Michael E Bertin

December 13, 2011 | The Legal Intelligencer

The recent case of E.D. v. M.P., filed on Nov. 9, is very important for family law attorneys as it is the first reported appellate case pertaining to child custody relocation under the new Child Custody Act.

By Michael E. Bertin

10 minute read

February 10, 2009 | The Legal Intelligencer

As most family law practitioners are aware, the 2007 Pennsylvania Superior Court case of Nash v. Herbster was a case of first impression applying the then fairly new Rule 1910.19(f) to incarceration as being a substantial change in circumstances for purposes modifying or terminating child support, after considering the official comment to said rule.

By Michael E. Bertin

8 minute read

April 14, 2009 | The Legal Intelligencer

In 2004, the commonwealth of Pennsylvania adopted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The UCCJEA replaced the Uniform Child Custody Jurisdiction Act, or UCCJA. It was believed that the UCCJEA would solve many of the problems that occurred under the UCCJA regarding child custody jurisdictional disputes.

By Michael E. Bertin

8 minute read

February 12, 2013 | The Legal Intelligencer

A parenting coordinator is an individual who is appointed by the court in custody cases to assist in executing and enforcing ancillary issues of a custody order. Parenting coordination has become a hot issue in the area of Pennsylvania child custody.

By Michael E. Bertin

6 minute read

February 12, 2008 | The Legal Intelligencer

In the recent Pennsylvania Superior Court case of Kotzbauer v. Kotzbauer, the Superior Court affirmed the trial court's granting of child support to a mother of a 19-year-old college student with a physical disability.

By Michael E. Bertin

9 minute read

August 13, 2013 | The Legal Intelligencer

The evolution of the courts' application of the new child custody statute continues at a consistent pace. A recurring issue that has been addressed by the Pennsylvania Superior Court pertains to the requirement of the trial court to provide the reasons for its decisions in custody cases on the record in open court or in a written opinion or order.

By Michael E. Bertin

7 minute read

October 19, 2009 | The Legal Intelligencer

The recent Pennsylvania Superior Court case of Murphy v. McDermott provides the family law practitioner with reminders and clarifications as to calculating a party's income for support purposes.

By Michael E. Bertin

8 minute read

June 10, 2008 | The Legal Intelligencer

The Pennsylvania Superior Court recently addressed the application of the relatively new Domestic Relations Statute 23 Pa.C.S.A. Section 4308.1 pertaining to "Collection of Overdue Support for Monetary Awards," in the case of Faust v. Walker. Interestingly, the appellant in this case was the domestic relations office of the Dauphin County Court of Common Pleas.

By Michael E. Bertin

8 minute read

October 11, 2011 | The Legal Intelligencer

In the recent case of Strauss v. Strauss, an interesting issue arose regarding whether monies received by Brian Strauss as part of a will contest were to be considered marital property subject to equitable distribution in the parties' divorce action or Brian Strauss' separate estate not subject to equitable distribution.

By Michael E. Bertin

7 minute read

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