Nesting, or bird-nesting, is a custody arrangement where the children remain in the home and the parents cycle in and out according to an agreed upon custody schedule.  An example would be one parent in the home on Monday and Tuesday, the other parent in the home on Wednesday and Thursday and with the parents alternating weekends. This arrangement necessarily requires there be a separate place for the non-custodial parent to live.  Some parents jointly rent an apartment or stay… Read More >

The American Academy of Matrimonial Lawyers (AAML) suggests the following Guidelines to be followed by divorced/separated parents who are sharing custody of children: Be Healthy – comply with all government guidelines Be Mindful – talk to your children honestly at an age appropriate level Be Compliant – follow your court/custody orders Be Creative – think about FaceTime or Skype to stay in touch Be Transparent – be honest with your co-parent about suspected exposure Be Generous – make reasonable accommodations… Read More >

We tend to minimize the importance of our first name. We have the right to simply adopt nicknames that we then use throughout our lives without a second thought.  For instance, my husband is Robert, but he is called Bob. But for transgender and non-binary persons, your first name goes to the very essence of your new identity.  Unfortunately, changing one’s name legally presents huge hurdles for many in this community. As Chair of the Pennsylvania Bar Association’s “Transgender Name… Read More >

An engagement ring is a “conditional gift” which is conditioned on there being a marriage.  If the wedding is canceled for any reason, the condition is not met and the ring is returned to the giver of the ring. But whose ring is it in the event the parties marry, but then later divorce?  The answer, as crazy as this may sound, depends on which side of the state you live in. The Courts in eastern Pennsylvania generally agree that… Read More >

There’s a car insurance commercial that tells you to buy only what you need.  Unbundled legal services are sort of like that…you buy only what you need and you pay for the service as you go. For example, if you want to represent yourself in a matter, but want to have me as your side-line consultant or coach, I can do that. If you want me to prepare your Support Complaint, but you then go to the support conference on… Read More >

We have been saddened to learn of the sudden, unexpected and tragic death of Kobe Bryant, his daughter and the other young families on the helicopter. It is because of the unexpectedness of death that the best gift you can give your family is to plan for just such an event with the preparation of estate documents. Everyone should have a Will, which is the document that provides for guardians for children and trustees to handle your financial assets.  The… Read More >

A “Family Law Attorney” is also sometimes called a “Divorce Lawyer” or a “Matrimonial or Domestic Relations Lawyer.” We help to create relationships or family units through the preparation of Pre-Marital Agreements and Cohabitation Agreements for unmarried folks. If things do not work out as had been hoped, then we help dissolve the family unit through the divorce process which includes custody, child and spousal support, alimony, valuation of assets including businesses, real estate and retirement plans, distribution of the… Read More >

The overriding goal of the Court is to find income available for support.  This means that there are business deductions that the IRS allows, but which are not deductible for support purposes. Depreciation is an allowable business deduction on your tax returns, but for support purposes, this deduction is almost always added back to income, because it is a fictional expense that does not require the business owner to actually pay for it.  By adding back the depreciation deduction, the… Read More >

Last week, I mentioned that interest income from non-marital property is used to calculate support. What other “income” is used to calculate support?  The law says income from any source is to be used in calculating support. If you are an employee, all of your income is considered including bonuses, commissions and overtime.  If you contribute to a 40lk, the amount of that contribution is added back to income.  If you receive employer perks such as a car or cell… Read More >

An inheritance and a gift from a third party intended as a gift to just one of you, are the two exceptions to the definition of marital property.  However, as with pre-marital property, the increase in value of the inheritance of the gift during the marriage is marital property. Also, all income generated from the non-marital property, is marital.  So, assume you inherit an investment account with $100,000, but the market is good and the account increases in value to… Read More >