by Karen UlmerWills for Heroes is a program in conjunction with the Pennsylvania Bar Association that provides free wills, living wills, and powers of attorney to first responders and their spouses/significant others. Proof of military or public service affiliation is required. Appointments are required and can be made on the Pennsylvania Bar Association website. Each appointment is […]
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Allocation of Support
Allocation is the identification of separate portions of a support award where a party receives both child support and some form of spousal support simultaneously. Child support and alimony payments have different tax consequences. Child support is not tax deductible by the payor or taxed as income to the payee. The exact opposite is true […]
Wills for Heroes
Wills for Heroes is a program in conjunction with the Pennsylvania Bar Association that provides free wills, living wills, and powers of attorney to first responders and their spouses/significant others. Proof of military or public service affiliation is required. Appointments are required and can be made on the Pennsylvania Bar Association website. Each appointment is […]
Survivor Benefit Plan
Survivor benefits refer to the benefit that can be paid to the selected beneficiary following the death of the employee. This type of benefit is available in the context of a military pension plan. A survivor benefit is a marital asset that should be addressed in the context of a divorce. It is a separate […]
Deciphering Military Pay
Service members can receive compensation in a number of different categories. First, every service member will receive basic pay. This is their compensation for being enlisted as a service member. Certain service members will receive allowances in addition to their basic pay. BAH is the allowance for housing. This figure varies depending on the geographic […]
Child Support for Military Families
There are several options in providing for child support of minor children when one of the parents is in the military. One option is the traditional method of pursuing court-ordered support through the state court with jurisdiction. Please note that the Servicemember’s Civil Relief Act (SCRA), which mandates a stay on civil matters while a […]
Holiday Schedules
As the holiday season approaches it is a good time to figure out where children will spend the holidays if you are separated or divorced. A good custody order will include a holiday schedule. Frequently seen provisions include alternating holidays so that one parent has a holiday in even years while the other parent has […]
Spousal Support
Section 4321 of the Domestic Relations laws provides that married persons are liable for the support of each other according to their respective abilities to provide support as provided by law. Similar to child support, spousal support will be calculated based on a statewide guideline. Without children, spousal support is 40% of the difference of […]
Reconciliation
Pennsylvania allows a no-fault divorce on the basis of one year separation period. Separation is defined in Section 3103 of the Divorce Code as follows: “Cessation of cohabitation, whether living in the same residence or not. In the event a complaint in divorce is filed and served, it shall be presumed that the parties commenced […]
Separation for Divorce
Separation is one of the no-fault grounds for divorce in Pennsylvania. A no-fault divorce simply means there has been an irretrievable breakdown of the marriage. Grounds for a divorce can be established if a one year separation period is established. One party would need to file an affidavit of separation setting forth the separation date. […]
Jurisdiction for Custody
Pennsylvania abides by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in terms of determining where a custody case should be handled. The preferred method for establishing jurisdiction is based on the home state of the child. The homes state is defined as the state where the child had been living for at least […]