Yearly Archives: 2016

4 Reasons to Modify Child Support

Posted on March 15 2016 by Todd Spivak and Rebecca Canterbury

Either parent may seek to modify a child support order at any time. The moving party will need to show a substantial change of circumstances occurred since the final order was entered by the court.

What constitutes a substantial change of circumstances?

Common examples include:

One parent gets more custody time
One parent gets a significant pay increase
One parent gets laid off from work
A child seeks to participate in a new extra-curricular activity

Do not voluntarily quit a job to avoid paying child support, as a court can assign an earning capacity based on past income levels.

To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Social Media

Posted on March 8 2016 by Todd Spivak and Rebecca Canterbury

Everyone has a friend or follower on social media known as the “over-sharer” who posts private information for everyone to see.

If you’re engaged in a child custody dispute, avoid being the “over-sharer.” Think twice about whether or not your next status update could negatively affect your case. What was once a venting session could become evidence that your ex-spouse’s attorney uses against you in Court. The same holds true with emails and texts.

To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Want a PFA? Just Ask.

Posted on March 7 2016 by Todd Spivak and Rebecca Canterbury

In Allegheny County, judges approve nearly all requests for Temporary Protection From Abuse (PFA) Orders.

Indeed, more than 90 percent of requests for a Temporary PFA are granted in all counties surrounding Pittsburgh, including: Allegheny, Beaver, Butler, Washington, and Westmoreland.

But recent reports show that a whopping 44 percent of PFA petitions were denied by judges in York County, located in South Central Pennsylvania. Public meetings have been scheduled in York County to address the disparities.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings. For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania Child Custody Laws

Posted on February 23 2016 by Todd Spivak and Rebecca Canterbury

People commonly believe that courts favor mothers over fathers when determining child custody schedules. But Pennsylvania law does not give special preference to mothers over fathers.

In fact, many judges today believe that the ideal custody arrangement provides for an equally shared schedule in order to maximize the child’s time with both parents. The results in any child-custody dispute depend on the particular facts and circumstances of the case.

At Spivak Law Firm, we handle all child-custody matters, including: trials, conciliations, relocation hearings, and contempt actions. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Are PFA Hearings Fair?

Posted on February 15 2016 by Todd Spivak and Rebecca Canterbury

If you’re a victim of domestic abuse, you can get a Temporary Protection From Abuse (PFA) Order against your abuser simply by telling your situation to a judge at an ex parte hearing. The alleged abuser receives no notice and may not attend the hearing.

Is this fair?

For true victims of domestic abuse, an ex parte hearing is often necessary to escape a violent relationship. But it is commonly known among family law professionals that many people abuse the PFA system just to gain leverage in child custody and divorce.

To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

4 Goals At Preliminary Hearings

Posted on February 9 2016 by Todd Spivak and Rebecca Canterbury

If you’re criminally charged with a misdemeanor of felony, you should have an experienced criminal defense attorney at your preliminary hearing. Here’s why:

First, there is an opportunity to resolve your entire case at the preliminary hearing. For instance, if you’re charged with a domestic-violence crime such as assault, harassment, or terroristic threats, your attorney may be able to reach a deal for dismissal of all charges upon completion of anger management classes.

Second, your attorney may be able strike a deal to drop certain charges in exchange for waiving the preliminary hearing.

Third, your attorney can cross-examine witnesses at the preliminary hearing to undermine their credibility and possibly get the charges against you dismissed.

Fourth, your attorney can cross-examine witnesses to create a record for trial.

Spivak Law Firm provides strong, aggressive representation at preliminary hearings. To schedule a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.

Calculating Child Support in Pennsylvania

Posted on February 1 2016 by Todd Spivak and Rebecca Canterbury

Q: How do courts calculate child support?

A: Courts follow support guidelines created by the Pennsylvania Legislature when determining a child support order. Under Pennsylvania law, both parents must continue to support their children even after a divorce. The obligation generally continues until the child turns 18 or graduates from high school, whichever happens last. In determining a child support obligation, courts consider the incomes or earning capacities of both parents. Statewide support guidelines establish a presumptive amount of support with the primary focus placed on income.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, spousal support, and PFAs. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce: Living Separately Under One Roof

Posted on February 1 2016 by Todd Spivak and Rebecca Canterbury

Given today’s economic realities, it is not at all uncommon for married couples to continue living together even after separating and heading toward divorce.

After all, many families struggle to keep up with their expenses in one household. Taking on a second mortgage or another monthly rental payment may not be an option.

Even if the parties still live together, it is possible to establish a date of separation for purposes of divorce so long as the parties:

Separate bank accounts. The parties should separate their finances by opening individual bank accounts.
Abstain from marital sex. The parties should no longer share a bedroom or bed.
Do not hold themselves out as married. The parties should refrain from describing themselves as a married couple to others in the community.

To schedule a consultation with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody In Cases Involving Rape

Posted on January 31 2016 by Todd Spivak and Rebecca Canterbury

Mothers of children conceived by rape can be forced to share custody of the child with their rapists. Many states allow courts to terminate the parental rights of rapists, but most of them require that the men first be convicted. However, less than one-fifth of rapes are even reported, and only about 5 percent of those result in convictions.

Last year, Congress passed the Rape Survivor Child Custody Act, which pledges money for states that pass laws denying parental rights to men if the mothers show in family court that they have been raped. In family court, the victims need only prove that the rape occurred by “clear and convincing” evidence – not the tougher “beyond a reasonable doubt” standard used in criminal courts.

Spivak Law Firm provides strong, compassionate representation in all family law and criminal defense matters. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Understanding Marital Property

Posted on January 26 2016 by Todd Spivak and Rebecca Canterbury

Q: I always drove the Toyota and my husband always drove the Ford. Both cars were bought during the marriage, but only my husband’s name is on the titles. Now that we’re getting a divorce, my husband says both cars belong to him. Is he right?

A: No. Under Pennsylvania law, virtually all property acquired by either spouse during the marriage is deemed marital property subject to equitable distribution by the court or through a marital settlement agreement. Thus, it does not matter that the cars are titled only in your husband’s name. The cars are marital property jointly owned by both spouses.

To speak with an experienced Allegheny County divorce attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.