Parental rights can generally only be dissolved in conjunction with an adoption matter. A biological parent can consent to an adoption, voluntarily relinquish their rights or be subject to involuntary termination. Pursuant to 23 Pa.C.S. § 2511, there are nine (9) grounds for involuntary termination of parental rights: (1) The parent by conduct continuing for […]
https://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.png00Karen Ulmerhttps://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.pngKaren Ulmer2015-10-01 03:17:002020-04-06 16:16:39Involuntary Termination of Parental Rights
If there is a question as to the validity of a marriage, Section 3306 of the Divorce Code discusses how either party may file for declaratory judgment with the court at any time. The court will declare the marriage valid or invalid based on the proof presented. Under 23 Pa C.S. 3304, void marriages include […]
Montgomery County has a different procedure regarding grounds for divorce and equitable distribution matters. Once grounds are established and discovery is complete, the moving party should file a Motion for Entry of Grounds and Appointment of an Equitable Distribution Master. The moving party will now have to pay a $400 fee at the time the Motion is filed. The Motion must certify […]
https://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.png00Karen Ulmerhttps://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.pngKaren Ulmer2015-09-17 10:12:472020-04-06 16:16:39Grounds and Equitable Distribution in Montgomery County
Mortgage payments may be considered in the course of establishing a support award. Pennsylvania Rule of Civil Procedure 1910.16-6 covers adjustment to basic support awards and allocation of additional expenses. Under sub-section (e) mortgage payments, real estate taxes, and homeowners’ insurance may need to be considered. Second mortgages, home equity loans and other obligations secured […]
https://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.png00Karen Ulmerhttps://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.pngKaren Ulmer2015-09-11 10:59:032020-04-06 16:16:39Mortgage Deviations in Support
Pensions already in pay status at the time of separation require additional considerations in a divorce matter. The pensions can still be divided as a marital asset however the method of valuing the total value of the pension for distribution is altered. This is because often elections for survivor benefits are made at the time […]
https://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.png00Karen Ulmerhttps://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.pngKaren Ulmer2015-09-03 02:22:512020-04-06 16:16:39Pensions in Pay Status
Benefits payable to the children can affect the child support award. Pennsylvania Rule of Civil Procedure 1910.16-2(b) discusses the treatment of public assistance, SSI benefits, certain Social Security payments and foster care payments in regard to calculation of support. Per sub-section (1) public assistance and SSI payments cannot be considered. SSI is a federal means-tested […]
https://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.png00Karen Ulmerhttps://ulmerlaw.com/wp-content/uploads/2020/03/ulmerlaw-logo.pngKaren Ulmer2015-08-27 02:15:302020-04-06 16:16:39Benefits Paid to Children
Breast-feeding alone is not a reason to grant custody to the Mother over the Father in a custody dispute. In J.R.M. v. J.E.A., 33 A.3d 647 (Pa.Super. 2011), the court granted Mother primary physical custody based exclusively on the fact that the parties had poor communication and Mother continued to breast feed the child. Father […]
Great-grandparents are able to pursue partial custody just as grandparents are. Section 5325 of the Domestic Relations Statute indicates great-grandparents may petition for partial custody/visitation where one of the following conditions is met: (1) a parent of the child is deceased; (2) the parents of the child have been separated for at least six months; […]
Once a divorce decree is issued, entitlement to health benefits as a spouse terminates. COBRA was enacted in 1986 and allows temporary healthcare continuation at group rates for ex-spouses. The ex-spouse is responsible for the entire premium. In that regard, it will likely be more expensive than the rate for the employee who is likely […]
In a decision rendered May 20, 2014, the Honorable John E. Jones, III, sitting for the US District Court in the Middle District on the case of Whitewood v. Michael Wolf, ruled that two of Pennsylvania’s laws regarding marriage were unconstitutional on the basis that they violated the Due Process and Equal Protection clauses of […]
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Involuntary Termination of Parental Rights
Parental rights can generally only be dissolved in conjunction with an adoption matter. A biological parent can consent to an adoption, voluntarily relinquish their rights or be subject to involuntary termination. Pursuant to 23 Pa.C.S. § 2511, there are nine (9) grounds for involuntary termination of parental rights: (1) The parent by conduct continuing for […]
Determining Marital Status
If there is a question as to the validity of a marriage, Section 3306 of the Divorce Code discusses how either party may file for declaratory judgment with the court at any time. The court will declare the marriage valid or invalid based on the proof presented. Under 23 Pa C.S. 3304, void marriages include […]
Grounds and Equitable Distribution in Montgomery County
Montgomery County has a different procedure regarding grounds for divorce and equitable distribution matters. Once grounds are established and discovery is complete, the moving party should file a Motion for Entry of Grounds and Appointment of an Equitable Distribution Master. The moving party will now have to pay a $400 fee at the time the Motion is filed. The Motion must certify […]
Mortgage Deviations in Support
Mortgage payments may be considered in the course of establishing a support award. Pennsylvania Rule of Civil Procedure 1910.16-6 covers adjustment to basic support awards and allocation of additional expenses. Under sub-section (e) mortgage payments, real estate taxes, and homeowners’ insurance may need to be considered. Second mortgages, home equity loans and other obligations secured […]
Pensions in Pay Status
Pensions already in pay status at the time of separation require additional considerations in a divorce matter. The pensions can still be divided as a marital asset however the method of valuing the total value of the pension for distribution is altered. This is because often elections for survivor benefits are made at the time […]
Benefits Paid to Children
Benefits payable to the children can affect the child support award. Pennsylvania Rule of Civil Procedure 1910.16-2(b) discusses the treatment of public assistance, SSI benefits, certain Social Security payments and foster care payments in regard to calculation of support. Per sub-section (1) public assistance and SSI payments cannot be considered. SSI is a federal means-tested […]
Breast feeding in Custody Disputes
Breast-feeding alone is not a reason to grant custody to the Mother over the Father in a custody dispute. In J.R.M. v. J.E.A., 33 A.3d 647 (Pa.Super. 2011), the court granted Mother primary physical custody based exclusively on the fact that the parties had poor communication and Mother continued to breast feed the child. Father […]
Great-Grandparent Custody
Great-grandparents are able to pursue partial custody just as grandparents are. Section 5325 of the Domestic Relations Statute indicates great-grandparents may petition for partial custody/visitation where one of the following conditions is met: (1) a parent of the child is deceased; (2) the parents of the child have been separated for at least six months; […]
Post-Divorce Healthcare Options
Once a divorce decree is issued, entitlement to health benefits as a spouse terminates. COBRA was enacted in 1986 and allows temporary healthcare continuation at group rates for ex-spouses. The ex-spouse is responsible for the entire premium. In that regard, it will likely be more expensive than the rate for the employee who is likely […]
Same Sex Divorce
In a decision rendered May 20, 2014, the Honorable John E. Jones, III, sitting for the US District Court in the Middle District on the case of Whitewood v. Michael Wolf, ruled that two of Pennsylvania’s laws regarding marriage were unconstitutional on the basis that they violated the Due Process and Equal Protection clauses of […]