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Divorce: The New Estate Planning Tool?

This morning (5/17) presented an article by Michael Waters in the on-line edition of The Atlantic noting that only about half of Americans die with a will (i.e., testamentary instrument) and suggesting that many of the state...more

Should You Convert Your IRA/401K To An Annuity?

This is an odd topic for a family law blog until I started to think about. Today’s on line Marketwatch website featured an article by Chris Farrell about whether retirees should consider rolling assets from defined...more

CUSTODY & RELOCATION: A Non Precedential Crack in the Door

For quite some time now lawyers interviewing clients about a desire to move out of state with their children have had to present some grim news. The weight of authority has long been that if the non relocating parent is in...more

RECIDIVIST CONTEMPT YIELDS 10.5 YEAR SENTENCE IN NORTHAMPTON COUNTY ABUSE CASE.

Sometimes it can be difficult to persuade clients that the remedies arising from the Protection from Abuse statute can be criminal and quite serious. The ruling on Tuesday in Segreaves v. Segreaves hammers home the point....more

A RIGHT RESULT BUT FOR THE WRONG REASONS In Abuse Cases Can the Facts Go Far Beyond the Pleading?

In a non-precedential case decided on April 29, 2022 a panel of the Superior Court tackled a common and nettlesome question. We live in an age when petitions filed under the Protection from Abuse statute are almost always the...more

IS CONTINGENT DEBT SUBJECT TO DISTRIBUTION? A Student Loan Guaranty Needs to be Addressed in Divorce

A panel decision issued April 27, 2022 takes on an issue heretofore undecided in Pennsylvania but an issue of enormous consequence to many marital estates; the matter of student debt. ...more

Divorce Financing Encounters A Turbulent Real Estate Market

At the end of the day, divorce is a financial transaction wrapped in complex human emotions. Part of the divorce lawyer’s mission is to try to gently unwrap the emotion so that each party can walk away from a failed...more

Family Law Litigation in Pennsylvania; What Hath Covid Wrought?

We try to keep tracks of trends in family law. 2020 was, for many reasons, an unusual year but some trends are continuing when we reviewed the statistic survey published by the Administrative Office of Pennsylvania Courts...more

Support Collection In An Age Of Going “Gig”

The January issue of Family Lawyer Magazine published an article about the rise of the gig economy and what it means for divorce. I have been thinking about that and the subject came back to mind when Saturday’s Wall Street...more

In Custody Matters Mind Your “Party” Manners

The Superior Court decision this week in Jacoby v. Jacoby is non-precedential but borrows heavily from a 2011 precedential decision in an Orphans’ Court appeal, In re Estate of Brown. The Brown case reminds us that judicial...more

Vaccine Wars Round 2: Are These Claims Justiciable?

In October there was a local case where parents were in conflict over vaccination of an incapacitated adult child. In that case, Matter of A.C.G., after an evidentiary hearing, the Court ruled that the child could be...more

Communicating the Divorce News to the Family

We recently posted on the matter of how to let friends and family know that a separation/divorce is imminent. In so doing, we neglected the far thornier subject of how to tell the kids. This is indeed a ticklish subject...more

1/26/2022  /  Divorce , Marriage , Separation , Spouses

Happy January 2022: It’s Not Just About the W-2 This Year

For those of you who do not study domestic relations as a hobby, there are some usual and unusual aspects to THIS new year. First; foremost, the child support guidelines were modified effective January 1. Generally,...more

IVF & The Donor Dilemma

We recently wrote about the matter of searching one’s genetic past and some of the unusual history which that kind of testing can reveal. The Wall Street Journal’s January 3 edition informs us that in an age of advancing...more

When Taking Your Kid Is A Crime

We live in some extraordinary times; ones where citizens seem to think that they can or sometimes must take the law into their own hands. The idea that a parent could be guilty of a misdemeanor, let alone a felony, for...more

HELLOPRENUP Emerges from the SharkTank

We try to stay away from successive articles on the same subject. But a fellow lawyer and friend sent me a link to information about a new online legal product available for “only $599” after having been featured on SharkTank...more

ENGAGEMENT SEASON IS PRENUPTIAL AGREEMENT SEASON

Ask anyone being married for the first time why he or she should have a premarital agreement and the answer is commonly: “Why would I, I don’t really own anything?” followed quickly by the romantic sentiment, “and besides, I...more

THE PARNELL CUSTODY TRIAL When the Reach Exceeds the Grasp

Child custody trials can be interesting; alas, not as riveting as the clients seem to think. The Parnell trial pitted an ex Army ranger turned novelist/ U.S. Senate candidate against his former wife. The stakes were three...more

Wall Street Journal Takes on the College Cost Issue

The November 10 Wall Street Journal stuck a pin in an otherwise accepted “truth”; that post secondary education is always a good investment. In a front page article titled “A $115,000 U.S.C. Degree Yields Low Pay, Huge Debts”...more

Rushing the Divorce Decree for Tax Reasons? Relax!

2018 was a momentous tax year for family lawyers. Congress changed all the rules and the ones abandoning the tax exemption for alimony came as a special surprise. All of us know the Tax Code was changed in other aspects with...more

23 & EEEEEEEEEEEEEEEEEEE!?!?!?!?!? If You Must Search for Ancestors Be Prepared for Surprises

The Sunday edition of the Philadelphia Inquirer presented a set of stories which are becoming common in a world where Americans can buy DNA kits at the drug store and begin an online search for their ancestry. The sometimes...more

CONVEYANCES OF MARITAL PROPERTY INTO TRUSTS Superior Court Holds Such Gifts May Be Fraudulent

The Superior Court issued a non precedential decision on September 21 grappling with a question that has lingered since Pennsylvania adopted equitable distribution forty years ago. What happens to transfers of marital assets...more

The American Family: Increasingly Isn’t

The Pew Research Center issued a report today titled by its conclusion. “Rising Shares of U.S. Adults are Living Without a Spouse or Partner.” The study utilized data from 2019 and found that it is isn’t just marriage that’s...more

The Kiddie Hearsay Statute: Not Just For Criminal Lawyers

In 1989 the Pennsylvania General Assembly adopted an oddly named law of evidence titled: “Admissibility of Certain Statements.” The thrust of the statute is that under limited circumstances, if a court finds the hearsay...more

SEARCHING OUR ELECTRONIC PAST: The Protection From Abuse Gloves Come Off In Pennsylvania’s Senate Race

This writer grew up as a Republican and recalls with some fondness the wars in the 1970s between liberal “Rockefeller” Republicans and conservative “Reaganites.” The fight was for the soul of the party, whatever that was. ...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.