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Panel Denies Credit for Time Served in Child Support Civil Contempt

An interesting issue was raised recently in a Pennsylvania Superior Court case pertaining to civil contempt in a child support case. In Warmkessel v. Heffner , Eric Heffner appealed a trial court's order refusing to give him credit for time that he served incarcerated as a result of an outstanding bench warrant against his incarceration sanction re...

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New Child Custody Act Ushers in Sweeping Changes

On Jan. 24, the new Child Custody Act (Act No. 112 of 2010) went into effect. The new Child Custody Act begins at 23 Pa. C.S.A. §5321 and concludes at 23 Pa. C.S.A. §5340, and replaces sections 5301 through 5315, as well as Section 4346. The act was approximately 10 years in the making and is prospective and applies to actions commenced o...

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Local Customs and Practices Cannot Determine Custody Cases

 Recently, the Pennsylvania Superior Court has published two opinions reiterating the well-established case law mandating a fact-specific analysis of the children's best interests by the court in deciding custody disputes as opposed to relying on local custom, practice or judicial norms. The most recent case on this issue is the 2010 state Sup...

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Michael E. Bertin to Speak at PBI Webinar on New Child Custody Legislation

Michael E. Bertin, a partner and member of Obermayer Rebmann Maxwell & Hippel LLP's Litigation Department and Family Law Group, will be a speaker at the Pennsylvania Bar Institute webinar entitled: “The New Child Custody Legislation: An Overview.” The webinar will focus on the new custody bill that goes into effect on January 24, 20...

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Support Order Increased Without Cross-Petition to Modify

The recent case of Brickus v. Dent provides practitioners with a reminder that support orders may be modified in any appropriate manner — either upwardly or downwardly — regardless of whether the petitioner is seeking an upward or downward modification of the order and the respondent does not file a counter/cross-petition to modify. Br...

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Michael E. Bertin Will Serve as Course Planner and Moderator for PBI Program in October & December

Michael E. Bertin, a partner in the Litigation Department of Obermayer Rebmann Maxwell & Hippel LLP will serve as the Course Planner and Moderator of the Pennsylvania Bar Institute program entitled: "Family Law in Bucks, Chester, Delaware, & Montgomery Counties.” The program will feature the “Who, What, When, Where, & Why&rd...

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Tax Ramifications and Costs in Equitable Distribution

The recent Superior Court case of Balicki v. Balicki has sent shock waves throughout the family law community. The question family law practitioners face is whether the Balicki decision mandates the court to apply tax ramifications and the costs of sale to all assets when equitably dividing the marital estate. In 2005, the Pennsylvania Divorce Cod...

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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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