News & Analysis as of

Child Support Modification Divorce

Fox Rothschild LLP

Superior Court Finds Income is Income Until it Isn’t

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For time immemorial Pennsylvania’s appellate law has held that people who have children have a duty to deploy their resources to see that those children are adequately support. Child support is a “priority” obligation. “The...more

Fox Rothschild LLP

If No Child Support Order Exists, You Don’t Need to Show a Change of Circumstances to Establish Child Support

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Black letter law is that to change a child support Order, the person seeking a modification must show a substantial and continuing change of circumstances. But what is the standard if there is a custody agreement, even if the...more

Fox Rothschild LLP

An Early Nominee for 2024’s Most Bizarre Child (Non) Support Case

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The phrase “Truth is stranger than fiction” is attributed to Mark Twain. There are occasions when an appellate case presents a conundrum. And while it might seem fitting to criticize the trial or appellate courts in case like...more

Lasher Holzapfel Sperry & Ebberson PLLC

Child Support Past High School Graduation? Postsecondary Educational Support in Washington

In many states, child support obligations do not extend past either the age of 18 or the child’s graduation from high school. In Washington, however, a parent can file a petition to continue child support after the child...more

Dentons

I Don’t Appreciate Your Alleged Depreciation

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In Iowa, child and spousal support (alimony) amounts are mainly determined by each party’s income. But income is not the whole story. Parties may deduct certain qualified expenses, resulting in a lower income amount used in...more

Fox Rothschild LLP

A Tale of Two Forums: From Bais Din to the Appellate Division and then Back Again (and Again, and Again)

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The recent Appellate Division decision of Litton v. Litton presents an extreme case of what happens when a litigant agrees to submit his or her dispute to arbitration in Rabbinical Court, Bais Din, but then decides not to...more

Obermayer Rebmann Maxwell & Hippel LLP

A Change in Your Circumstances May Also Result in a Change in Your Support Order

Support orders may be modified by either party at any time as long as there is a material and substantial change in circumstances. However, when a party seeks to modify a support order, the party who wants to modify the order...more

Fox Rothschild LLP

Top 10 Posts of 2022

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The end of the year is the time for holiday merriment and top 10 lists. As a kid, I used to love to listen to Casey Kasem’s countdown of the top songs of the year. So I decided to do a top 10 list related to posts on this...more

Burns & Levinson LLP

New Guidance on the Intersection of Alimony and Child Support

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The Massachusetts alimony statute provides that when alimony is set, the court shall exclude from the calculation gross income, which the court has already considered for setting a child support order.  Effectively, this has...more

Lasher Holzapfel Sperry & Ebberson PLLC

In Washington, What are your Chances of Successfully Appealing your Family Law Case?

Ask any good attorney a question, and you will probably be given the following response: “It depends.” The answer usually serves as a preface to a more thorough discussion about the specific facts of your case, what the...more

Fox Rothschild LLP

Superior Court Affirms Concept of Child Support Agreement as Convertible to Alimony.

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Non modifiable child support provisions are infrequent but do come up occasionally when parties are negotiating Property Settlement Agreements. It typically arises when a dependent spouse asserts that a certain level of...more

Cozen O'Connor

Pennsylvania Support Changes

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January 1, 2022 saw the changes made pursuant to Pennsylvania’s quadrennial review of child support go into effect. While most of the changes and updates were minor, there are some that may impact existing child support...more

Fox Rothschild LLP

You May Not Get to Reduce Your Alimony if Your Voluntary Sale of Your Business Reduces Your Income

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More and more, we have seen medical practices bought up by hospitals, large medical groups and venture capitalists who combine the practices into mega-practices or networks. In those cases, often one doctor in a group has no...more

Burns & Levinson LLP

New Child Support Guidelines to Go Into Effect This Fall

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On August 2, 2021, Chief Justice of the Trial Court, Paula M. Carey, signed new Child Support Guidelines, which go into effect on October 4, 2021. These new guidelines are the result of work by the Child Support Guidelines...more

Fox Rothschild LLP

Child Support And Residing Away From Home At Boarding School: The Logical Extension Of The College Support Analysis

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The Appellate Division’s July 6, 2021 decision follows nearly a decade of post-judgment divorce litigation between the parties. Defendant appealed three (3) Family Part orders which (1) denied his motion to reopen an...more

Stange Law Firm, PC

Do Both Parties Have to Agree to a Modification?

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After a divorce or paternity matter ends, one or both parties may want to somehow modify the judgment. In a general sense, modifications occur in cases of child custody, child support, spousal support, or alimony. However,...more

Stange Law Firm, PC

What If You Cannot Pay Your Child Support?

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In divorce and paternity cases, one parent is often ordered to pay child support to the other. While child support formulas can vary by state, child support calculations typically involve the court look at varying factors....more

Fox Rothschild LLP

New Case Inadvertently Serves As A Tip For Couples With Young Children Divorcing/Setting Child Support

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The newly unreported (does not set precedent) decision of Covone v. Curreri makes two bold moves: (1) asserting that the passage of time is not a change in circumstance warranting a modification to child support and (2)...more

Obermayer Rebmann Maxwell & Hippel LLP

The Impact of COVID-19 on Child Support

COVID-19 has altered daily life for all of us. Schools and non-essential businesses are closed. Kids are at home. We are dealing with the pressures of obtaining food, medicine and even toilet paper. And most seriously, the...more

Fox Rothschild LLP

Family Law Triage When Courts Are Closed. Play safe. Be Smart.

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If you are watching the news you have some impression of what New Orleans must have been like in the hours before Hurricane Katrina hit. The Coronavirus storm is hitting New York City and the lower counties with a fury. The...more

Dickinson Wright

Tips to Keep in Mind When Child Support Needs to Change

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A common misperception arises as to when child support amounts change. As a general rule, parents are required to exchange tax returns each year during the period of time that child support is owed. ...more

Stange Law Firm, PC

The False Mindset of Fixing It Later

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For many individuals, they can find themselves facing a divorce or family law matter. Their spouse (or the other party to the family law case) has an attorney. They indicate that their attorney is simply going to draw up the...more

Stange Law Firm, PC

Modifications Are Common Family Law Cases

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When individuals think about family law matters, divorce cases are the first types of family law cases that often come to mind. It is true that divorce filings are probably the most common type of family law case. ...more

Obermayer Rebmann Maxwell & Hippel LLP

Custody: Relocation and School Changes-plan Ahead

School placement for children during and after a divorce can be a very contentious topic between spouses. Addressing educational opportunities and placements for the children is a vital step in resolving custody and parenting...more

McManis Faulkner

Two Sides To The House Of Usher: Useful Tools for Child Support Advocacy

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Sometimes even a 60 percent drop in income isn’t enough. In In re Marriage of Usher (2016) 6 Cal.App.5th 347, the Second District Court of Appeal held that the reduced monthly income of Kinka Usher (“Kinka”) from...more

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