposition of custodial accounts and 529 accounts for the parties' children.

By Michael E. Bertin

8 minute read

June 22, 2020 | The Legal Intelligencer

Alimony Agreement Non-Modifiable Unless Permitted by Agreement

When alimony exists pursuant to an agreement between the parties, the language of the agreement controls the alimony and the alimony is only modifiable or subject to suspension or termination if the agreement so provides.

By Michael E. Bertin

7 minute read

April 13, 2020 | The Legal Intelligencer

Indirect Criminal Contempt of PFA Not Affected by Failure to Obtain Final Order

In the recent case of Commonwealth v. Wilson, the issue on appeal was whether the trial court erred in sua sponte vacating its judgment finding the defendant guilty of indirect criminal contempt for violating an emergency order entered pursuant to the PFA Act during the subsequent sentencing hearing.

By Michael E. Bertin

7 minute read

February 10, 2020 | The Legal Intelligencer

Medical Marijuana and Child Custody: A New Frontier in Pa.

With the passage of the Medical Marijuana Act and the legalization of medical marijuana in Pennsylvania the issue of a parent's marijuana use is not as clearly dispositive in a child custody case as it has been in the past.

By Michael E. Bertin

8 minute read

December 13, 2019 | The Legal Intelligencer

Support Order Affirmed Under Paternity by Estoppel Argument

A number of issues and doctrines in the area of family law appear to be debated more than others. One hotly debated doctrine is the paternity by estoppel doctrine related to child support. Under the doctrine, a person can be ordered to pay child support for a child that is not his biological child.

By Michael E. Bertin

7 minute read

October 21, 2019 | The Legal Intelligencer

Custody Appeal Vacated as Untimely After Denial of Reconsideration

The interplay between motions for reconsideration and timely appeals is one that can cause trouble if the litigant and attorneys are not careful.

By Michael E. Bertin

6 minute read