Michael E. Bertin

December 10, 2024 | The Legal Intelligencer

Section 6114.1 of the Protection from Abuse Act states: “a plaintiff may file a petition for civil contempt with the issuing court alleging that the defendant has violated any provision of an order or court-approved agreement issued under this chapter or a foreign protection order.” Because 6114.1 only states that a “plaintiff” may file a petition for civil contempt, may a “defendant” file a petition for civil contempt in a protection from abuse matter?

By Michael E. Bertin

6 minute read

October 15, 2024 | The Legal Intelligencer

An intricate component in child support cases is the calculation of the parties' income for purposes of determining child support. In the recent…

By Michael E. Bertin

7 minute read

August 13, 2024 | The Legal Intelligencer

Though the issue of child support obligations of stepparents and paramours has been addressed in the Pennsylvania Superior Court and Supreme Court, the Pennsylvania appellate courts have not addressed the support obligations of grandparents until the recent case of Mazzarese v. Mazzarese. In a case of first impression, the Superior Court addressed the issue head on in Mazzarese.

By Michael E. Bertin

8 minute read

June 18, 2024 | The Legal Intelligencer

Jurisdiction attaches when the action is commenced in the state. Therefore, as long as the requirements for initial jurisdiction are met when the case is filed, the case will proceed in the state. Even if the parties and the child move out of state during the pendency of the case,

By Michael E. Bertin

9 minute read

April 09, 2024 | The Legal Intelligencer

The Moyer case is an important reminder for both the family law practitioner and bench. It stresses the importance of res judicata and collateral estoppel for the smooth running of the courts and instills predictability and reliability in the litigants relying on court decisions.

By Michael E. Bertin

7 minute read

February 06, 2024 | The Legal Intelligencer

In the recent case of Shell v. Shell, the Pennsylvania Superior Court addressed the issue of when a divorce litigant dies prior to a party filing an affidavit under 3301(d). In the Shell matter, a divorce action was instituted, and prior to either party filing an affidavit under Section 3301(d), the husband passed away.

By Michael E. Bertin

6 minute read

December 08, 2023 | The Legal Intelligencer

In 2019, an important case was decided by the Pennsylvania Superior Court. That case was RL v. MA. The RL case pertained to a custody dispute between a same-sex couple. In Pennsylvania's Child Custody Act, there is only one presumption.

By Michael E. Bertin

7 minute read

October 16, 2023 | The Legal Intelligencer

Relocation cases are even more difficult and taxing on everybody involved. An interesting wrinkle involves a situation where the parents already live a significant distance apart and one parent seeks to move the child from where the child resides with the other parent to that parent's residence.

By Michael E. Bertin

9 minute read

August 14, 2023 | The Legal Intelligencer

In discussing Gruber, the Superior Court, in Carrero, stated: "the idea was, if the relocation benefited the relocating custodial parent, then the parent's benefit would automatically 'flow to the children.'" There was also a line of cases that did not subscribe to the "trickle down" "flow to the children" theory, but the majority of the relocation cases that existed post-Gruber subscribed to the "trickle down" "flow to the children" theory.

By Michael E. Bertin

6 minute read

June 20, 2023 | The Legal Intelligencer

In the recent case of Crocker-Fasulo v. Fasulo, the court addressed a petition to modification or termination of alimony filed by the husband.

By Michael E. Bertin

7 minute read