June 24, 2019 | The Legal Intelligencer
Statute of Limitations Bars Enforcement of Provision in Property Settlement AgreementThe interplay between the statute of limitations for contracts and property settlement agreements has been debated and appeared in numerous appellate opinions over the years.
By Michael E. Bertin
8 minute read
April 15, 2019 | The Legal Intelligencer
Attorney Fees Award in Protection From Abuse Case ReversedThe greatest number of cases in Family Court that are filed and litigated throughout the commonwealth, whether in heavily populated cities and counties or rural counties, are protection from abuse cases under the Protection From Abuse Act.
By Michael E. Bertin
6 minute read
February 13, 2019 | The Legal Intelligencer
Support Guidelines Change in Light of Trump's New Tax LawsEffective Jan. 1, 2019, Section 11051 of the Tax Cuts and Jobs Act of 2017 amended the Internal Revenue Code by repealing the alimony deduction from the payor's gross income and the inclusion of alimony in the payee's gross income when filing federal income tax returns.
By Michael E. Bertin
7 minute read
December 14, 2018 | The Legal Intelligencer
Divorce Decree and Equitable Distribution Vacated After Death of Spouse With DementiaWith the age of baby boomers continuing to increase, the issue of incompetency and the abatement of divorce or litigation of equitable distribution post the death of a divorced litigant is gaining more attention by family law practitioners.
By Michael E. Bertin
6 minute read
October 22, 2018 | The Legal Intelligencer
'Wiseman' Analysis in Shared Custody Determinations No Longer ApplicableThe seminal cases regarding the awarding of shared custody are the cases of In Re: Wesley JK, 445 A.2d 1243 (Pa. Super. 1982) and Wiseman v. Wall, 718 A.2d 844 (Pa. Super. 1998). Under these cases, trial courts are to consider four factors when awarding shared custody.
By Michael E. Bertin
7 minute read
August 20, 2018 | The Legal Intelligencer
Reasonable Needs Now to Be Considered in High-Income Child Support CasesThe recent Pennsylvania Supreme Court case of Hanrahan v. Bakker, 186 A.3d 958 (Pa. 2018), a unanimous decision, and a case of first impression, changes the application of the high-income child support guidelines in Pennsylvania.
By Michael E. Bertin
8 minute read
June 26, 2018 | The Legal Intelligencer
New Child Custody Law Opens Door a Bit for Grandparents, Third PartiesOn July 4, a change to the child custody laws in Pennsylvania will impact standing for grandparents and third parties. Historically, grandparents have been given an elevated status with regard to child custody matters.
By Michael E. Bertin
1 minute read
April 16, 2018 | The Legal Intelligencer
Court Examines the Impact of Retirement in Alimony Termination CaseAlimony is a post-divorce remedy that consists of a monthly payment from one spouse to the other that begins upon the entry of a divorce decree.
By Michael E. Bertin
6 minute read
February 12, 2018 | The Legal Intelligencer
Take Three: In Loco Parentis Revisited for Third Time in a YearIn what is becoming one of the hottest topics in Pennsylvania Child Custody Law, in loco parentis took center stage before the Superior Court in the recent case.
By Michael E. Bertin
8 minute read
December 18, 2017 | The Legal Intelligencer
Same-Sex Partner Not Found a Parent and Not Found In Loco ParentisWith the evolution of same-sex marriage, the concerning issues that existed between same-sex couples in custody matters appeared to dissipate. However, in the recent case of C.G. v. J.H., the issue of standing in a child custody matter between same-sex partners has resurfaced and the result thereof has caused some concern.
By Michael E. Bertin
7 minute read
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