Litigation

By: Daniel M. Hanifin

Upon the request of either party in a divorce action , a court shall divide, distribute or assign, the marital property between the parties without regard to marital misconduct in such percentages and in a manner that the court deems proper.  In dividing marital property, which is defined as property acquired during the marriage, the court will consider the following factors:

(1)    The length of the marriage;
(2)    Any prior marriages of either party;
(3)    The age, health, income , vocational skills, estate, employability and needs of each party;
(4)    The contribution of one party to the education, training or increased earning capacity  of the other ;
(5)    The possibility of each party for future acquisition of assets and income;
(6)    Income of both parties, including medical, insurance and retirement benefits;
(7)    The contribution of each party to the acquisition of marital property;
(8)    The value of personal property for each party;
(9)    The standard of living created during the marriage;
(10)    The circumstances of each party at the time of equitable distribution; and
(11)    Whether the party will be the custodian of any minor child.

The court has broad based power to effect equitable distribution of the marital assets including the entry of a judgment against a non-complying spouse.

Many people avoid the necessity of having a court divide their property by entering into a marital settlement agreement, which should be incorporated into the divorce decree.  To learn more about equitable distribution of marital property and/or marital settlement agreements please contact Dan Hanifin.

By: Daniel M. Hanifin

In today’s economy, family lawyers are often faced with the proposition that existing marital and child support obligations are financially overburdening to the payor.

If you are a payor that has had a reduction in salary, what can you do?

If you fall into this category, you should contact a lawyer immediately and ask him/her to file a petition for modification. It may take several months before you get in front of a support master, but under Pa R.C. P. 1910.17 a reduction may be awarded retroactively to the date of the filing of the petition for modification. So, time is of the essence.

Am I eligible for a reduction in support if I voluntarily left my job?

No. Pa R.C.P. 1910.16-2(d) does not allow for a reduction in support if your separation is voluntary.

For more information on Support Orders or other Family Law issues please contact Daniel Hanifin at dhanifin@utbf.com.

By: Daniel M. Hanifin

For many separated couples the first step on the road to divorce is a domestic relations conference for spousal and child support. Even before a complaint for divorce is filed, many dependent spouses will file a complaint with the county domestic relations office for both spousal and child support.

When you receive a domestic relations complaint:

First, check the accuracy of the information reported by the filing spouse. There are often inaccuracies which can affect the outcome of the conference;

Second, get all of your required paperwork in order. Attached to the complaint are several worksheets that are required to be filled out and brought to your first conference;and

Third, call a lawyer to help you prepare for and to represent you at the conference.

While it is not necessary to have a lawyer represent you at your domestic relations conference, it is advisable! There are many issues surrounding the payment of spousal and child support, including tax ramifications that your lawyer will help you with. In addition, whether you are nervous or just angry a lawyer will keep you from making mistakes that will hurt the outcome.

For more information on domestic relations conferences contact Dan Hanifin at dhanifin@utbf.com