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The Legal Intelligencer

Support Order Based on Evidence Outside of Record Vacated

Within the last five years, the issue of evidence outside of the record being considered by the trial court was raised in an appeal from a custody order in CMP v. MP, 54 A.3 950 (Pa. Super. 212)). Recently, the case of Johnson v. Johnson, 153 A.3 318 (Pa. Super. 2016), was decided and the vacating and remanding of the order was based on a similar reasoning.
5 minute read

New Jersey Law Journal

Judges Freed From Dads' Challenge to NJ Custody Laws

A federal appeals court has upheld the dismissal of several New Jersey judges from a lawsuit brought by fathers challenging the constitutionality of the state's child custody laws.
6 minute read

Daily Business Review

Ex-Miami-Dade Magistrate Rosenbaum Joins Salmon & Dulberg

Margaret Rosenbaum retired this year after serving 12 years as a magistrate handling complex cases in the family division.
2 minute read

The Recorder

Pavan v. Smith

U.S. Sup. Ct.; 16-992 The U.S. Supreme Court granted a petition for writ of certiorari. The court held that the State of Arkansas improperly denied same-sex…
3 minute read

New York Law Journal

Ruling Imputing Income to Part-Time NY Lawyer Upheld

A Manhattan judge properly imputed income in a divorce to an Ivy League-educated wife who stopped full-time lawyering in 1999, since she maintained her law license, engaged in professional activities and did consulting work, an appeals court has ruled.
2 minute read

The Legal Intelligencer

SAM v. KSM, PICS Case No. 17-0936 (C.P. Lycoming May 30, 2017) McCoy, J. (10 pages).

Husband's failure to make minimum monthly payments on an equitable distribution award constituted contempt, and wife was entitled to judgment for total unpaid installments, plus attorney fees. The issue of double-dipping from the same resource to pay support and the property division payments could have been addressed by a modification proceeding, which husband failed to pursue.
5 minute read

The Legal Intelligencer

In the Interest of: C.K., a Minor, PICS Case No. 17-0955 (Pa. Super. June 5, 2017) Strassburger, J. (21 pages).

CYF failed to make reasonable efforts at facilitating permanency plan of reunification where court ordered family trauma therapy and CYF failed to adequately communicate the purpose of the court-ordered therapy to its contracted provider such that children's progress was delayed to due assignment to therapy unqualified to address family's needs. Order of the trial court affirmed.
4 minute read

The Legal Intelligencer

J.A.F. v. C.M.S., PICS Case No. 17-0957 (Pa. Super. June 1, 2017) Ford Elliott, P.J., (12 pages).

Mother appealed trial court's order denying her petition asserting that a sperm-donor contract existed between her and child's biological father and that father lacked standing in the child custody case but the order she appealed from was not a final order since it was entered in an ongoing child custody proceeding and was not a compete resolution of the pending custody claims. Appeal quashed.
6 minute read

The Legal Intelligencer

Carney v. Carney, PICS Case No. 17-0944 (Pa. Super. May 31, 2017) Stevens, J. (16 pages).

The trial court erred in failing to consider evidence related to the potential sale of the parties' successful trucking business before assigning the entire asset to husband as part of the equitable distribution of the parties' marital estate. The appellate court affirmed in part, reversed in part and remanded for further proceedings.
6 minute read

The Legal Intelligencer

J.M v. K. W., PICS Case No. 17-0958 (Pa. Super. May 31, 2017) Bowes, J. (22 pages).

Trial court properly found mother in contempt for relocating with the children in contravention of an order directing compliance with §5337 but trial court erred in finding her in contempt for enrolling child in preschool because there had been no legal determination of custody and abused its discretion in changing custody as a contempt sanction because there was no express notice that custody would be at issue. Affirmed in part and reversed in part.
3 minute read

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