Blogs

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

  • HANRAHAN V. BAKKER: A HIT OR A MISS? On June 19, 2018, the Pennsylvania Supreme Court, in an Opinion that could be described as unanimous, ruled that the trial court was correct when it decided that it could deviate from presumptive minimum guidelines in a high-end child support case. The case has been floating about for quite some time. We wrote about the Superior Court decision back on December 7, 2016 and we provided the incomes the Delaware County Court had to look at: Mom               Dad 2009                   184,000           4,000,000 2010                   139,000           1,100,000 2011                   145,000           2,300,000 2012                   105,000          ... More
  • Things Do Not Look “Joli[e]” in the Brad & Angela Custody War The Hollywood gossip this week revolves around an Order issued in California in the custody dispute between actors Brad Pitt and Angelina Jolie. That Order outlined a summer custody schedule for the six children while maintaining primary custody with Jolie. But the Court issued stern warning to the Mother stating that: “If the minor children remain closed down to their Father….it may result in a reduction of the time they spend with {Mother} and may result in the Court ordering... More
  • Does the Change in the Tax Law Kill the Mythical Alimony “Formula” As I wrote in December, the Tax Cuts and Jobs Act enacted at the end of last year, changed the taxability of alimony starting in 2019.   Specifically, while alimony is currently income to the recipient and deductible from the income of the payor, for agreements and judgments entered after December 31, 2018, that will no longer be the case.  Put another way, the ability to shift income so that it is taxed at the rate of the tax payer at... More
  • Medical (or not) Marijuana’s Impact on Custody Cases Pennsylvania uses the standard “the best interests of the child” when determining custody issues. What happens if the best interest of the child breaks the law? Such is the case in Georgia where parents of a 15 year old boy suffering from epilepsy resorted to marijuana to treat his seizures. Their argument is compelling: their son suffers from debilitating seizures that have not responded to traditional treatment and medical help is forty-five minutes away from them. They feared his seizures... More
  • Know Your Mediator There is an old adage in litigation “know your judge.”  Essentially what that means is that you should find out as much as you can about the judge you are appearing in front of both so you can try to understand what the outcome might be but more importantly, so that you can may a presentation to the judge that she/he will respond positively to.  Some judges will let you go on an one.  Some judges have little patience and... More
  • SUPPORT CONTEMPT: PUNISHMENT DELAYED MAY MEAN PUNISHMENT DENIED It happens every day throughout the Commonwealth.  It is support contempt court and the crowd is large and anxious. On Valentine’s Day, 2017 a contempt hearing was scheduled with the petitioner being the grandmother of two young children, and the respondent, her daughter.  The daughter was supposed to pay $108 in support and $30 on arrears. As often occurs at these contempt hearings, a deal was struck and placed in writing.  The agreement was admitted contempt but no incarceration provided that all... More
  • AUTHENTICATION OF SOCIAL MEDIA; NO EASY MATTER In a published decision reported on March 15, 2018, the Superior Court has addressed what it takes, at least in a criminal setting, to tie a Facebook posting to a defendant charged with a serious crime. Tyler Mangel and Matthew Craft were charged with assault in Erie County.  In the course of the prosecution, the Commonwealth filed to secure Facebook subscriber information.  That motion was granted and at trial, the prosecution filed a motion to introduce information obtained from Facebook, which... More
  • Superior Court Deals Blow to “Dissipation” Theories in Equitable Distribution A recent case published by the Superior Court gives us some insight into one issue which has thus far evaded appellate review and affirms in principle that alimony remains a secondary remedy and one which is awarded based upon need. Core facts are: Husband: 61 Wife: 56 Both employed in health care industry. Husband’s net: $16,000 Wife’s net: $10,400 (60/40) 25 year marriage Wife received support $2,200 in support since 2012. Court awarded 55/45 split in favor of Wife.  The gross estate is $7,000,000+ pensions. Wife asserted that Husband had dissipated... More
  • Appellate Division Issues New Decision on Cohabitation In the midst of our ongoing quest for guidance as to how and when to apply the 2014 cohabitation statute, comes the Appellate Division’s recent unpublished (not precedential) decision in J.S. v. J.M.  While the decision does not reveal much in the way of noteworthy substance beyond what we have already seen in other post-statute decisions, the Appellate Division did opine on a couple of points that this author found interesting, one of which is addressed herein. Briefly, the parties were divorced in 2010,... More
  • Don’t Assume Your Instagram is Private In February 2018 we wrote about a recent New York appellate case making clear that those who post information about themselves on Facebook are going to have a difficult time asserting that the posting is private and not subject to scrutiny in subsequent judicial proceedings. This is especially true where the content of the posting can be tied to the litigation. In that case, a Facebook posting was found to be discoverable in a personal injury case. That was New York... More
  • Deference to Division of Child Protection and Permanency Findings Not Absolute Although the typical matrimonial practitioner may not undertake Division of Child Protection and Permanency (“Division”) on a regular basis, we oftentimes face situations wherein a trial court, in a related matrimonial proceedings, determines Division investigations to be relevant to determinations of custody and parenting time before it. The recent case of DCP&P v. R.R., — N.J. Super. — (Mar. 19, 2018)(slip. Op. at 13), is an interesting new opinion that offers some guidance as to whether these types of investigations... More
  • Football Injuries Give Rise to Legal Custody Questions My colleague, Mark Ashton, was recently quoted in Mr. Ken Belson’s New York Times article addressing a Pittsburgh custody case grappling with whether a child should play football after having had three concussions before his 16th birthday. As Mark points out in the article, custody officers are unwilling to touch an issue such as contact sport participation because no one wants to be the one who provides the opportunity for a child to be hurt. I think another reason why... More
  • Read This Before You Press “Record” Technology is making it easier and easier to satisfy our curiosity about just what the heck the people in our lives are up to.  Are you curious about your husband’s whereabouts?  You could plant a GPS device on his car.  Do you want to know what your wife is saying to the kids?  There are many ways to go about recording those conversations.  Are you dying to know what your spouse is doing on that laptop, tablet, or smartphone of... More
  • Smile for the Camera, and other Family Law nightmares You never know when or where the next video camera or recording device  is going to show up. And when you’re in the middle of a contested divorce, particularly if there are custody issues, caution is key. I was reminded of this recently when a local news channel reported on complaints against Amazon delivery drivers who had thrown packages at  customers’ doors. The drivers had been caught because the homeowners had set up video cameras to monitor anyone coming up... More
  • ARE THERE PRIVACY RIGHTS IN FACEBOOK POSTINGS? New York’s highest court, the Court of Appeals ruled on February 13, 2018 that a Facebook account holder’s designation of a posting as “private” did not preclude a litigant from obtaining copies of those postings where they may be relevant to the litigation. The ruling comes from a personal injury case where the plaintiff claimed to suffer permanent injury in an equine fall.  The plaintiff’s claims included those typically associated with loss of enjoyment of life. The defendant sought to secure... More