Pennsylvania Family Law Blog – The Law Offices of Sheryl R. Rentz
What are Maintenance Payments in Pennsylvania and Who Receives Them?
Spousal maintenance payments, also known as alimony, are payments that a spouse who made most or all of the couple’s income makes to the other spouse, who made little or none of the couple’s income. Temporary maintenance payments are intended to help a party who has little education or job prospects live until they can complete an education or find a job.
Not all divorces in Pennsylvania will include maintenance payments. In cases where both parties are employed or have a good education, the court may not order maintenance payments, instead allowing each party to go on living on their own wages. Read the rest »
If You Own a Business in Pennsylvania, Consider a Pre-Marital Agreement before Marriage
Forbes featured an article recently discussing how divorce can complicate ownership of a business, especially if the business’ value increased during the marriage. This value will typically be included in the marital assets that will need to be divided between former spouses after a business valuation in Pennsylvania is conducted. However, there are a few steps a person can take to protect the business during the divorce if they consider the business to be their separate property or if they have a greater stake in the business and may avoid having a business valuation be necessary.
Separate and marital property can be extremely complicated, but usually, one person will be entitled to a certain percentage of the other person’s business, despite whether they directly contributed to growing it or not. One of the most advantageous steps a person can take to protect their business during their divorce is to already have a pre-marital agreement in place before the marriage starts. In the agreement, details regarding both peoples’ property rights as well as other expectations would be described if the need to divorce arises. Read the rest »
Contentious Divorce Between Frank and Jamie McCourt Leaves Fate of the Los Angeles Dodgers in Question
The divorce between Frank and Jamie McCourt involves not only millions of dollars, seven homes, and large demands of spousal support, but also the ownership of the Los Angeles Dodgers, one of the most famous baseball teams in the United States. The couple has been married for 30 years.
According to The Telegraph, Jamie McCourt alleges she is a co-owner of the Dodgers and disagrees with Frank McCourt’s claim that she signed her rights away to the baseball team in exchange for the seven homes owned by the couple. In addition to half the share in the team she also wants close to $1 million a month in spousal support to maintain her lifestyle, and also wants Frank McCourt to pay $568,000 a month on the mortgages on their homes. She is also asking for $9 million to pay for her accountants and divorce attorneys. Jamie McCourt is also demanding 24-hour security at the homes as well as unlimited travel expenses, as well as her old job at the Dodgers back. Before last fall, Jamie McCourt served as the team’s chief executive. Read the rest »
Choosing the Right Philadelphia Mediation Attorney for Your Divorce
It can be a difficult decision to decide to divorce, and one that brings with it emotional issues and a high amount of stress. Many couples going through a Pennsylvania divorce decide to settle their affairs through mediation, rather than adding litigation and court appearances to their stress.
Mediation in Pennsylvania allows a couple who wishes to divorce a way to handle matters of divorce in an open, non-judgmental environment with an unbiased mediator, typically an attorney, facilitating the discussion. While the conversation is serious, mediation is generally very informal and communication between both parties can be made easier. Often, many couples find litigation does not permit them to state their side of the story or leaves them with a settlement from a judge they are unhappy with. In mediation, both couples are given an opportunity to air their grievances, and an agreement is reached that takes both of their needs into concern. Typically, issues such as child custody and visitation agreements, property division, and more are decided during mediation. Read the rest »
Woman Alleges Keanu Reeves Fathered Her Children in Paternity Suit
Recently, Keanu Reeves was involved in a paternity suit in which a Canadian woman claimed he was the father of her children, reports The San Francisco Chronicle. Read the rest »
Divorce’s Influence on Social Security
An article recently featured in the Los Angeles Times discussed divorce’s affect on a person’s plans for retirement as well as future claims for Social Security benefits. Since Social Security is the primary source of income for approximately 72 percent of unmarried retirees, many of whom are single due to divorce, understanding a few key points regarding spousal and survival benefits should be a priority, particularly for those approaching retirement age. Knowing the details of these benefits can help someone avoid making a costly error that could negatively affect their financial future. Read the rest »
3 in 4 Domestic Violence Victims Are Unidentified in PA Emergency Room Visits
A study recently conducted by the University Of Pennsylvania School Of Medicine found that over three quarters of victims of domestic violence, who report the events to law enforcement, receive care in emergency rooms, but the majority of them are not identified during their hospital visit as being domestic violence victims. Read the rest »
Interstate Child Custody Battle Between Adoptive Mother, Biological Father Settled
The Los Angeles Times reports that an inter-state custody battle between a girl’s adoptive mother and her biological father was recently settled. The now-famous case, which has been referred to as the “Baby Vanessa” case, involved a woman from California and a man from Ohio. The contentious child custody case has lasted for more than two years.
The woman started the adoption process before the girl was born, but proceedings were stopped after the girl’s biological father filed for custody. The girl’s biological mother alleged that her pregnancy was the result of a one-night stand and believed the man was not the father. However, a genetic test proved otherwise. Court records from 2005 showed the man had spent time in jail for domestic violence, further complicating the family law matter. After the two parties were not able to reach an agreement during mediation, a child custody trial was scheduled in Ohio in 2009. In July 2010, the woman was ordered to return the girl to Ohio, but appealed the decision and was able to keep the girl until further notice. Read the rest »
Maryland Considers Bill about Divorcing Couples and Pet Custody
According to The Washington Post, a new bill has been proposed in the Maryland General Assembly Senate that will define what happens to pets when their owners divorce. With many households considered to be DINKs (duel income, no kids) these days, it is not surprising pets have become an important part of divorce proceedings.
If passed, the bill will give courts the power to grant a custody agreement for a divorcing couple’s pet. The court will also be permitted to give one party sole ownership of a pet, as well grant one party sole ownership of a pet with the other party given visitation rights on a court-approved schedule. The court will also be able to give both parties ownership of a pet and both parties can share custody on a court-determined schedule. However, the court will not be able to order either party to pay pet-related expenses to the other party. Read the rest »
Act 112 of 2010: Relocating in Pennsylvania with Your Child after Divorce
House Bill 1639 (now called Act 112 of 2010) is the new law regarding child custody in Pennsylvania, and went into effect on January 24. The new law deals with many aspects of child custody, but its focus is on setting a framework for the Pennsylvania court system to employ when handling a party’s request for location with a child following a divorce from another party.
Under the Act, a person who wishes to move is required to give notice to anyone else with custodial rights to their child. Keep in mind that “relocation” is defined as a child’s residence change that significantly inhibits the capability of the non-relocating party to implement their custodial rights. Relocation is not restricted to moving outside of Pennsylvania or moving between PA counties; even moving within the same county could be considered “relocation.” Read the rest »
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