Pennsylvania Family Law Blog

As a Philadelphia family law attorney, I am often asked whether or not a divorce will affect social security benefits. This is a question that many individuals encounter throughout the United States, including Pennsylvania. From my experience as a divorce lawyer, and according to a Wall Street Journal article, there are a few points that may help clear up any confusion regarding social security retirement benefits based on an ex spouse’s work record.

In Part One of our blog series discussing whether or not a divorce will affect your social security, we will discuss four universal conditions that you must meet in order to obtain social security retirement benefits from your ex-spouse’s income. They are as follows:

1. You cannot be re-married
2. You had to have been married for at least 10 years
3. Your ex-spouse has to be allowed Social Security retirement or disability benefits
4. You must be at least 62-years old

In addition, some individuals may wonder if their retirement benefits will be reduced because of an ex-spouse’s entitlement to a portion of these funds. If an ex-spouse is to receive a part of your benefits, any sort of decrease should not be seen in what finances you are entitled to when you retire. Divorce affects lives in many ways but it does not have to turn your life upside down or burn a hole in your pocket. One of the most important things you can do is to stay informed about your legal options and know what factors, if any, may influence your financial stability.

If you or someone close to you is thinking about filing for divorce in Pennsylvania, seeking legal counsel from a skilled Pennsylvania divorce lawyer may be a productive step in the right direction. At the Law Offices of Sheryl R. Rentz, our family law attorneys know the ins and outs of Pennsylvania law as it pertains to family law, including divorce, spousal support, and much more. Call Sheryl R. Rentz today at 610-645-0100 for a free consultation.

Philadelphia family court is offering amnesty to the thousands of parents who have bench warrants for outstanding child support payments, according to a kyw1060.com report. The court’s administrative judge announced that beginning November 12 and ending on November 18 at 4pm, parents with outstanding bench warrants are free to come in without worrying about being arrested. Parents should note that they will still have to pay their child support debt.

Based on the article, the judge stated, “We will in fact withdraw your bench warrant and we will register you for a court hearing so that you can come back into the courthouse and meet your obligations.” This is definitely a break that parents owing child support may want to consider, especially since the court is working with Philadelphia fatherhood organizations to help fathers without jobs acquire employment training and find jobs. The opportunity to obtain long-term employment and benefits is a step in the right direction to ensure that parents receive the financial support they need to take care of their children.

Approximately 5,100 individuals have bench warrants against them, and they roughly owe a combined $48 million in child support. After November 18, bench warrants will be enforced once again for parents who are behind on their child support. Parents who would like more information can contact Philadelphia Family Court at 215-686-9300 or through email at philaamnesty@pacses.com.

Falling behind on child support payments has become a bigger problem in Pennsylvania and throughout the nation ever since the economy took a down-turn. Nevertheless, trying to doge paying child support or turning to procrastination instead of finding a solution are not productive courses of action. At the Law Offices of Sheryl R. Rentz, our Philadelphia child support lawyers have assisted many parents in receiving child support from the other parent so that children can be properly cared for and given the financial support they need. For a free consultation of your child support or family law case, please call Sheryl R. Rentz today at 610-645-0100.

Source:http://www.kyw1060.com/Phila–Offers-Reprieve-for-Parents-Behind-in-Child/5661605

Although domestic violence prevention and awareness is important to be upheld at all times, the month of October offers a chance for survivors and supporters to join forces against acts of domestic violence. According to the Domestic Violence Resource Center, an estimated 1.3 million women are physically assaulted each year and about four women, and 1 man, are killed every day by their intimate partner.

Domestic violence, whether it is physical or emotional, is reflective of serious abuse that is illegal. Such matters surrounding domestic violence should never be taken lightly, especially when children are involved. Even if the children are not direct victims of domestic violence, living in a household of domestic violence can cause much emotional stress. And just because a child is not being victimized now doesn’t mean that he or she may not be later. It is a frightening thought, but the reality of such a risk is far too great to put to the test.

According to a recent article on dailywd.womansday.com, this October will serve as the 22nd official recognition of National Domestic Violence Month. Although some may speculate that the recent struggles of our economy have increased incidents of domestic abuse, victims of such mistreatment should never feel helpless. Help is always available and it is important first and foremost to remove yourself from any current abusive situation you may be in.

Unfortunately, issues of domestic violence may also involve other elements of family law that can leave a person feeling overwhelmed and even perplexed. If you have been a victim of domestic violence, you have legal rights and options that may help you receive a restraining order against your attacker and even full custody of your children. For more information about what can be done to help you with your domestic violence case, contact the Law Offices of Sheryl R. Rentz, P.C. Our skilled Philadelphia domestic violence attorneys have been assisting victims of domestic violence for many years and have the legal knowledge and experience to protect your rights. Call 610-645-0100 for a free consultation today.

Source Article: http://dailywd.womansday.com/blog/2009/10/daily-buzz-october-is-national-domestic-violence-month.html

In a previous blog entitled, “Since When is Pet Custody Compared to Child Custody?”, we discussed an unusual case that had gone to trial for the second time over a very loved dog named Dexter. Although we usually hear about former couples or spouses going to court over custody of their children, this case is still significant in that both parties considered their dog Dexter to be like a son. And as it turns out, this case was more concerned with the issue of division of property than it was with actual custody. The Philadelphia Inquirer reported that the Superior Court judge finally made a decision in the case to have the former couple share custody of their property, Dexter the pug, in five-week rotations.

According to the newspaper article, before the couple split, they lived together for seven years in a home they both owned. Although the man involved in the custody dispute claims he should have been given full custody of Dexter because he purchased the dog, took him to the vet, and paid for his food, it was determined that the woman also played an influential role in Dexter’s life by helping take care of him. The judge handling the case made it clear that this was not an official “custody arrangement” because dogs are “just one of many objects to be divided in a breakup.” Although the couple may not agree with this point of view, the judge also referred to Dexter stating, “He might be cute and furry, but he’s still property. He’s no more than that.”

Break-ups are never easy, and can be especially difficult to handle on your own when legal issues pertaining to the division of property/assets and custody are involved. As the case involving Dexter clearly shows, we are often attached to a broad range of “property” that we may feel is worth going to court for in order to make sure it remains ours. However, not every dispute over the division of assets or custody is taken to court.

If you or someone close to you is going through a divorce in Pennsylvania, it is highly likely that the issue of division of assets will arise. To ensure that you fairly receive ownership of property that is yours, it may be in your best interest to seek the legal counsel and representation of a skilled Pennsylvania property division attorney. At the Law Offices of Sheryl R. Rentz P.C., our family law attorneys have the experience and knowledge to handle cases pertaining to the division of property, child custody, child support, and much more. Call Sheryl R. Rentz today at 610-645-0100 for a free consultation of your family law case.

Most of us know that parents do not need to be blood-related to a child to have a strong bond or to play a vital role in that child’s life, particularly in terms of financial support and emotional encouragement. When a child’s parents get divorced and one of them remarries, there is much to discuss in relation to having a new member added to the family. But do stepparents have the legal right to request or pursue child custody?

When a stepparent has established a parental role in a child’s life who is a minor and it is clear that the relationship is supportive, loving, and healthy, he or she may be able to claim certain rights pertaining to custody. In pursuit of child custody as a stepparent to a minor whom you have a good relationship with, the court will determine if there is in fact an “in loco parentis” relationship, which means whether or not your relationship with the child is like that of a parent. Most importantly, family courts will always make decisions based on what is in the best interest of the child involved in a custody or visitation dispute.

In many cases, a stepparent who has been married to the biological parent of the child they have helped take care of will be granted some form of custody or visitation. However, the grounds for such custody or visitation are greatly influenced by a number of family issues such as if any history of domestic violence exists, whether or not the other biological parent is involved, the relationship between the stepparent and the minor child, the location of where the stepparent lives, and much more.

If you are currently dealing with child custody and/or visitation matters with the stepparent of your child, or if you are a stepparent yourself and would like to learn more about your options for custody and/or visitation, the experienced Philadelphia child custody lawyers at the Law Offices of Sheryl R. Rentz can help you. With our many years of experience in Pennsylvania family law and child custody, we have the skills and knowledge that you need in order to be successful in your custody efforts. Call the Law Offices of Sheryl R. Rentz at 610-645-0100 today for a free consultation.

Source article: http://www.divorcenet.com/states/pennsylvania/pa_art12

It’s no surprise that the current condition of our economy has had drastic financial influences on a variety of aspects of many people’s lives, and, unfortunately, the lives of our children as well. When custodial and noncustodial parents’ employment becomes unstable and in some cases nonexistent, child support payments go unpaid and children suffer the consequences. According to an article, in one man’s situation, he used to have no trouble paying his $433 monthly child support; however after going unemployed and unable to get another job, the man moved in with his parents, who, in addition to offering him a place to stay, are now paying the man’s child support payments as well. This father attempted to receive a court-approved reduction in his child support payments, but his efforts were unsuccessful.

The report reasons that men are being hit harder financially than women are in this tough economy, with the 9.8 percent of men unemployed as opposed to only 7.5 percent of women. In addition, it is typically dads who are caught in the nightmare of not meeting the needs of their child support payments because men often assume the role of the noncustodial parent. Before the economic downturn, many of these noncustodial fathers were able to pay; however, with their incomes decreasing, they are no longer able to make child support payments that were previously based on higher past wages.

In the beginning of this year, a survey conducted by the American Academy of Matrimonial Lawyers found that 39 percent of the members cited a rise in modifications being made to child support payments. There was also a 42 percent increase in the number of instances where adjustments to alimony payments had to be made.

A family court judge from Texas said that when deciding on child support modification or reduction, she examines whether the parent is actively putting in the effort to get another job, whether he or she is unemployed or underemployed by choice, and whether the parent is able to preserve a job that matches their skills and education. This judge even pointed out that a parent may have assets that can be converted into cash in order to provide their child with what she or he needs to carry on a healthy life.

While judges are empathetic to the affects of our tumultuous economic climate, it is a judge’s job to focus on what is best for a child’s well-being, which is why a judge will put emphasis on what extra efforts a parent is making to help his or her child or children.

If you are currently struggling to pay your child support or if you are trying to get the child support that is owed to you, the skilled Philadelphia child support attorneys at the Law Offices of Sheryl R. Rentz can help guide you through this challenging time. Our lawyers understand that family issues surrounding child support disputes can be quite difficult, and we are here to contribute our knowledge of Pennsylvania family law, which can often be complex and demanding. Call the Law Offices of Sheryl R. Rentz today at 610-645-0100 for a free consultation.

Source report: http://www.wric.com/global/story.asp?s=11002393

The hot topic of discussion lately has been the controversial story of a woman who called 911 in May of 2009, claiming that she and her 9-year-old daughter had been kidnapped by carjackers. After turning up at Walt Disney World in Florida, the woman was charged with a number of criminal offenses, filing a false police report being one of them. It’s not very surprising that this woman’s second husband filed for divorce since the abduction ruse. Although law enforcement officials have declined to provide information on the full scope of the investigation, questions as to what this woman’s motives truly were and why she would rope her young daughter into going along with it are still waiting to be answered.

This case contains many intricate elements, divorce being one of the complex legal processes that will ensue, along with child custody and child support matters as well. It is unfortunate when parents use poor judgment and carry out actions that can have negative impacts on their children in the long run. The woman who faked the kidnapping has three children.

Married couples encounter divorce for a variety of reasons, some of which include the vague but common excuse of irreconcilable differences, in addition to adultery and many other different types of circumstances. Preparing for a divorce goes far beyond the emotional and mental strains that often leave a person feeling drained, frustrated, and upset; however, the process of a divorce can be much more tolerable and simplified with the help of a divorce lawyer.

At the Law Offices of Sheryl R. Rentz, our skilled Philadelphia divorce attorneys have helped numerous couples with the complex legal process of filing for divorce, and have the knowledge and experience necessary to effectively represent you in family court as well, if necessary. No matter what the reason for your divorce taking place, our lawyers will utilize our many contacts in the professional and legal forum to assist you with your divorce case. Call the Law Offices of Sheryl R. Rentz at 610-645-0100 for a free consultation today.

Source report: http://www.philly.com/philly/news/breaking/20090827_sKidnap_hoax_mom_has_trial_date_today_in_Bucks.html

No matter how heated a quarrel can become involving a married couple, partners, or two people just allegedly dating, there is never any excuse for things to become physically violent. On September 6, 2009, outside linebacker for the San Diego Chargers, Shawn Merriman, was arrested and charged with battery and false imprisonment of reality TV celebrity Tila Tequila. Apparently, the well-known football player is being accused of choking, restraining, and throwing Ms. Tequila to the ground when she was trying to leave his house.

It is being argued in Merriman’s defense that Ms. Tequila had been drinking and, according to his attorney, Merriman “essentially was doing what was appropriate under the circumstances in trying to protect the safety of Miss Tequila. There were numerous eyewitnesses that will support his version of the events that transpired at his home.”

As to what the end result of this complex and serious domestic violence situation will be, we will have to see what happens as evidence and witness testimony unfolds. Although this incident took place in California, domestic violence in Pennsylvania is an unfortunate occurrence that greatly affects both men and women who are victims of verbal, emotional, and physical abuse. Situations where children are a part of such victimization are even more devastating and can have lasting consequences on a child’s life.

If you have been a victim of domestic violence in Pennsylvania, it is important that you seek help as soon as it is safe to do so. You may also want to examine whether or not filing a restraining order against your attacker is a good option for you and your particular situation. For more information as to what can be done to protect your legal rights, call the skilled Philadelphia domestic violence attorneys at the Law Offices of Sheryl R. Rentz, P.C. today for a free consultation.

Source article: http://sports.espn.go.com/nfl/news/story?id=4450962

For seven years, a 28-year-old father has been doing all he can to get custody of his 7-year-old son, who is currently under the Department of Human Service’s care. However, according to an account, the agency is trying to terminate the father’s parental rights and put the boy up for adoption despite his father’s actions. In April of this year, the man was awarded full custody of his 9-year-old daughter and the current challenge he is facing in getting custody of his son is proving to be highly complex.

The DHS isn’t backing down despite the fact that the 28-year old father has a clean record, a steady job, and a house in West Philadelphia. Despite his stability, the agency stated that the father has failed to attend his bi-weekly visits with his son. In stressing the importance that visitations play in fostering healthy relationships between parent and child, a DHS spokeswoman bluntly stated that “the court is basically looking at the relationship between the parent and the child and that has to start with them seeing each other.” This is information that all parents seeking custody of their children should take note of.

As this Pennsylvania child custody battle demonstrates, the demands of the court system can be elaborate and require a parent to feel as if they are walking on eggshells, afraid to make even a single mistake that may result in losing their child. During such a challenging time, parents are faced with emotions that can leave them overwhelmed, distraught, and confused, all of which may require the assistance of a professional who can offer perspective and bring to light the best legal options to choose from as to how to gain custody.

Whether you are making efforts to get custody of your child from an agency such as the DHS or from the child’s other parent, a skilled Philadelphia child custody lawyer can help gather evidence for your case, as well as assess the legal issues involved. At the Law Offices of Sheryl R. Rentz, our experienced family law attorneys are well-versed in child custody matters and have the knowledge and resources you need to win your child custody battle. Contact Pennsylvania child custody attorney Sheryl R. Rentz today for a free consultation.

On Friday, August 7, 2009, comedian and actor Tracy Morgan, 40 filed for divorce from his wife, Sabina, in Bronx Supreme Court. Tracy Morgan and his wife were high school sweethearts and were married for 23 years. However, the couple is suspected of having been separated for about eight years. Said a friend of the former couple’s in an article from the NY Daily News, “Basically they were divorced without the paperwork”.

The reasons for the slow dissolution of the couple’s marriage, as well as the details of the divorce case, are sealed and therefore not available to the public. However, it was noted back in January 2008 that Sabina planned on filing for a divorce from Morgan because of his alleged drinking problem. The divorced couple has three sons.

It is a sad reality that marriages end every day; however, in a lot of cases, it truly is for the best. Although most divorces don’t carry such a high profile as celebrity splits, any divorce comes with its own challenges. In Tracy Morgan’s case, his ex-wife is likely to seek spousal support and child support for any children that may be under 18 years of age.

Even though Morgan’s divorce was filed in the Bronx, preparing for a divorce in Pennsylvania can also be very complicated and stressful. Depending on if or when you file the proper paperwork, your future and financial stability can be put into serious jeopardy. That is why seeking skilled legal counsel and retaining the services of an experienced Philadelphia divorce attorney is so critical in ensuring that your divorce goes as smoothly as possible and that no legal elements are overlooked or neglected.

The divorce attorneys at the Law Offices of Sheryl R. Rentz have the skills and knowledge necessary to handle your divorce case. Our lawyers will compile the details of the arguments, investigation results, professional testimony, and any paperwork required by the state to file for your divorce. For a free consultation of your divorce case, call 610-645-0100 today.