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Publication Date: 2022-10-17
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 202300986
While wife's income had increased since the time the parties entered into a property settlement agreement, husband was not entitled to a reduction in his alimony obligation to wife because he failed to establish any basis for such relief under the terms of the settlement agreement. The court recommended affirmance.
Publication Date: 2022-10-17
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carson County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 15-1186
The court denied an appeal from the court's decision to award attorneys' fees and costs pursuant to 23 Pa.C.S.A. §5339 on the basis that appellant had acted in bad faith in requesting a psychological evaluation that they later abandoned. The court agreed to grant appellee associated costs in defending the request and disagreed with appellant's argument that fees could only be awarded under §5339 in instances where a party is found in contempt of court.
Publication Date: 2022-10-17
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0698
The decision to award wife 70 percent of the marital portion of husband's pension conflicted with Pennsylvania law as the hearing officer failed to recognize the inclusion of husband's pension income for a child support calculation in awarding a division of those pension payments. The court of common pleas recommended affirmance.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 6635
Court denied petitioner's request to terminate the biological father's parental rights due to his absence in the minor's life while he was incarcerated. Specifically, the court found termination was not warranted under §2511(a)(1) because father did attempt to modify his visitation orders during the six-month period but was unable to do so due to court delays. The court further found termination was not appropriate under §2511(a)(2) because father was not incapacitated to the point of no remediable efforts.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge King
Attorneys: For plaintiff:
for defendant:
Case Number: 81 WDA 2022
Trial court properly granted parent's petition to obtain COVID-19 vaccination over co-parent's objection, after finding vaccination to be in child's best interests based upon medical expert's testimony that was based on review of child's medical records and recommendations from her pediatrician. Order of the trial court affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: AD-2021-6774
Where mother was content to have someone else be responsible for attending to her children's physical, mental and emotional needs, she had evidenced a settled purpose of relinquishing her parental claims and had failed to perform her parental duties for a period of at least six months. The court granted a petition for involuntary termination of parental rights.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: FC-20-20473
While the parties permanently ceased sharing a bedroom after a troubling incident in August 2014, the court could not rely on that incident to establish a date of separation because most of the rights and duties typically attendant to a marital relationship had been absent from the parties' marriage for many years prior. The court granted in part wife's exceptions.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-6785
The minor child's natural father, who had no contact with his child after birth and made no inquiries about him, had evidenced both a settled purpose of relinquishing his parental claim to the child and failing to perform his parental duties for the entirety of the child's life. The court granted a petition for involuntary termination of parental rights.
Publication Date: 2022-10-03
Practice Area: Family Law
Industry: Legal Services
Court: Courts of Common Pleas, Adams County
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-S-871
The court refused to grant wife's petition to open a divorce decree where her petition was not timely filed and her attorney's mistake in failing to file economic claims on wife's behalf did not amount to extrinsic fraud so as to warrant relief under 23 Pa.C.S. §3332. The court denied wife's petition.
Publication Date: 2022-10-03
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 113 WDA 2022
Parents appealed the involuntary termination of their parental rights and court found no abuse of discretion because father's nolo contendere plea to aggravated abuse of infant was enough to satisfy the statute, mother did not fully address the underlying conditions and Allegheny County Children Youth and Families met its burden under §2511(a) and §2511(b). Affirmed.
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