Michael E Bertin

January 14, 2014 | The Legal Intelligencer

In 2011, the Pennsylvania Supreme Court decided the case of Focht v. Focht, 32 A.3d 668 (Pa. 2011), which resolved prior conflicting case law on the issue of whether an award or settlement proceeds from a personal injury claim, lottery winnings, or workers' compensation that arose during marriage but received after separation should be considered marital property for purposes of equitable distribution in a divorce matter.

By Michael E. Bertin

7 minute read

December 10, 2013 | The Legal Intelligencer

The doctrine of paternity by estoppel is most often applied in child support cases to either preclude a man who has held the child out as his own from avoiding support of the child after his relationship with the child's mother has ended or to preclude a mother "who held one man out as her child's father from seeking support from another man" at a later time.

By Michael E. Bertin

8 minute read

February 13, 2007 | Law.com

The recent Superior Court case of Masser v. Miller is an interesting case because it covers a number of issues, such as the denial of an intrastate relocation petition, the weight to be given to custody evaluations and the court's power to modify a custody schedule sua sponte.

By Michael E. Bertin

9 minute read

December 11, 2012 | The Legal Intelligencer

Recently, the case of P.H.D. v. R.R.D. was decided by the Pennsylvania Superior Court. The P.H.D. case raises an issue that is discussed often among family law practitioners and has been reported in a number of appellate cases since the 1990s.

By Michael E. Bertin

9 minute read

June 12, 2007 | The Legal Intelligencer

The case of Bonawits v. Bonawits marks the first time the Superior Court of Pennsylvania has been faced with a bifurcation action under the amended Pennsylvania Divorce Code.

By Michael E. Bertin

10 minute read

February 21, 2012 | The Legal Intelligencer

The recent state Supreme Court case Focht v. Focht was welcomed by most family law practitioners with open arms.

By Michael E. Bertin

7 minute read

April 08, 2008 | Law.com

In Pennsylvania, a modification to a child support/spousal support/alimony pendente lite order will generally be retroactive to the date that the petition for modification is filed.

By Michael E. Bertin

10 minute read

October 09, 2007 | Law.com

In the recent case of Scott v. Shay, the Pennsylvania Superior Court held that a victim of a sexual assault who is not a family or household member as defined under the Protection From Abuse Act does not attain standing under the act by virtue of the sexual assault itself.

By Michael E. Bertin

7 minute read

June 14, 2012 | The Legal Intelligencer

In April, SB 1167 was passed, which amends the new Custody Act that was passed last year. As practitioners will recall, sweeping changes were made to Pennsylvania's child custody laws when the new Custody Act became effective on Jan. 24, 2011. Like any new law, debate was sparked over numerous provisions contained in the new Custody Act.

By Michael E. Bertin

5 minute read

August 11, 2009 | The Legal Intelligencer

On April 8, 2008, The Legal Intelligencer published my article regarding the Pennsylvania Superior Court case of Krebs v. Krebs (hereafter referred to as Krebs I).

By Michael E. Bertin

8 minute read