Blog – Pennsylvania Family Law

http://pafamilylaw.foxrothschild.com/

Mark contributes to the Pennsylvania Family Law Blog, which 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.

Recent Blog Posts

  • 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
  • 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
  • Don’t Confuse Your Joy With Your Kid’s The holidays are not upon us but they are not far away either.  If you are separated and your holiday plans for sharing custody are not, “set” it is well-nigh time to begin the discussion because November is not a good time to start Thanksgiving discussions and December is going to follow immediately. If this has been your “separation” year for good or for bad, you need to understand that when it comes to old holiday traditions, all bets may be... More
  • Can Divorcing Families Afford The “Sporting Life?” The September 7 issue of TIME Magazine features our obsession with childhood sports.  The statistics tell the story.  In 2005, school age children played sports at a combined cost of about $8 billion per annum.  Today that number is about $15 billion, almost double. And, during this same period there was no increase in the population of American children.  About 73 million, then and now.  So, how about household income over the same period?  Nominally, it went from an average... More
  • Observations On Mediation There is a world of information on the internet.  That includes a huge number of websites professing to advise you about divorce.  And among the topics often discussed on these sites is mediation.  Not a week passes without at least one client asking whether they should mediate one or more issues arising from separation and divorce. Mediation is non-binding negotiation without lawyers.  What could be better?  Get the job done without the expense of the lawyers.  So, it naturally follows that... More
  • Is Football Destined To Become A Legal Custody Football? In most cases, there isn’t much to write on the subject of legal custody. In Pennsylvania, it is the right to make decisions affecting the child’s welfare; in contrast to physical custody which is where kids spend their time. It rarely comes up except when couples fight over school placements or foreign travel to “unsafe” places. Under a long-standing Pennsylvania Supreme Court decision, Zummo v. Zummo, courts stay out  of questions concerning religious worship unless the worship involves venomous snakes... More
  • Hedging Bets on Social Security If you have been reading the news lately, we have seen lots of electronic ink spilled over entitlement programs, especially Medicaid and its role in health care reform. Meanwhile, the report of the Trustees of the Social Security Fund issued a grim report earlier this month about the viability of the program upon which almost every American relies as an important piece of retirement income. The short-term news is good. The Trustees see surpluses in the accounts (income exceeding benefit payments)... More
  • Bitcoin Redux with an Ethereal Twist We last wrote about Bitcoin in late March, 2014. The principal concern we expressed at that time was that these cryptocurrencies might form a refuge from financial disclosure in the typical divorce setting. The specifics of how these assets work is in the earlier article and available on line as part of our archive (search: bitcoin). The one thing that had to discourage this medium of investment was its volatility. People who buy a currency tend to like it to... More