We are proud to offer a selection of blogs covering different geographies and areas of the law. Please see below for a brief description of each, or jump to our recent posts.
New Jersey Family Law Blog
Fox Rothschild's New Jersey Family Legal Blog provides practical information and useful tips related to such topics as alimony, child support, custody, parenting time, divorce, equitable distribution, prenuptial agreements, domestic violence and grandparent visitation. This blog is an excellent resource for individuals with New Jersey specific family law questions and advisors whose clients may encounter family law issues.
View the New Jersey Family Law Blog
Pennsylvania Family Law Blog
The Pennsylvania Family Law Blog provides readers with information on and insight into Pennsylvania Family Law issues, including divorce, equitable distribution, alimony, child support, spousal support, alimony pendente lite, and custody.
View the Pennsylvania Family Law Blog
Recent Blog Posts
- HOW MUCH EVIDENCE DOES A “HAGUE” CASE MERIT? On August 7 of 2017, the Third Circuit Court of Appeals decided a case under the Hague Convention on the Civil Aspects of International Child Abduction. Since we don’t see much child custody litigation in federal courts nor do we see many Hague cases, this one merits a closer look. J[ay] Blackledge was born in the Ukraine in 2008 but is a United States citizen. At the time this litigation was before the courts Mother, a Ukranian citizen, resided in Pittsburgh,... More
- MILITARY PENSIONS ALSO BEING “REFORMED” FOR THE FIRST TIME IN 70 YEARS The recent changes in tax laws have grabbed the headlines but employees of the four branches of the military and the Coast Guard will become part of a new “blended” retirement system passed by Congress in 2016, but effective in 2018. The 20 or nothing system by which those in service had to stay in service for a generation in order to get any retirement has been modified. The 20 year benefits are reduced by about 20% but that remains the... More
- TAX REFORM IS GOING TO YIELD SOME REAL ESTATE “BLUES” Lots of electronic ink has been spilled this week on winners and losers coming out of the Tax Reform Act passed on December 20. Much of this is fairly speculative but some is simply common sense. If you are a homeowner, take a look at last year’s bill for real estate taxes, then calculate what the foreseen or unforeseen buyer of your house will pay as a mortgage if he or she finances at 4.0-4.5%. Realize that, until today, real estate... More
- The Supremes Clarify the Legal Definition of Harassment When It Comes to “Purely Expressive Activity” The word “harassment” is one of those terms I hear all the time as a family law attorney. I have had complaints from clients that their spouse made a mess of the house just to “harass” them. Or, I have had adversaries who intentionally misconstrue every single dispute between our clients as “harassment.” It is just one of those hot-button words that everyone likes to use so much, that there are times when I wonder whether it has lost all... More
- The New Year’s Resolution Divorce For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a chord and has been both well received and cited by other bloggers. As such, given that the new year is near, I thought I would share that piece again, updated slightly for the new year. Over the years, I have noted that the... More
- Will 2018 Be the Year of the Divorce – Will The New Tax Laws Cause A Race to Get Divorced By 12/31/18? Since the first go round of the proposed massive revisions to the tax code were announced several weeks ago, matrimonial lawyers, litigants, accountants, etc. have been in a veritable tizzy over the prospect that one of the modifications was to eliminate the deductibility of alimony payments by the payer and the includability of the payments by the recipient as income, for all agreements or judgments after December 31, 2017. The angst was with good cause because that provision of the tax... More
- ALIMONY ABOUT TO EXPERIENCE AN UNTIMELY DEATH As this is written, the House and Senate this week are scheduled to vote upon a conference report of both houses of Congress which will “reform” tax law in a major way for the first time since the Reagan administration. In order to secure passage, Congress needed to find some revenue enhancements to offset the tax reductions allocated to corporate and estate tax payers. As we predicted in November, alimony as a tax deduction to the payor and an element of... More
- Happy Xmas (War Is Over) – Takeaways for the 2017 Holiday Season With Chanukkah almost behind us and Christmas rapidly approaching, the time for being jolly is unfortunately also a peak time for parental conflict in divorcing and divorced families. What one would think (hope) would be a relatively simple discussion between adults in an effort to resolve such issues often turns into something far worse. Court applications often result where judges are called upon to make last minute decisions about where the children should be, who they should be with, and for what amount of time. With that being said, here... More
- Mediate, Alleviate, Try Not to Hate…Lessons Learned from 80s Icons Ah, the 80s and MTV when bands still made music videos and we still cared to watch them. Many of you may remember the video for the INXS song “Mediate” at the back end of the video for “Need You Tonight”, with the band holding a different sign for each word of the song until they all walk away from the camera during the sax solo. Paying homage to a classic Bob Dylan song, Mediate is really one of the... More
- Alimony Ambiguity Reach Stage “Critical” We have still not seen a copy of the Senate bill although PBS Newshour reports that the final version adopted by the Senate was not circulated in the Senate until late Friday evening and about 5 hours before the vote. However, it appears that the Senate bill does not change existing alimony rules. As noted on Listserve last month, the House version does abandon alimony as a deduction effective January 1, 2018. If you are negotiating an alimony provision you... More
- Settling Your Case Comes With Great Power and Great Responsibility Amicably settling your divorce matter is almost always better than taking your chances at a trial before a trial judge who knows almost nothing about your life. Not only can settling save you substantial time and expense as compared to continued litigation, but also it provides you with the opportunity to end the case on your terms while removing the risk associated with an uncertain trial decision. To that end, settling also means potentially agreeing to terms that are not necessarily... More
- Misunderstanding Between Lawyer and Expert Results in Breach of Contract and Unused Report Experts and their reports can be an expensive, but necessary, element to many types of cases. This is particularly true in divorce cases, whether they are personal or business divorces. In all cases, it is incumbent on the attorney, client, and expert to all have the same understanding of the scope of the work and expectations on expense. Sometimes, it is not possible to absolutely predict how much litigation will cost or account for every variable or obstacle to a... More
- Big Divorce Change: First Draft of House Tax Reform Bill Any American with a pulse knows that 2017 was to be the first overhaul of U.S. Tax Law since 1986. Until this week, what was circulating through Washington was an 18 page executive summary. That changed yesterday when the House Republican Tax Policy Committee circulated a draft bill that specified exactly what changes were being proposed. The draft bill summary merits some review because parts of it will affect most of us. But the divorce bar was shocked to see that... More
- Domestic Violence: A Report From The Data October is Domestic Violence Awareness month. And, earlier this month the Administrative Office of the Pennsylvania Court (“AOPC”) issued its summary of statistics related to this form of action. A note of history is in order. Pennsylvania did not formally define “abuse” or provide a remedy for its commission until 1990. Before that date, the only mechanism available to address it was in the criminal system, typically as an assault. The statute has been amended several times and, at this writing,... More
- TRIGGER VS. DOUBLE TRIGGER: What a Cowboy Needs to Know About Golden Parachutes This is actually about executive compensation. Not just any executive but senior, senior executives. If you have not noticed, we live in a brave new world where many public companies are seeing large blocks of their stock being acquired by private equity companies like Blackstone, Carlyle Group, KKR or Bain Capital. To discourage these often hostile takeovers, many businesses have developed plans to make the takeover financially unattractive. The one we have observed in recent years that should be evaluated in... More