by Karen UlmerBelow are summaries of some of the most recent decisions on various family law topics. Paternity by Estoppel – K.E.M. v. P.C.S. In this case, Appellant, mother of G.L.M., brought an action for support against Appelle, the alleged father of G.L.M. Appellant was married to H.M.M. at the time G.L.M. was born. Further, H.M.M. had […]
Divorce and Deferred CompensationApril 29, 2026 - 12:41 pm
Rental Properties and DivorceApril 17, 2026 - 9:37 am
Pets in DivorceApril 8, 2026 - 11:23 am
Contempt for Non-Payment of Support
In Warmkessel v. Heffner, 2011 PA Super 46, the Superior Court held that credit will not be given for time already spent in jail between being taking into custody and the support hearing due to non-payment of child support. The Defendant Father had been ordered to pay $260 per month in child support for his […]
Division of Pensions in Divorce
Pensions, as well as other retirement plans, are often one of the assets up for division in a divorce. The court will equitably divide the marital portion of a pension plan after considering all the relevant factors in equitable distribution. The marital portion of a plan would be the portion that accrued from the date […]
Embryos are Marital Property
Frozen embyros are considered marital property and hence, technically up for division in a divorce, however there is some disagreement on exactly how the “property” should be dealt with. This is a relatively new issue in family law and different states have applied different methods for resolving the matter. The Pennsylvania Superior Court recently released […]
Two-Year Separation – Divorce
Most parties pursuing divorce will choose to proceed with no-fault grounds for divorce. A no-fault divorce simply means there has been an irretrievable breakdown of the marriage. There are two different ways to establish an irretrievable breakdown of the marriage under the Divorce Code. First, both parties may consent to the divorce after 90 days […]
Basics of Child Support
Child support in Pennsylvania is based on statewide guidelines established by the Pennsylvania Supreme Court. The guidelines are intended to ensure that similarly situated parties are treated similarly. Accordingly, all parties making $3000 per month with 3 kids would pay the same amount of support based on the guideline amounts. The guidelines are based on […]
Role of Gender in Custody
Many parents who are considering custody litigation still assume or inquire as to a gender preference in custody. It is true that moms used to be the preferred custodians for minor children over dads. During the early twentieth century the custody laws of nearly all the states endorsed this view as well. There was a […]
Common Law Marriage
Common law marriage could be established in Pennsylvania up until January 1, 2005. All common law marriages established before that date are recognized as valid marriages. In order to establish a common law marriage, the parties must have exchanged words of intent to be married and held themselves out to their community as being married. […]
Application of Custody Relocation Law
Section 5337 of the new custody laws sets out the procedures and standards for relocation requests. E.D. v. M.P., 2011 PA Super. 238, is one of the first cases to apply the new relocation law. In E.D. v. M.P., Mother appealed after the lower court granted Father’s relocation on the grounds that Father didn’t comply […]
Evolving Issues in Family Law
Below are summaries of some of the most recent decisions on various family law topics. Paternity by Estoppel – K.E.M. v. P.C.S. In this case, Appellant, mother of G.L.M., brought an action for support against Appelle, the alleged father of G.L.M. Appellant was married to H.M.M. at the time G.L.M. was born. Further, H.M.M. had […]
New Child Custody Act – Factors to Consider when Awarding Custody
The custody laws in Pennsylvania were recently revamped with a new set of statutes regarding custody coming into effect in 2011. Any custody award is still to be based on the best interests of the child. Section 5328 of the new law lays out 15 factors to be considered when awarding custody in addition to […]