Julie Auerbach will speak at the Second Saturday Divorce Workshop . Below is a description of the event.  The date has been set for 3/24 from 6-8pm.  Below is the registration link to pass on to prospects, peers, and anyone else.  The attendees will receive the zoom link once they register. Contemplating or Going Through a Divorce? What You Need to Know Divorce is a whirlwind, but it doesn’t have to capsize your life! The Second Saturday Divorce workshop is designed to equip you with the legal, financial, and emotional information you need to make the right decision for your marriage and your life. REGISTER

David Gutin and Julie Auerbach quoted in article: Link to article: https://www.jewishexponent.com/2020/08/13/family-law-gets-complicated-in-a-crisis/ Stephanie Winegrad has gotten a lot of calls about divorce during the pandemic. “Generally, I found there was an increase in people who wanted to get divorced and also people who were in the middle of divorce who said, ‘I want this done. I want it over,’” said Winegrad, a partner at Obermayer Rebmann Maxwell & Hippel LLP. Spending more time at home has pushed some relationships to the breaking point, but many Jewish family lawyers say increased interest in separation has not yet translated to a higher divorce rate.  Get Jewish Exponent’s Newsletter by email and never miss our top storiesWe do not share data with third party vendors.FREE SIGN UP In the five-county area, court closures have made divorce, custody and other aspects of family law a lot more complicated.  David Ladov, chair of the Family Law Department at Obermayer Rebmann Maxwell & Hippel LLP| Courtesy of David Ladov “Nothing was open for months,” said David Ladov, partner and chair of the Family Law Department at Obermayer Rebmann.  The instability of the economic and public health crises also has made clients hesitant to act.  “There’s been an uptick in phone calls with people looking for information, but I’m not sure people want to do anything right now because there’s so much uncertainty,” said David Gutin, partner at Astor Weiss Kaplan & Mandel, LLP. “For people who are together, barring domestic violence, it’s safer not to rock the boat.” For people who were already in the process of getting divorced when the pandemic hit, court meetings have gone virtual.  Cynthia Weiss Stein, partner at Shemtob Draganosky Taylor, P.C. | Courtesy of Cynthia Weiss Stein “We’re having a lot of pretrial conferences that used to be done in person often being done by appointment on the telephone,” said Cynthia Weiss Stein, partner at Shemtob Draganosky Taylor, P.C. Many of the county courts are now in the reopening process after spring shutdowns. The Pennsylvania Supreme Court ordered courts to close to the public on March 18, but each county court is allowed to determine its own reopening schedule. “The logistics are very different county to county because of the physical aspects of the courthouse. So, I mean, for example, Philadelphia Family Court is basically like a high-rise city building. And so elevators present a real challenge,” Stein said. As a result, some courts are more open for in-person proceedings than others.  “Chester County and Bucks County have been open for about two months. But the other counties are not as open. You can’t just walk in the ]Philadelphia Family Court],” Ladov said. Even when most courts were shut down in March and April, one notable exception to remote activity was domestic abuse. “The courts have remained open for domestic abuse cases,” Ladov said. “There was probably a month or so where those weren’t heard, but most of the courts heard them as quickly as they could.”  Shana Weiner is the founder of Dinah, an organization that provides legal services to Jewish survivors of domestic abuse in the Greater Philadelphia area. She said domestic abuse has increased during the pandemic, according to data from Pennsylvania Coalition Against Domestic Violence. Increased time at home and the closure of public spaces has made it more difficult for victims to seek help.  “People can’t actually get help because survivors don’t have the same opportunities to be out of the house that they would otherwise have,” she said. Weiner said that Dinah has always operated remotely, but is struggling to find enough pro bono attorneys to volunteer during the economic crisis.  “That’s actually where we’ve been hit the hardest is that attorneys right now, who would otherwise be very eager to volunteer and recognize what an important service and mitzvah we’re doing for the Jewish community, they’ve been hit on their own and can’t necessarily afford to spend the time to take on a volunteer case,” she said.  Concerns about the virus have changed the way couples who are already separated think about custody agreements. “We had a number of situations where one of the parents was a health care worker and the other parent was taking advantage of the situation, and basically said, ‘You’re not seeing the kids,’” Ladov said.  According to Julie Auerbach, partner at Astor Weiss, most county courts did not accept potential exposure to COVID-19 or stay-at-home orders as an excuse to alter custody agreements, and Gov. Tom Wolf designated custodyexchanges essential.  “Courts didn’t penalize health care workers on the front lines trying to save lives,” she said.  Winegrad said the pandemic has led some of her clients to be more flexible about their time with their kids, especially if one is an essential worker who can’t provide child care during the week. “The couples who have worked together seem to be creative and doing what’s best for the children in this current situation. They are coming up with schedules that work for their family.”  spanzer@jewishexponent.com; 215-832-8917

ASTOR WEISS KAPLAN & MANDEL, LLP is pleased to announce that Julie A. Auerbach has been named a Fellow of the American Academy of Matrimonial Lawyers (AAML).  Comprised of the top  matrimonial attorneys throughout the nation, AAML members are recognized as preeminent family law practitioners with the highest levels of knowledge, skill, and integrity.  In order to be elected, each Fellow must successfully complete a rigorous selection process that includes interviews, examinations, and professional and judicial evaluations. Julie A. Auerbach has been practicing primarily in the area of family law since she graduated from Rutgers School of Law – Camden in 1992.  She has written extensively and lectured on a variety of family law related topics throughout her career.  She is a member of the Pennsylvania Bar Association – Family Law Section and the Delaware County Bar Association.             ASTOR WEISS KAPLAN & MANDEL LLP was founded over 60 years ago and as a mid-sized firm it maintains personalized relationships with its clients.  ASTOR WEISS KAPLAN & MANDEL offers client services in the areas of  family law, personal injury, banking, real estate, shopping centers, business and estates.

States around the country are drawing the line between permissible and excessive corporal punishment in different places. Regardless of where that line is drawn, in high-conflict custody cases, there is always a danger that one parent could accuse the other of child abuse to try to get a leg up in litigation. In highly contentious custody cases, family lawyers should advise their clients to be mindful of their use of corporal punishment, since it makes them vulnerable to allegations of abuse. By Julie A. Auerbach, Family Lawyer Historically, corporal punishment has been common practice in child-rearing. Many parents find it to be an effective and acceptable form of discipline. Corporal punishment by parents and other caregivers is legal throughout the country. Corporal punishment in schools is still permissible in many states. But the tide has slowly changed and more and more parents are moving away from corporal punishment. As different views on the efficacy and appropriateness of corporal punishment further develop, disputes on the use of it reach the courts with more and more frequency. When parents are separated and in conflict with one another, there is a greater danger that one parent could be accused by the other parent of misuse or misapplication of corporal punishment. Family law lawyers should be mindful of this changing attitude and advise their clients accordingly. While corporal punishment is permissible throughout the country, its use is not without restriction. Most states have statutes preserving the right of parents to use corporal punishment, while other states preserve this right through decisional law. But the punishment must be reasonable and not result in serious harm to the child. Distinguishing between reasonable use of corporal punishment and excessive corporal punishment that rises to the level of child abuse is a regular challenge facing our courts. Excessive corporal punishment can arise in several areas of law: criminal, child dependency, and protection from abuse. States do not necessarily define abuse the same in all of these areas of law, i.e., what may constitute abuse under a protection from abuse statute may not constitute abuse under a criminal statute. A parent’s use of corporal punishment may not result in criminal charges – but it could result in the entry of a protection from abuse order against a parent or a loss of parental rights. States Draw the Line Between Corporal Punishment and Child Abuse in Different Places Further, in each of these areas of law – criminal, dependency and protection from abuse – states around the country have drawn the line between permissible and excessive corporal punishment in different places. In the criminal context, the Massachusetts case of Commonwealth v. Dorvil, 32 N.E. 3d 861, 472 Mass 1 (2015) identified three approaches taken in setting the line between corporal punishment and child abuse. The first approach is whether the use of corporal punishment is reasonable. Indiana adopted this approach and identified several factors to be considered when applying this standard, such as the nature of the offense and motive, influence of the example on other children in the family, whether the use of force is reasonable to compel obedience to a proper command, and whether it is unnecessarily degrading or likely to cause serious harm. See Willis v. State 888 N.E. 2d 177 (2008). The second approach is that there is a parental privilege to use corporal punishment but certain types of force are not permissible. For example, a Kentucky statute prohibits corporal punishment which is “designed to cause or known to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress.” Ky. Rev. Stat. Ann. Section 503.110. The third approach combines the first two approaches, providing that the use of corporal punishment must be reasonable and certain forms of corporal punishment are not permissible. By way of illustration, the Delaware criminal code provides for justification of use of force against children to prevent or punish misconduct. The size, age, condition of the child, location of the force, strength, and duration of the force are all factors used in determining if the force is reasonable and moderate. It then goes on to list a number of types of force that are not authorized – throwing, kicking, burning, cutting, striking with a close fist and interfering with breathing. In the Utah case of Bountiful City v Blaize, 438 P.3d 1041 (2019), the court applied the third approach. The father was convicted of a misdemeanor of child abuse for spanking his four-year-old child and leaving a bruise in the shape of a handprint. The court found that the discipline used by the father was too hard even though the father acted with good faith intent. In dependency cases, while the remedies are different from criminal cases, courts will often look to their state’s criminal statutes for guidance in determining whether abuse has occurred. In the Pennsylvania case of J.S. v. Department of Human Services, 221 A.3d 333 (2019), the father made the decision to use corporal punishment as a means of disciplining his four-year-old son by smacking him on his buttocks. To make sure he did not hit the child too hard, the father first smacked his own leg multiple times. He then hit the child four times on his buttocks. The court held that when corporal punishment is involved, the test is not whether substantial pain was caused. Protecting Children from Abuse vs. Maintaining Parents’ Rights to use Corporal Punishment By definition, corporal punishment causes pain. Instead, the test is whether reasonable force was used in administering corporal punishment. The analysis should focus on the parent’s conduct rather than the result. Citing to the Pennsylvania Supreme Court case P.R. v Department of Public Welfare, 569 Pa. 123, 801 A.2d 478 (2002), the Court noted that there is a need to balance the competing objectives of protecting a child from abuse while maintaining a parent’s right to use corporal punishment. To determine whether reasonable force was used, a court should look to the standard of criminal negligence, which requires proof that a substantial and unjustifiable risk of bodily injury was disregarded. The focus of the inquiry is not the nature of the injury, but the conduct of the parent or guardian, considered under the totality of the circumstances. In the California dependency case of Gonzalez v. Santa Clara County Department of Social Services, 223 Cal. App. 4th 72 (2014), a mother hit her child with a spoon. The court noted the parental privilege to use corporal punishment as provided for in the criminal statutes when deciding whether the mother’s actions amounted to abuse. It looked at her motive in using the discipline; was it a reasonable occasion to use discipline and was the discipline reasonable in light of the behavior of the child. Since the mother was not necessarily aware that bruising could occur, the fact that bruising appeared is not evidence that the discipline was unreasonable. The Definition of and Remedy for Child Abuse Depends on the State Other cases look squarely at the definition of abuse as set forth in their state’s dependency statutes. New York courts have held that a single use of excessive corporal punishment is enough to find abuse in the context of dependency proceedings. See Matter of Jeremiah J., 177 A.D. 3d 740 (2019) (New York) andSmith v. Murphy 517 S.W. 3d 453 (2017). But see the New Jersey Supreme court case of New Jersey Div. of Youth and Family Services, 11 A.3d 844 (2011), which held that occasional slaps on 16-year-old’s face did not constitute excessive corporal punishment. The New Jersey court noted that these cases were very fact-specific and what might constitute excessive corporal against a small child may not be considered excessive corporal punishment against an older child. While the court did not endorse the use of corporal punishment, it found that the punishment did not result in any bruises, scars or lacerations. It went on to note that there is a need for some parental autonomy in child-rearing which may involve the need for physical discipline. States’ protection from domestic violence statutes have their own definition of child abuse and have different remedies from criminal cases and dependency cases. In an Arkansas protection from abuse case, Smith v. Murphy, 517 S.W. 3d 453, one instance of the father’s use of a leather belt to punish his 4-year-old child was sufficient evidence to support the entry of an order of protection against the father for 5 years. The injuries caused by the father’s use of the belt spanned from the child’s upper back to his knee and caused some bruising and mental anxiety. The court rejected the father’s argument that the court should look to the state’s criminal cases and juvenile code when deciding whether abuse had occurred. But see the Florida case of G.C. v. R.S. and K.C, 71 So.3d 164 (2011), which held that a parent’s common law right to use reasonable corporal discipline is a defense to a petition for an injunction against domestic violence, even though the domestic violence statute does not reference this common law right. Use of Corporal Punishment Makes Parents Vulnerable to Accusations of Child Abuse The different approaches taken by each state in these areas of law illustrates the vulnerability of parents who use corporal punishment. Separated or divorced parents who have acrimonious relationships with the other parent are even more vulnerable. Family law attorneys should advise their clients to be mindful of their use of corporal punishment in today’s environment of heightened sensitivity to child abuse. Julie A. Auerbach, a partner at Astor Weiss Kaplan & Mandel, focuses her practice in the area of family law. She has written and lectured extensively on the subject of family law, custody, and child abuse  – including “Defending a Protection from Abuse Case Involving Children” for the Legal Intelligencer.  www.astorweiss.com

As a matter of public policy, courts want to encourage the involvement of third parties when either or both parents are unable to care for their children. For this reason, courts have historically been disinclined to impose support obligations on third parties. By Julie A. Auerbach | December 30, 2019 at 12:09 PM Read article

To address some of the problems which have arisen for children of parents with opioid addictions, Pennsylvania has expanded the rights of third parties to seek custody of a child. Opioid addictions, unfortunately, are becoming even more prevalent in today’s society. While opioids are intended for pain relief, they are also highly addictive. As the usage of opioids increases, a 14 panel drug test can be utilized on people to determine whether they have fallen into the trap of addiction. Unfortunately, when this involves a child, strict decisions on custody have to be made. When there is not a parent available to care for a child, any individual who is willing to assume responsibility for a child and has a sustained, substantial and sincere interest in the welfare of the child may now seek custody of the child. The prior law had strict requirements which had to be met for an individual to seek custody of a child. This change gives interested parties, such as neighbors or adult siblings, the opportunity to step in to care for a child before a child is placed into the state dependency system. The new law also modifies the circumstances when a grandparent can seek periods of custody of a child. The prior law had come under the scrutiny of the Pennsylvania Supreme Court and parts of that law were declared unconstitutional. In an effort to resolve the concerns of the Pennsylvania Supreme Court, the statute now provides that when a custody action is filed by either parent, and the grandparent’s relationship with the child began with the consent of either parent, the grandparent has the right to seek periods of custody with the child. If you would like further information about these changes and how they may impact your rights with regard to a child, please contact the family law attorneys at AWKM.

Attorney Julie Auerbach was interviewed yesterday on “The American Law Journal” presents “The Problem with Joint Legal Custody: When Household Rules Differ” . The Problem With Joint Legal Custody On Monday’s ‘The American Law Journal’ The Legal Intelligencer March 31, 2017 “Today courts are leaning more towards 50/50,” says family law practitioner Julie Auerbach. But are judges equipped to handle what divorced couples argue most about when raising kids these days? Tonight at 7 p.m. on the Philadelphia CNN-News affiliate WFMZ-TV, “The American Law Journal” presents, “The Problems With Joint Legal Custody: When Household Rules Differ.” Christopher Naughton welcomes family law practitioners Donald F. Spry II of King, Spry, Herman, Freund & Faul; David Ladov of Obermayer Rebmann Maxwell & Hippel; and Mary Vidas of Blank Rome. Joining the discussion is author and director for the Center for Couples and Family Solutions, Dr. Debra Castaldo. The program examines the most difficult challenges facing divorced parents that were rare or unheard of a generation ago: cellphone/internet discipline, homeschooling, passports and air travel for kids, corporal punishment and “meeting dad’s girlfriend” for the first time. In an opening feature report, The American Lawyer executive editor Gina Passarella interviews family law attorneys Lynne Gold-Bikin of Weber Gallagher Simpson Stapleton Fires & Newby, Julia Swain of Fox Rothschild, Auerbach of Astor Weiss Kaplan & Mandel and solo practitioner Lee Schwartz. “The American Law Journal” is the recent winner of two mid-Atlantic Emmy Awards for 2016. All programs are available at www.LawJournalTV.com.  

Hidden assets – this is a problem in divorce and support cases, tax avoidance, corporate liability and debt collection.  The holding of “off-shore” accounts may be used to subvert family law obligations, judgments and legitimate tax obligations. Some lawyers work to help clients with what they call “asset protection,” which means the creation of trusts and shell companies and the like.  The recent revelations of the Panama Papers, and transfer of operations and funds by large corporations to friendly countries overseas, have raised ethical and other questions in the media, and raised the public’s awareness. What happens when someone has cash income, whether from a legal business or illegal activities, and parks it in an account in a Caribbean bank?  Perhaps they get a credit card payable from that account.  How can a litigant discover these assets? We have experience at finding ways to help.  Let’s discuss the problem together. David I. Grunfeld

Pennsylvania has a strong law protecting people from physical abuse.  Generally speaking, persons eligible for relief are family and household members, sexual or intimate partners, and siblings. Covered acts of abuse are causing bodily injury, sexual assault, false imprisonment, physical abuse of minor children, as well as placing someone in imminent fear of any of those acts. Complaints can be filed with county courts of common pleas or district justice magistrates.  Temporary orders can be obtained, and final orders issued after trial.  Remedies include stay-away orders, eviction from common residences, reimbursement for monetary losses such as medical bills, wages, and property damage, turnover of weapons, and counsel fees.  Orders can be effective for up to three years. Violators of orders can be held in contempt and fined and/or imprisoned.  The courts take these acts seriously and we can provide counsel and representation in these matters. David I. Grunfeld

KNOW YOUR LEGAL CUSTODY RIGHTS Parents whose children do not reside primarily with them retain, nonetheless, an equal say in major decisions affecting the children. Pennsylvania has two forms of child custody: legal custody and physical custody. Physical custody is defined as the actual physical possession and control of the child. Legal custody is defined as the right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions. Physical custody can be divided between parents in any number of ways. But legal custody is typically shared equally between parents. While it is often harder for parents whose children do not reside primarily with them to exercise their legal custody rights, effective strategies are available that would aid these parents in securing an active role in major decisions affecting the children . Doctors, teachers, mental health professionals and other individuals who are in contact with your children often lack a clear understanding of the legal rights of divorced or separated parents. Divorced or separated parents need, in effect, to educate these third parties by informing them that both parents have the same rights and are entitled to the same information. For example, if a parent is having difficulty obtaining information from a child‘s school, the school should be given a copy of the custody order which sets forth the legal custody rights of both parents. School officials may not be sure to whom to release information, but a custody order will conclusively resolve any such confusion. Next, parents should not rely upon the other parent to provide them with school information. Both parents should obtain the information directly from the school. Similarly, parents should not rely upon the other parent to provide them with medical or mental health treatment information. Parents should be proactive in obtaining this information directly from the provider. Advising the school or medical provider of the parent’s interest and involvement with the children will likely facilitate the school or medical provider’s effort to ensure that both parents are kept informed of any developments involving their children. It is not uncommon for a therapist or a counselor to treat a child without the permission or knowledge of both parents, even though such unilateral treatment violates the treating professional’s code of professional responsibility. If parents learn that their children are in treatment by mental health professionals, they should immediately inform the therapist or counselor to suspend the treatment or, alternatively, if they have no objections, that the provider share treatment and progress information with both parents, not just with the parent whom initiated the treatment. Finally, regular communication between parents regarding medical, educational and religious decisions will also increase both parents’ abilities to exercise their legal custody rights. Parents often avoid communication with one another out of mutual animosity, which only serves to impede one, or both parents participation in major decisions affecting their children. It is also advisable that parents not wait until the other parent reaches a major decision before raising an objection. . Both parents should take an active role in discussing and reaching major decisions for their children from the outset. Parents often complain that the other parent interferes with, or prevents them, from exercising their legal custody rights. Courts are sensitive to this issue. If there is a demonstrated pattern of one parent obstructing the legal custody rights of the other parent, or if one parent uses his or her legal custody rights to prevent a child from receiving necessary treatment or educational assistance, a court can take away or limit one parent’s legal custody rights. For example, if a parent refuses to place a child in counseling despite a demonstrated need, the court could limit or suspend altogether the legal custody of that parent regarding mental health issues, and give the other parent sole or primary legal custody in that area. Being mindful of your rights as parents and being proactive in the above ways will assist divorced or separated parents in playing an active role in the major decisions affecting their children.

A common concern when a couple uses a woman as a surrogate to carry their child is that the surrogate will become attached to the child she is carrying and fight to retain custody of the child.  In a recent Pennsylvania Superior Court case, the opposite occurred. The woman who used a surrogate to become a mother tried to disavow herself of any responsibility for the child.  (more…)

Disputes between parents often arise over the division of holidays.  Having a set holiday schedule eliminates these disputes and allows each parent to enjoy the holiday time they have with their children. Courts typically alternate many holidays from year to year between parents.  Certain holidays, such as Christmas, Thanksgiving, and Easter, however,  are divided every year between parents. (more…)

When children go back to school, many child custody disputes can arise between parents. Access to school records, back to school night, parent teacher conferences, and report cards can all become subjects of dispute between parents. Parents may also have disputes over which school district the children should be enrolled in or should the children go to a public school, a private school or a parochial school. Understanding the rights and obligations of parents will assist them in addressing these issues and reaching agreements, which is why Astor Weiss Kaplan & Mandel, LLP encourages parents to contact a family lawyer for child custody assistance. (more…)

Once school is out and summertime rolls around, a whole new set of issues and areas of conflict can arise between separated parents. Separated parents need to agree upon a schedule of activities, vacations, and child care for their children. If necessary, courts can resolve these issues if agreements cannot be reached. But it is always better for the parents and the children if they can resolve these custody and support issues with the help of a lawyer and without court intervention. (more…)

Divorce lawyers at the Philadelphia law firm, Astor Weiss Kaplan & Mandel, LLP, serve clients in the Philadelphia metropolitan area and in the state of New Jersey. In recent months, the state of New Jersey enacted significant changes to their alimony laws. Prior to the enactment of the changes, New Jersey couples married for ten years or more had some predictability in what they could expect to receive and to pay in alimony if ever faced with a divorce. Permanent alimony was traditionally granted in those cases. (more…)

As discussed in our other article, Mediation and Family Law: Advice from Our Lawyers in Philadelphia, mediation is a process whereby a third party facilitates a conversation between you and your spouse to aid you in reaching a resolution. Taking the court route can be an expensive endeavor, making mediation a great choice for those that want to avoid this process and potentially save on fees. Our family lawyers in Montgomery County understand the ins and outs of this process and would like to outline some of the benefits to mediation as a means of conflict resolution during a divorce.  (more…)

One of the hottest issues today in family law involves custody relocation cases. If you or your spouse wants to move out of the area, that is going to have an impact on the existing custody arrangement where you both see your children on some set schedule. Whether you are a mother or the father, relocating with your child to another state can be a quite difficult decision. However, it is critical that the decision made is in the child’s best interests and does not undermine the custody or visitation rights of the other parent. Parents who are seeking to move out to another state should first consider getting the help of an experienced family lawyer or a child custody attorney to ensure that legal requirements are met before the relocation. If you’re unfortunately going through a divorce and you’re looking to move away from your ex-partner, hiring a removal and storage company can relieve a lot of stress in moving everything about, companies such as JIT Removals and Storage are able to help you pack up and store your possessions, for other items you might wish to be shipped and relocated, such as your vehicle for instance, you’ll be wanting to look at different car shippers, that are able to fulfill your vehicle relocation request. Regardless of where you want to move to, from looking into something similar to buford south carolina real estate if South Carolina is your preferred choice, or even if you are thinking of moving to New York, as long as you go about it the right way and get the help you need to make this transition easier for you and the family, that’s all that matters. You want to make this as stressful free as possible, as going through a divorce can be tough. For the best advice, and the top family lawyers, visit our website www.astorweiss.com. (more…)

Family Law and Bankruptcy When a party to a family law case files bankruptcy, in general there is an automatic stay under federal law to all actions against the debtor or the debtor’s property. However, there are numerous family law exemptions to that stay provision.  All actions to establish and modify child support and alimony and paternity orders may proceed. This includes medical obligations and all obligations “in the nature of” support, such as a duty to pay liabilities and debts.  All actions to enforce payment may proceed, except as to assets of a debtor’s estate being administered by a bankruptcy trustee.  These would include wage attachment, reporting to credit bureaus, tax intercept and license suspension. Custody actions may also proceed without the need to apply to the bankruptcy court for relief from the automatic stay, as can protection from abuse actions, except for monetary relief, such as lost wages, property damage, counsel fees and medical expenses, which may not be sought. Divorce actions may proceed, but not equitable distribution, as to which relief from the automatic stay by motion is needed from the bankruptcy judge.  All family law obligations – support, alimony and property division, whether by agreement or court order – are non-dischargeable in bankruptcy, meaning that after a discharge is granted the obligations remain enforceable. Further, in a Chapter 13 wage-earner bankruptcy, support obligations are the number one priority and must be current before a discharge order can be entered.  The confluence of bankruptcy and family law can be murky sometimes.  See a lawyer familiar with both fields if a question arises.  We can help! By: David I. Grunfeld, Esquire

Hot Tips: Divorce and Estate Planning: Careful, Competent Lawyers Must Think of Everything! If you are separated and not yet divorced, what is it important for you to think about or know? Review your current Will and make changes to protect yourself. Do not wait until your divorce is final. Think about Trusts for your children who will probably be the beneficiaries. Who should be their Trustee? What ages can your children handle money? Think about your IRA beneficiaries, your 401K beneficiaries and other retirement plans. Consult an experienced lawyer before you change anything because sometimes you are not permitted to remove your spouse as beneficiary until the final divorce. Also be aware of insurance policies and beneficiaries. Do not make any changes before consulting an attorney. In short, be aware that separation and divorce are intertwined with your estate planning. By: Julie A. Auerbach

Fertility Contracts Legal issues can arise with assisted reproductive technology.  What happens if a married couple freezes embryos and later separates?  Who decides what happens to the frozen embroyos?  Does a sperm or egg donor have a child support obligation to the child born from this arrangement? What happens if a gestational carrier decides that she wants to keep the baby she is carrying for another person? These are just some of the legal issues which can arise when assisted reproductive technology is used by prospective parents to have a child.  There are ways to protect individuals from legal issues resulting from assisted reproductive technologies.  Parties using such technologies should enter into contracts setting forth the rights and responsibilities of the parties involved.  For example, when a married couple decides to freeze embroyos, they should first enter into an agreement with one another setting forth what happens to the embroyos in the event of the death of either party or the parties’ divorce. Surrogacy contracts should always be entered into when a surrogate is used to carry a child for another person or couple.  Similarly, egg and sperm donors should enter into contracts setting forth that they have no support obligation to the child born from their sperm or egg.  For more specific information, please feel free to contact one of our family law lawyers. By: Julie Auerbach

College Support Under the present law in Pennsylvania, neither parent has any legal obligation to pay for the college education of their children. This means that no court can order someone to pay for tuition, room, board, books or fees. Once a child has graduated from high school or turned 18, whichever comes later, the legal obligation to pay for any of that child’s expenses terminates. The only exception to this rule is when a child is disabled and unable to work and earn a living as a result of that disability. Even if the child is living at home while attending college, there will be no child support paid for that child. For many parents, when they learn that this is the law in Pennsylvania they are both surprised and frustrated. While this may be the law, the parties can agree to contribute to college expenses by way of a written agreement. If they enter into such an agreement, it will be enforced by our courts. In some cases, both parents would rather agree to share in this expense in order to be sure that the other parent will be obligated to do this as well. Where one parent has more income than another, they can agree to share this obligation in a disproportionate fashion based on their respective incomes. In some situations, even where a parent is willing to commit by contract to pay for college, they do not want to give their children or their spouses a blank check when it comes to this obligation. Agreements often provide that the obligation to pay for college will be limited to the cost charged by Pennsylvania State University for those expenses. Anything above and beyond that, would be purely voluntary on the part of the parent. We often recommend that parents not agree to pay for college in their marital settlement agreements where they have young children, since no one has a crystal ball as to what they will be able to afford down the road. In addition, where children have become estranged from their parents, possibly due to no fault of the parent they are estranged from, imposing an obligation on that parent to pay for the college education of the child that wants nothing to do with that parent may be something that a parent regrets down the road. Interestingly, each state is different with regard to college support. Parties living in the state of New Jersey can be forced to pay for college and, in some cases, even pay for graduate school for their children. While this is the case in a minority of states, any party contemplating divorce should educate themselves as to the state of the law in the jurisdiction where the divorce complaint may be filed insofar as this key issue is concerned.

Getting Married Soon? Do You Need or Want a Pre-Nuptial Agreement? In a society where a high percentage of marriages end in divorce, many more individuals are considering whether a pre-nuptial agreement should be signed before their weddings. It’s a good idea to consult with an attorney well before you set a wedding date to find out if such an agreement would be something you’d want to discuss with your fiancee. A pre-nuptial agreement can protect assets that you already own from being subject to any division with your spouse if your marriage later ends in divorce. The same applies to assets that you inherit both before and after your marriage. These agreements can simplify the way those assets you acquire while married will be divided if your marriage does end in divorce or even what will happen to those assets if one of you dies during your marriage. A pre-nuptial agreement can protect one party who invests a substantial sum into a marital home, assuring that party of getting their investment back if the marriage ends in divorce. It can also provide for whether one party will retain that home or whether it will be sold if the marriage ends due to divorce or death of one party. It’s important to think about whether you want a pre-nuptial or not, before the wedding. Hold back on getting the perfect dress for a little while, until you’ve decided if you want to take out this legal contract. Your dream dress will still be waiting for you after, and if it isn’t, you can just look for some Wedding Dresses in Charlotte options, or somewhere more local to you. Getting a pre-nuptial is vital for some couples, but those who aren’t sure will probably want to discuss it first before organizing anything for the wedding. A pre-nuptial agreement is also used to limit the amount of support of alimony that one party may have to pay to a spouse that they are separating from or divorcing. This can be especially important to someone who was previously married and who may be paying alimony or child support to a former spouse. Many other areas that often lead to disputes after the parties marry can be dealt with in a pre-nuptial agreement in such a way as to encourage greater harmony after the marriage has taken place. These agreements are not for everyone but you should seek to educate yourself to see if it would be a good idea for you. The time to do so is well before the wedding invitations are placed in the mail. By: David Gutin