Astor Weiss Kaplan & Mandel, LLP

New 2026 Child Support Rules in Pennsylvania: What Every Parent Needs to Know

2026-07-02T14:35:54Z

If you are currently going through a divorce or have an existing child support order in Pennsylvania, you may have heard that the rules recently changed. On January 1, 2026, Pennsylvania overhauled its child support guidelines for the first time in years. While "legal guidelines" might sound like dry paperwork, these changes affect the actual dollar amount that families receive or pay every month. Here is a simple breakdown of the three biggest changes and how they might affect your wallet.

Addressing The Inflation Gap For Middle-Income Families

Recognizing that the costs of housing, utilities, and consumer goods have risen sharply over the last several years, the Pennsylvania legislature adjusted the Basic Support Schedule to reflect these economic realities. For families with a combined monthly net income between $4,000 and $15,000, basic obligations have increased by an average of 10% to 18%. This adjustment ensures that support orders remain consistent with the actual cost of raising a child in today’s economy, rather than relying on outdated data from years prior. If your current support order was calculated under the old schedule, it may no longer align with the state’s current standards for providing for your child’s needs.

Higher Protection for Low-Income Earners

The law recognizes that a parent cannot support a child if they cannot support themselves. To account for the rising cost of living, Pennsylvania increased the "Self-Support Reserve." Previously, the guidelines started at a combined income of about $1,063 per month. That has now been raised to about $1,255. This ensures that parents at the lower end of the income scale aren't left without enough money to cover their own basic rent and groceries while still contributing to their child's upbringing.

Modernizing Medical Costs

Medical care is more than just doctor's visits for the flu. The 2026 update specifically lists psychological counseling, psychiatric services, and orthodontia (braces) as standard medical expenses. In the past, parents often had to go back to court specifically to argue over who would pay for a child’s therapy or braces. Now, these are clearly recognized parts of the support framework.

Does my child support change automatically?

No. This is the most important thing to remember: The court will not call you to change your monthly payment just because the law changed. If you want to take advantage of these new rules, you must file a "Petition for Modification." Generally, the court will only change your payment if you can show a "substantial change," such as a new job, a change in your custody schedule, or the new 2026 laws making your current payment outdated.

Is it time to review your support order?

Child support is meant to be fair for parents and beneficial for children. If you haven't had your support amount reviewed since 2025, you could be paying too much or receiving too little under the new law. Contact Astor Weiss today to schedule a consultation with our family law team.

Drexel Law, Coached by Attorney Caroline Grace Osborn, Win Regionals In American Bar Association’s Client Counseling Competition

2026-02-09T21:21:02Z

This past Friday and Saturday, our own attorney Caroline Grace Osborn and our firm hosted Drexel Law's Alternative Dispute Resolution team as they competed virtually in the American Bar Association's Client Counseling Competition. Caroline has been coaching them since the start of the academic year. As a result of their hard work, the team won regionals and will be going to Nationals. Go Dragons and great work Caroline!!

Attorney Dave Woloshin Attends Holiday Reception For Philadelphia Chapter of the Association of Rehabilitation Nurses

2026-02-09T21:26:28Z

Attorney Dave Woloshin with outgoing President Wendy Wintersgill of the Philadelphia Chapter of the Association of Rehabilitation Nurses at their Holiday Reception. David Woloshin and Astor Weiss have been long time sponsors of this worthwhile organization.

IRS to Require Electronic Payments & Refunds for 2025 Tax Returns

2025-11-05T21:45:34Z

A recent Executive Order now requires that all federal payments to the IRS, as well as tax refunds, be made electronically. The IRS has begun to phase-out paper payments and refund checks. IRS Guidelines issued pursuant to the Executive Order provide that electronic refunds give taxpayers faster access to refunds, with payments issued in less than 21 days in most cases. Paper check refund payments sent by mail may take 6 weeks or longer. What you need to know:

No changes are being made to the process of filing a tax return – only the payment and refund delivery methods will shift.
Consider direct deposit – Taxpayers who provide valid bank account information with their return will receive the fastest and most secure refund method.
Use electronic payment options – such as Electronic Federal Tax Payment System (EFTPS) and IRS2Go Mobile App for individual or business tax payments.

The IRS will publish all guidance and information necessary for filing 2025 taxes before opening the 2026 tax filing season. Not sure how these changes affect you or your business? Contact us for more information.

Astor Weiss Kaplan & Mandel, LLP

One Logan Square

130 North 18th Street, Ste 1500

Philadelphia, PA 19103

215-790-0100

How do I protect my 401k in a divorce?

2025-07-14T21:01:25Z

Divorce can be a challenging process, especially when it comes to dividing financial assets. One of the most significant concerns is how to protect your 401(k) during this time. Retirement accounts frequently qualify as marital property, which means they are subject to division based on contributions made during the marriage. Here are some steps to help safeguard your 401(k) in a divorce.

Understand state laws and legal rights

In Pennsylvania, courts divide marital property according to equitable distribution laws. This means courts divide the assets fairly between spouses, though not necessarily equally. Unlike community property states, which typically split marital assets 50/50, Pennsylvania considers numerous factors to determine what is fair. These factors may include the length of the marriage and each spouse's financial situation. Understanding how these laws apply to your situation is crucial. Consulting with a divorce attorney can provide clarity and help you explore options for protecting your 401(k) in accordance with Pennsylvania law.

Evaluate financial and legal documents

Before diving into the divorce proceedings, gather and review key financial and legal documents. This includes retirement accounts like Roth IRAs, life insurance policies, credit cards, and debts. Also, consider any court orders related to former spouses or child support, as well as legal documents like wills and prenuptial agreements. Having a comprehensive understanding of your financial situation will empower you in negotiations.

Consider a Qualified Domestic Relations Order (QDRO)

A Qualified Domestic Relations Order (QDRO) is a legal order required to divide certain retirement accounts, including 401(k)s. It instructs the plan administrator on how to pay the non-employee spouse their share of the benefits. A QDRO can help manage the division of your 401(k) without incurring penalties. Ensure that your divorce attorney includes this in your settlement agreement to protect your retirement assets.

Explore negotiation strategies

During the divorce negotiation phase, you can offer alternatives to your spouse instead of dipping into your 401(k). For instance, you might propose other assets that have equivalent value or consider lifestyle changes that could replenish your retirement account post-divorce. Keep in mind that while it may be difficult to prevent your spouse from receiving a portion of your 401(k), strategic negotiation can minimize the impact. Consulting with financial advisors and divorce attorneys is advisable. They can provide tailored advice and help you navigate the complexities of dividing retirement accounts. Protecting your 401(k) during a divorce requires understanding state laws, evaluating financial documents, considering a QDRO, exploring negotiation strategies, and seeking professional advice. By taking these steps, you can work towards safeguarding your retirement assets during this challenging time.

Critical Information about Birth Injuries

2025-07-14T18:58:21Z

Childbirth is often seen as a natural process, but sometimes things can go wrong. Birth injuries are injuries that happen to a baby or mother during labor or delivery. These injuries can range from minor bruising to serious, long-term conditions. Understanding the causes of birth injuries can help parents, doctors, and healthcare providers make informed decisions to minimize risks.

Medical errors and mistakes during labor

Throughout a mother's pregnancy, labor, and delivery, it is necessary for her doctor and medical team to provide constant care and observation. Medical errors can cause birth injuries. This can include mistakes made during labor and delivery. For example, improperly using forceps or a vacuum extractor can result in head or neck injuries to the baby. Failing to identify signs of distress in the baby or mother can also lead to dangerous situations, such as oxygen deprivation. Sometimes, excessive anesthesia is provided, which can lead to significant harm. Doctors, nurses, and other healthcare staff need to carefully monitor both mother and baby throughout the process to avoid such mistakes.

Complications with labor and delivery

Certain complications can increase the likelihood of birth injuries. For instance, if the baby is too large, it can lead to a condition called shoulder dystocia, where the baby’s shoulder becomes stuck during delivery. This can result in nerve damage, fractures, or other injuries. Prolonged labor can also put stress on the baby, potentially causing brain injury or other conditions. These are just a few types of birth trauma that are devastating and for which the doctors or hospital may be responsible.

Lack of proper medical intervention

Sometimes, the failure to intervene when necessary can lead to serious injuries. For example, if a doctor fails to recognize signs of fetal distress or a lack of oxygen, the baby may suffer brain damage or other injuries. In some cases, a delayed or incorrect decision to perform a C-section can result in avoidable birth injuries. Medical staff must assess the situation carefully and act quickly to prevent harm. Birth injuries during delivery can be caused by many factors. By recognizing these risks and taking the right precautions, healthcare providers can help ensure safer outcomes for both mother and baby. When they fail to do so, it may be malpractice. Contact us to see how we can help you and your family.

How are luxury items appraised and divided in a divorce?

2025-01-16T15:06:02Z

High-asset divorces often involve the division of valuable personal property. Luxury items, such as art collections, yachts, and fine jewelry, require a fair amount of attention to ensure fair distribution. Understanding the appraisal and division process helps protect interests during a divorce. The importance of accurate appraisals Accurate appraisals play a critical role when dividing luxury assets. Professionals establish each item’s monetary value through a thorough valuation. Appraisers who are knowledgeable in specific asset categories—such as fine art, marine vessels, or gemstones—analyze market trends and the condition of the item. Courts rely on documented appraisals to determine equitable division.

Factors influencing asset division

Courts examine multiple factors when dividing luxury assets. Judges consider the item’s value, who is in possession of the item, who acquired the item, who uses the item, whether the item benefits any minor children, whether a party can afford to maintain an item and/or buy the other spouse out of the item, and whether the asset qualifies as marital or separate property. For instance, an art collection acquired before marriage often remains separate property, while items purchased during the marriage usually face division. Even if the asset is pre-marital, the increase in value would be marital. Depending upon when an asset is acquired, the expert may need to value the asset as of two or three dates. The case might require a valuation as of the date of marriage or acquisition if the asset is not marital and then also as of the date of separation and/or division of assets.

Art collections and unique challenges

Dividing an art collection presents unique challenges due to subjective valuations and emotional attachments. Appraisers evaluate pieces based on artist reputation, condition, and historical significance. Couples may sell certain works and split the proceeds, or one spouse may retain the collection by compensating the other.

Valuation of yachts and luxury vehicles

Marine or automotive professionals assess yachts and luxury vehicles. Factors such as make, model, year, maintenance history, and depreciation influence their appraised value. Couples may sell these assets or allow one spouse to retain ownership by exchanging them for other assets of equal value.

The role of jewelry appraisers

Jewelry appraisers determine value by examining materials, craftsmanship, and market demand. High-value pieces, such as diamond rings or antique jewelry, often hold sentimental significance, which complicates negotiations. Appraisal and negotiation ensure fair division of luxury assets in a divorce. Consulting professionals and understanding the legal framework help individuals protect their financial and emotional well-being during this complex process.

How can healthcare directives account for cultural preferences?

2024-12-30T17:54:46Z

Healthcare directives ensure that a person’s medical wishes are honored when they cannot speak for themselves. For many, religious and cultural values play a major role in these decisions. Properly drafting a healthcare directive can protect these beliefs and ensure they guide medical care.

Identifying religious or cultural values

The first step in creating a healthcare directive that reflects religious or cultural preferences is identifying specific values or restrictions. For example, some religions forbid blood transfusions, while others require certain end-of-life rituals. Cultural traditions may also influence choices around life support or resuscitation. These details must be clearly outlined in the directive to avoid confusion during critical medical moments.

Choosing a trusted healthcare proxy

Selecting the right healthcare proxy is essential for honoring cultural and religious values. A healthcare proxy, sometimes called a medical power of attorney, makes decisions when the individual cannot. This person should understand and respect the individual’s beliefs and be willing to advocate for those preferences. Clear communication with the chosen proxy ensures they can prepare to act in alignment with the directive.

Including specific instructions

Healthcare directives should include clear instructions about treatments to accept or refuse. For example, individuals may request prayers, last rites, or specific dietary needs during care. Including these instructions removes uncertainty for medical providers and family members. Religious or cultural leaders can often help draft this portion of the directive to ensure it aligns with established practices.

Consulting with legal and medical professionals

In Pennsylvania, state laws govern the creation and enforcement of healthcare directives. Consulting an attorney ensures the directive complies with legal requirements, such as proper signatures and witnesses. Medical professionals can offer guidance on how specific treatments align with religious or cultural beliefs. By working with both legal and medical experts, individuals can create a directive that respects their values and meets state regulations. Healthcare directives should be easily accessible to family, healthcare proxies, and providers. They should also be reviewed regularly to account for changes in beliefs, health, or laws. Properly maintained directives ensure that religious and cultural preferences remain central to care.

Managing the holidays during a divorce or custody dispute?

2024-11-22T17:11:08Z

The holiday season brings extra challenges if you are in the middle of a divorce or custody dispute. Emotions often run high, and the stress of family gatherings and custody exchanges can easily lead to arguments. However, using a few practical strategies can help reduce tension and create more peace of mind during this time.

Avoid arguments by setting boundaries:

Interactions with the other parent/spouse during the holidays can feel like a minefield. To avoid unnecessary conflict, set clear boundaries about what you will and will not discuss. . Steer clear of topics that might provoke arguments, especially regarding your divorce and custody dispute. Communicate your boundaries to family members ahead of time so everyone understands and respects them. If discussions become heated, step away from the situation.

Make time for yourself:

The holidays can drain you emotionally, especially when involved in a divorce or custody dispute. Set aside time for self-care and activities that bring comfort. Whether you go for a walk, read a book, or spend time with supportive friends, make mental health a priority. By focusing on self-care, you can better handle the difficult emotions that often arise during this time.

Create new traditions:

Divorce often leads to major changes in your usual holiday routine. Instead of focusing on what is lost, start new traditions that bring joy. This could mean planning an outing, trying a new recipe, or celebrating with close friends. Finding new ways to create happiness during this season can help foster stability and optimism for the future. Managing the holidays while in the middle of a divorce or custody dispute presents many challenges, but it also offers a chance for reflection and growth. Embrace change, focus on what brings peace and comfort to make this season more manageable and develop a path towards a brighter future.

Understanding causation in medical malpractice

2024-07-19T14:14:46Z

In Pennsylvania medical malpractice lawsuits, proving causation is necessary. Causation means showing that a healthcare provider's negligence directly caused the patient's injury. Without establishing causation, an injured party cannot succeed in a malpractice claim, even if the healthcare provider was negligent.

Establishing duty and breach

First, the injured party must establish that the healthcare provider owed them a duty of care. This means the provider was responsible for treating the patient with a standard level of skill and care. Once duty is established, the next step is to prove that the provider breached this duty. A breach occurs when the provider fails to meet the standard of care. This means they acted in a way that a competent provider would not have under similar circumstances.

Proving direct causation

Proving direct causation involves showing a clear link between the provider's breach of duty and the injury sustained. The injured party must demonstrate that the injury would not have occurred but for the provider's negligence. This often requires expert testimony from medical professionals who can explain how the breach directly led to the harm.

The role of expert witnesses

Expert witnesses play an important role in medical malpractice cases. These experts analyze medical records and provide opinions on whether the provider's actions fell below the standard of care. They also explain how the breach caused the patient's injury. Expert testimony is often necessary to establish causation, as medical issues can be complex and beyond the understanding of a typical juror.

Overcoming defenses

Healthcare providers may argue that other factors, such as pre-existing conditions or the patient's own actions, caused the injury. The injured party must present strong evidence to counter these defenses and prove that the provider's negligence was the primary cause of harm. This often involves detailed medical records, expert opinions, and sometimes additional witnesses.

Seeking legal help

Proving causation in Pennsylvania medical malpractice lawsuits requires thorough preparation and expert testimony. Injured parties should seek experienced legal counsel to navigate the complexities of their case and build a strong argument for causation. This ensures they have the best chance of obtaining the compensation they deserve for their injuries.