Family Law Updates

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:
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Does Your Wife Deserve A Bonus?

Does a wife deserve a monetary “bonus” for exemplary skills in housekeeping and child rearing? In some social circles, this is actually occurring. In fact, the trend was explored recently in a New York Times Op Ed piece,...more

What If the Ex-Spouse Hits the Jackpot?

A couple gets divorced and one is ordered to pay spousal support to the other. But then the one getting support hits the lottery, inherits a lot of money, or has some other financial windfall. Is the support payer off the...more

Parent's Responsibility to Pay for Child's College Education

In 1993, Pennsylvania passed a law that provided courts the authority to require parents to pay college expenses for their children (23 Pa.C.S. § 4327). In 1995, the Pennsylvania Supreme Court, in Curtis v. Kline, held that...more

Pennsylvania Law Re: Execution Against Entireties Property – Not Entirely Obvious

The Commonwealth of Pennsylvania is one of many jurisdictions in the United States that recognizes a concept known as or similar to “tenancy by the entireties.” This refers to a form of property ownership unique to married...more

Can I Be Legally Separated in Pennsylvania?

As the song goes, there may be “fifty ways to leave your lover,” but none of them will constitute a legal separation in Pennsylvania. A legal separation may only be decreed by a court, through a written order, which sets...more

Same-Sex Marriage Bans As Sex Discrimination: The Potential Impact On Plan Sponsors And Employers

In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question: Counsel, I’m not sure it’s necessary to get into sexual orientation to resolve the...more

Benefits of an Irrevocable Life Insurance Trust as Security for Support

Divorce or separation agreements often require one spouse to maintain life insurance as security for their support obligation. Attorneys often do not address the tax implications if the insured spouse owns the policy. ...more

Bizarre Paternity Case Finds Twins Have Different Fathers

A New Jersey paternity case involving twins made headlines this week educating millions on the importance of DNA tests in paternity actions. The State brought a child support action against the alleged father and when he...more

When Can a Child Pick Which Parent to Live With?

Little boy sitting next to an old suitcaseThe most common question posed to a family law attorney when discussing custody matters is at what age can my child pick with whom and where he would like to live? Most clients...more

Family Law Newsletter - April 2015

In This Issue: - Divorce and Your Business, Part I: Plan B - Family Law Attorney and Counsellor at Law - Excerpt from Family Law Attorney and Counsellor at Law: In a recent custody proceeding, my co-counsel...more

Immigration Update: EAD Eligibility for H-4 spouses

Effective on May 26, 2015, certain dependent spouses of H-1B workers will be eligible for employment authorization. Specifically, H-4 spouses will be eligible for this new benefit provided their H-1B nonimmigrant worker...more

When Can I Modify My Estate Documents During a Divorce?

Often clients ask when estate documents can be modified during a divorce. You should consider changing everything immediately. There are essential documents that everyone needs in his/her estate plan to be prepared to...more

STUDY: Divorce Custody Arrangement that Benefits Kids Most

One of the most highly debated and emotionally charged issues in parenting involve custody and timesharing arrangements. As if the end of a relationship (through separation, divorce or paternity) isn’t stressful enough, not...more

Why trustees need to know something about will residue clauses

The Anglo-American trust is an invention of the judiciary, specifically the English Court of Chancery. The will, a testamentary instrument, on the other hand, is a creature of statute. The testamentary trust is a product of...more

Florida Recognizes Same-Sex Marriages, At Least When the Time Comes for Divorce

A same-sex couple were married in Massachusetts in October 2012. They later moved to Florida, and one of the spouses filed a petition for dissolution of marriage in Florida, even though Florida does not recognize same-sex...more

Paying Child Support: Are Your New Hires Being Honest?

Knowing that his old high school friend Iman Dedbeet had just been taken to the cleaners by his ex-wife Goldilocks in a nasty divorce, Johnny Clueless decided to help Iman out by hiring him as his general sales manager at...more

The United States Supreme Court Hears Oral Arguments Today on Challenges to Same Sex Marriage Bans

Attorney Rebecca Palmer appeared on Fox News yesterday speaking about same sex marriage bans and The Supreme Court case being heard. The case Obergfell v. Hodges combines four challenges to same sex marriage bans from Ohio,...more

The Supreme Court Weighs The Constitutionality Of Restricting Marriage To Opposite Sex Couples, And The Impact Their Decision May...

Background - Today, the U.S. Supreme Court heard oral argument on two questions regarding the Constitutionality of state laws limiting marriage to opposite-sex couples. In 2013, the Supreme Court side-stepped the issue...more

What Legal Rights Exist if a Parent Abducts a Child?

When issues arise between parents, there may be times when tempers flare and things are said or done that probably should not be said or done. Unfortunately, during such disputes, one party might decide to retaliate against...more

New Rules Bring New Requirements in the Fifth DCA

If you are a registered filer with e-DCA, you may have received this notice from the Fifth DCA last week. Because of changes to the Florida Rules of Appellate Procedure, attorneys are now required to notify the appellate...more

Bankruptcy Beat: A Post-Divorce Judgment Stipulation That Modifies Obligations to a Former Spouse Does Not Likewise Modify The...

On March 3, 2015, the Honorable Albert S. Dabrowski issued a decision in Swiatowiec v. Swiatowiec (In re Swiatowiec), Adv. Pro. No. 11-2074, concerning the issue of whether obligations to a former spouse incurred in the...more

New DOL Rule Redefining “Spouse” Temporarily Placed on Hold

A new Department of Labor rule defining “spouse” for purposes of the Family and Medical Leave Act (“FMLA”) was to take effect March 27, 2015, but on March 26, a federal judge in Texas granted a preliminary injunction staying...more

Appellate Court Notes

- AC36342 - Budrawich v. Budrawich Post-dissolution motion to modify child support denial was upheld by the Appellate Court due to lack of substantial change in circumstances, when ex-husband’s increased income was not...more

Parenting Time in Arizona - What Does it Mean? [Video]

These are some points the judges consider when decided Parenting Time. • Courts prefer 50/50 • Model parenting plan often not used • Factors: > Relationship of the child and parents > Children and...more

Paltrow Isn’t Divorcing, She’s “Conscious Uncoupling”

Hi there, My clever coworker, Abigail Munafo, pointed out to me today that I have a category entitled “Celebrity Trash,” and I haven’t posted to it in a while. So, it was extremely timely to read that Gwyneth Paltrow...more

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