Blogs / Events / Articles / News

Enforcing Mortgage Payment Provision in a Postnuptial Agreement

The recent case of Miller v. Miller raises interesting issues for the family law practitioner. Generally, the Miller case pertains to a postnuptial agreement entered between the parties, which included a provision that the husband should pay for the mortgage, taxes and insurance on the marital residence until the marital residence was sold. The f...

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The Obermayer Advisor Estate Planning - Winter 2009
WHAT SHOULD I KEEP AND WHERE SHOULD I PUT IT?

WHAT SHOULD I KEEP AND WHERE SHOULD I PUT IT?

We are often reluctant to dispose of paperwork, but puzzled about what documents to retain. We may wonder what should be kept in our safe deposit box and how we should inform our family and/or fiduciaries of the whereabouts of our documents. This newsletter provides guidance. We invite you to complete the perforated page, detach it from this newsletter and retain it with your other important documents. Of course, be sure to let others know of its existence and location.

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Calculating Child Support: Private School, Stock Options, Perks and 401Ks

The recent Pennsylvania Superior Court case of Murphy v. McDermott provides the family law practitioner with reminders and clarifications as to calculating a party's income for support purposes. The Murphy case focuses on four main issues: whether a parent should be obligated to contribute toward private school tuition; whether one-time stock optio...

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Entire Amount of Attorney Fees Request Warranted in Child Support Case

On April 8, 2008, The Legal Intelligencer published my article regarding the Pennsylvania Superior Court case of Krebs v. Krebs (hereafter referred to as Krebs I). Krebs I pertained to retroactively modifying a child support order prior to the filing of a petition to modify a support order. In Krebs I , the Pennsylvania Superior Court remanded the ...

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Obermayer Listed As a Top New Jersey Law Firm

Obermayer is listed on the "South Jersey Law Firms" in the Philadelphia Business Journal (July 31-August 6, 2009).   The firm ranked #14 in terms of New Jersey attorneys.  PBJ Top New Jersey Law Firms (PDF)

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New Jersey Supreme Court Limits Duty Owed by Dram Shop to its Customers

On May 7, 2009, the New Jersey Supreme Court took a step toward limiting the duty owed by a purveyor of alcoholic beverages to its patrons.  In Bauer v. Nebbitt, 399 N.J. Super. 71 (2009), the state Supreme Court held that neither the common law nor New Jersey Jersey's Dram Shop Act (N.J.S.A. 2A:22A-1 et seq.) imposes a duty upon businesses to...

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Superior Court Rules Child Support May Survive Payor's Death

By Michael Bertin The Legal Intelligencer  June 9, 2009 It is understood by family law practitioners that child support generally terminates upon the emancipation of the child or the death of the payor. Pursuant to Pennsylvania caselaw, parents do not have a duty to provide for minor children in their estate. However, pursuant to the recent...

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The Obermayer Advisor Estate Planning - Spring 2009
HELPFUL HINTS FOR OUR CLIENTS

Periodic Review of Beneficiary Designations is Highly Recommended

It is happening with increasing frequency: proceeds of Individual Retirement Accounts and insurance policies discovered by families to be payable to clearly incorrect (or unintended) beneficiaries. We have seen many examples of this phenomenon in recent months. There was the IRA payable to the decedent’s estate rather than to his only child. The lack of a named beneficiary for an IRA usually triggers a default provision naming the estate as the beneficiary, and this causes adverse income tax consequences and exposes the proceeds to possible estate creditors. In other cases, insurance policy proceeds were payable to the trustees of a trust that had been revoked fifteen years before and payable to the trustees named in a Will superseded by a Will that established no trusts.

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Pennsylvania Child Custody Jurisdiction Lost Despite Parent Remaining in Pennsylvania

In 2004, the commonwealth of Pennsylvania adopted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The UCCJEA replaced the Uniform Child Custody Jurisdiction Act, or UCCJA. It was believed that the UCCJEA would solve many of the problems that occurred under the UCCJA regarding child custody jurisdictional disputes. Under the U...

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Incarceration Terminates Child Support, Remits Arrears in Plunkard

As most family law practitioners are aware, the 2007 Pennsylvania Superior Court case of Nash v. Herbster was a case of first impression applying the then fairly new Rule 1910.19(f) to incarceration as being a substantial change in circumstances for purposes modifying or terminating child support, after considering the official comment to said rule...

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