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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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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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