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Late Custody Case 1925(b) Statement Deemed Waived on Appeal

The 2010 Superior Court case J.P. vs. S.P. is a reminder of the importance of complying with a court order directing the filing of a Rule 1925(b) Concise Statement of Errors Complained of on Appeal. As held by the Superior Court in the present case, failure to follow such an order will result in a waiver of all matters complained of on appeal, whic...

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Jurisdiction and Inconvenient Forum Under the UCCJEA

Issues pertaining to exclusive continuing jurisdiction and inconvenient forum in child custody cases are often hot topics among family law practitioners. Recently, the case of A.D v. M.A.B., addressed both of these issues. Because Pennsylvania adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) a number of years ago, matter...

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Changes In New Pennsylvania Support Guidelines

Pursuant to the Pennsylvania Support Guidelines, the guidelines shall be reviewed at least once every four years. After the most recent review, which began in 2007, the new Support Guidelines were adopted on Jan. 12. The effective date is May 12, 2010. The new guidelines differ from the existing guidelines in a number of ways. This article will fi...

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Robert I. Whitelaw Named “2010 Family Lawyer of the Year”

Obermayer Rebmann Maxwell & Hippel LLP is pleased to announce that Managing Partner Robert I. Whitelaw is named as the “2010 Family Lawyer of the Year” in “Philadelphia’s Best Lawyers ® - 2010 Edition.”  The Best Lawyers supplement appears in the January 29, 2010 issue of the Philadelphia Inquirer (1/29/10...

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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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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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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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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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