Relocation involves situations after the initial custody orders and agreements have been made. When one parent with custody rights wants to move, the issue becomes whether that move significantly impairs the ability of the nonrelocating parent to exercise custodial rights. The Pennsylvania Child Custody Act provisions concerning relocation are designed to provide [...]
One of the biggest changes for divorce clients as a result of the Tax Cuts and Jobs Act of 2017 (the “TCJA”) is the elimination of the deduction for payments of “alimony” starting January 1, 2019. The deduction for alimony payments originally came into law more than 75 years ago with the passage [...]
Wilfredo Rivera and Isabel Rivera were married in 1980. Throughout the marriage, the couple operated approximately 23 rental properties, with Wilfredo performing maintenance and Isabel handling the bookkeeping. Only Isabel was listed as an owner on the deeds. In April 2014, Isabel transferred the properties into the name of her daughter. Isabel died [...]
In the recent Pennsylvania case of Bardine v. Bardine, a husband and wife entered into a marital settlement agreement to divide their assets. They agreed to split evenly the monthly distribution payments out of the husband’s pension, which they thought would be $788 per month. A written marriage settlement agreement was signed and [...]
A Bill introduced by Senator Don White regarding who has legal standing in a custody action was signed into law on May 4, 2018 (Act 21 of 2018) and becomes effective July 4, 2018. “Standing” is the legal requirement that determines which parties can be in the courtroom pursuing custody of a child. [...]
In a divorce in Pennsylvania, the marital assets are subject to a process of equitable distribution among the spouses. If a spouse is a current or former member of the military, he/she may be entitled to a future pension, with a monthly benefit calculated based upon years of service and rank at the [...]
In the recent September 7, 2017 case of Rodriguez v. U.C.B.R., an office manager at a pain clinic resigned from her job to relocate to Florida with her spouse. Her spouse had been unable to find stable work in Pennsylvania. The former office manager applied for unemployment benefits. After her claim was denied, [...]
On July 19, 2017 in the case of Commonwealth v. Muniz, the Pennsylvania Supreme Court held that the retroactive application of Pennsylvania’s Sex Offender Registration and Notification Act (SORNA) is unconstitutional under both the Federal and Pennsylvania Constitutions. The Court held that the registration requirement is a punishment, and therefore cannot be applied [...]
In the recent case of Leicht v. Leicht, the Pennsylvania Superior Court upheld an award of indefinite alimony to the wife, with no set end date. The couple married in 1988 and divorced in 2016. The husband worked in manufacturing jobs. The wife was employed as a licensed practical nurse, but developed mental [...]
The REAL ID Act, passed by the U.S. Congress in 2005, requires states to change their requirements for issuing driver licenses to meet minimum security standards. Beginning January 22, 2018, air travelers with identification that does not meet the REAL ID Act requirements and whose state does not have an extension will need [...]
