Pennsylvania Family Law Blog – The Law Offices of Sheryl R. Rentz
Child Custody Case Raises Issue of Father’s Rights
An interesting case in Bradley County, Tennessee is dealing with child custody procedures used by judges in that county. However, these child custody issues are global and could apply in any state including Pennsylvania. According to this news report, the arguments in this case allege that basic child custody procedures used by judges are unconstitutionally biased in favor of one parent, usually the child’s mother. Many family law attorneys believe that the outcome of this case can affect child custody decisions nationwide because it calls down the authority of the 14th Amendment’s equal protection clause to help fathers who are good parents.
The case in Tennessee has to do with court procedures used in the child custody case of 3-year-old Kate Hopkins, which began in 2007. The case is finally going to trial after more than two years in court and five different judges. One of the procedures that will be challenged in this case is the “80-day rule” created by local judges, which automatically takes effect as soon as a child custody case is filed, allowing only one parent 80 days a year with the child while the other parent is allowed 285 days a year – irrespective of the facts or circumstances of the case. Attorneys are arguing that this rule discriminates against one parent while violating the principle of equal protection and due process because it is done arbitrarily and imposed without a hearing. Read the rest »
Pennsylvania Alimony Fee Increase for Recipients
Beaver County’s domestic relations division is apparently charging those receiving alimony payments a new $120 annual handling fee citing poor economic conditions as an excuse. According to a news article in the Pittsburgh Post-Gazette, the fee covers those receiving spousal support but not child support payments through the county. The fee went into effect after an order was signed by Beaver County President Judge John McBride in April. The new order was published in the Pennsylvania Bulletin, a gazette of statewide rules and proposals, the report said. County officials told the newspaper that that they did not want to tap into the pool of those receiving child support payments because it would affect children.
Alimony, maintenance or spousal support is an obligation established by divorce law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage unless they are legally separated. In some cases, this obligation may continue after the separation or divorce. There are many different types of alimony in Pennsylvania, which would depend on the circumstances of the divorce, the length of the marriage and the duration of the spousal support. Alimony is often a hotly contested issue in divorce cases. Read the rest »
New Law Will Prevent Criminals from Receiving Alimony
A law, which passed recently, revises New Jersey alimony and inheritance laws to make sure people found guilty of abuse, murder and other crimes are not able to receive alimony and inheritance benefit payment. According to this news report, the bill is broken into two sections. With regard to alimony payments, the bill prevents anyone convicted of an attempted murder from receiving alimony from their intended victim. Such victims will also not be responsible for covering the cost of divorce court fees. Prior to this bill’s passage, the divorcing spouse must cover the expense of the other person’s attorney’s fees.
This New Jersey law also eliminates a parent’s right to inherit from their deceased child’s estate if they were found guilty of abandonment or of refusal to acknowledge, sexual assault, endangering the welfare of that child or attempted murder. This law needed to be passed in the interest of fairness and justice. To think that a person can physically harm or try to kill a spouse and then expect to receive alimony payments or an inheritance from that person goes beyond unfair. It is unconscionable. Read the rest »
Gibson’s Divorce Settlement to Be Most Expensive in Hollywood History
Mel Gibson’s wife of nearly 30 years – Robyn Gibson – has filed for divorce, according to a recent news report. Gibson cited “irreconcilable differences” as the reason for the split from the 53-year-old Gibson. The couple has had seven children since their marriage in 1980. Any divorce settlement in their case would be the most expensive in Hollywood history. Gibson’s assets are estimated at around $900 million. California law states that community property and earnings shall be divided 50/50 in divorce cases where there is no prenuptial agreement in place. Read the rest »
Pennsylvania Child Custody Exchange Gets Violent
A Hustontown man is accused of assault after an incident with a woman during a child custody exchange, according to this news report. Edward Eugene Saylor, 51, was charged with simple assault and two counts of harassment. Pennsylvania State Police officials say Saylor grabbed 26-year-old Misty Dawn Saylor around the neck with both hands and lifted her off the ground. He then allegedly carried her into a car wash and slammed her head against a brick wall three to five times before letting her go. She complained of head, neck and back pain. Saylor also allegedly assaulted a 40-year-old man as he attempted to call 911.
Child custody issues can be extremely contentious and sometimes it can get violent, as it apparently happened in this case. It is not too clear what happened in this particular Pennsylvania child custody case. But if you are going through a divorce that involves children, it is very important you understand that obtaining a custody order by a court in Pennsylvania can save you a lifetime of insecurity regarding your children’s security and upbringing. The only way to get that order is by filing a successful legal pleading in family court in your home state. Read the rest »
“Baby Daddy” Child Support Bill in Tennessee Passes the House
Men can stop making child support payments after learning through DNA testing that they are not the father of the child, under a legislation approved by the Tennessee House this month. According to this news report, House Bill 805, sponsored by Rep. Stacey Campfield passed on a 66-24 vote. The measure, called the “baby daddy bill,” is about being fair, Campfield has said. This of course will not apply in cases where the man has legally adopted the child. Another provision in this bill also states that the child support payments are to continue for 60 days after “childhood is disestablished.” Read the rest »
Former Bengals Receiver Arrested for Failure to Pay Child Support
A judge in Cincinnati has ordered former Bengals wide receiver Darnay Scott to be arrested after Scott missed a court appearance in his child support case. According to this UPI news report, the 36-year-old Scott was scheduled to appear in Hamilton County Common Pleas Court to face two charges of failing to pay child support. The judge ordered Scott’s $5,000 bond revoked and issued an arrest warrant. Scott apparently owes $10,686 in arrears to his two daughters, ages 11 and 6.
When one parent fails to pay his or her required child support payments to the other parent, the amount owed in back payments are known as arrearages. Pennsylvania has very strict laws that make punishments for offenders extremely severe. Parents who do not pay their child support arrears can face stiff penalties including jail time, driver’s license and passport suspension, bank account seizure and reporting to credit agencies. When a parent owes arrears and refuses to pay them, you can file an enforcement application with the court. Also, Pennsylvania child support laws allow for imposition of penalties once a child support enforcement application has been filed. Read the rest »
New Jersey Devils’ Martin Brodeur Ordered to Pay Alimony
A New Jersey appeals court has ruled that New Jersey Devils goalie Martin Brodeur must pay his ex-wife $500,000 in alimony until the year 2020. According to an Associated Press news report, Brodeur had appealed, asking that he only be required to pay the alimony until his projected retirement date in 2021. His ex-wife, Melanie DuBois, had asked for alimony payments until 2024, when their youngest child is anticipated to graduate from college. The appellate court ruled that Brodeur should pay alimony until 2020, when the youngest child will graduate high school. Read the rest »
Deadbeat Dad Flees after a Police Stop
Police in Milford, Delaware, arrested a deadbeat dad who tried to flee when he was pulled over for speeding. According to an ABC News report, a state trooper tried to pull over Eric Darling when he was clocked doing 68 mph in a 50 mph zone. Darling apparently slowed down and pulled onto the shoulder before fleeing the scene. The trooper pursued him. Darling lost control of his vehicle on a curve and it fell into a ditch and rolled over several times, the news report stated.
Authorities say Darling was wanted by the Kent County Family Court because he owed arrears on child support. Officials did not say how much he owed in child support payments. Darling did not suffer major injuries in the crash, but will face charges related to the police pursuit and the accident after he is released from the hospital. Read the rest »
Child Custody Can be a Sticky Issue – Even for Celebrities
Pop star Madonna and her ex-husband Guy Ritchie have made their child custody deal legal and final in the United States, according to a recent news report. The celebrity couple apparently filed papers with a Manhattan court regarding the shared custody of their two children, 8-year-old Rocco and 3-year-old David. The joint custody agreement states that both boys must remain kosher and attend synagogue twice a week. Read the rest »
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