Entries by Karen Ulmer

Warranty of Habitability

There is an implied Warranty of Habitability when you rent a premises in Pennsylvania. In other words, the rental unit must be habitable: i.e. there must be water and heat, and the property must be safe and sanitary. If a problem develops after you move in, contact the landlord immediately. While I recommend calling the […]

Advertising the estate

In Pennsylvania, executors have a duty to pay all debts prior to distributing assets to the beneficiaries. Normally, creditors may file a lawsuit against a party prior to the expiration of the statute of limitations, which runs for several years (for example, a breach of contract claim has a 4-year statute of limitations). As executors […]

Income or Asset? Avoid the Double Dip

Oftentimes when getting divorced, an asset the generates income can either be considered in equitable distribution or in support. For example, if you receive stock options as part of your employment, they are considered an asset for purposes of divorce. If you cash them in during the divorce, it will either be considered an asset […]

Stepparents and Custodial Rights

Under the custody laws, when parents split up, both parents often will go to court or come to an agreement on a custody schedule. What happens, when a parent and a non-biological parent separate? Oftentimes, the non-biological parent may have been very involved in the child or children’s lives. If that non-biological parent did not […]

When and where to file for Child Support in Pennsylvania

Child support is a remedy afforded to the parent who has the majority of time with the children or who has equal time but makes less money. Child support may be filed either in the county where the child lives, the defendant lives or the defendant works. In Pennsylvania, child support is based on guidelines […]

Testimony of the Child in Child Custody

Sometimes when you are going through a custody battle your children may have to testify. Oftentimes, depending on their age, it will be done in chambers with the Judge and attorneys present but not the parents. There is always the possibility, however, it may be done in open court which is much more intimidating for […]

Tips when first separating from your spouse

If you are separating from your spouse, there are various things that you should do or not do during this time: 1. You should freeze any joint credit card debts so that your spouse does not continue to increase debt in your name. 2. You should freeze joint bank accounts if you are not going […]

Who Pays What During a Divorce

Child Support: The party who does not have the majority of time pays child support or if the parties have equal custody time usually based on overnights, the party who earns more pays child support. Spousal Support/Alimony: Paid by the party who earns more income Mortgage/household bills: Paid by the party who remains in the […]

Kinship Adoptions

Some of the statutory requirements for adoption are waived in the case of a family member adopting a child. A standard adoption will require a home study to be completed by the local Children & Youth services agency. This process is expensive and takes a number of months. This requirement is waived in the event […]

Another Approach to Divorce – Collaborative Law

When getting divorced, there are several different approaches that a couple can choose. Some people opt for mediation to try to resolve their disputes and save them money. Others, take the traditional approach and opt for attorneys to handle everything. There is another approach that is less known but can be quite effective – collaborative […]