Yearly Archives: 2017

Shared Custody In Pennsylvania

Posted on October 16 2017 by Todd Spivak and Rebecca Canterbury

In the past, divorce decrees offered children visits with their father every other weekend. But these visits were hardly enough to foster a father-child relationship.

Children who spend at least 35 percent of their time with each parent, rather than live with one and visit the other, have better relationships with their parents and do better academically, socially, and psychologically, according to more than 50 studies of joint physical custody.

Under Pennsylvania law, mothers and fathers may pursue shared custody schedules that allow for equal time with their children.

Spivak Law Firm helps parents assert their child-custody rights in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County.

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

5 Tips For PFA Defendants

Posted on October 16 2017 by Todd Spivak and Rebecca Canterbury

If you have been served a Protection From Abuse (PFA) Order, you must adhere to each of the stipulations. Violating a PFA can result in serious criminal penalties.

Here are 5 tips for PFA defendants to avoid violations:

Do not contact the plaintiff in any way.
Avoid all places where you know the plaintiff goes.
Do not drive past the plaintiff’s residence.
Do not attempt to contact the plaintiff through their friends or family.
Retain an experienced PFA defense attorney.

Spivak Law Firm provides aggressive representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.

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

How to Calculate Alimony in Pennsylvania

Posted on October 10 2017 by Todd Spivak and Rebecca Canterbury

Unlike child support and even spousal support during the marriage, Pennsylvania law does not provide any formula for determining an alimony award.

After a divorce decree has been entered, the lower-earning spouse may be entitled to continued financial support in the form of alimony.

Courts generally award alimony only if the division of the marital estate is not sufficient to help the dependent spouse.

Alimony is based on the financial need of the dependent spouse and the length of the parties’ marriage.

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

Helping Kids With Stress

Posted on October 9 2017 by Todd Spivak and Rebecca Canterbury

The standard response for problem children is to punish them. However, new studies show that making sure everyone in the school community understands the effects of trauma on children can help reduce their damaging effects.

Children who lack adequate protection from adults can experience potentially damaging effects. Researchers have learned that highly stressful childhood experiences have far-reaching implications for schools.

With this knowledge, schools can offer children special services that cater to their individual needs.

Spivak Law Firm handles all areas of family law with a focus on high-conflict child custody and allegations of domestic abuse. We handle: child custody, child support, divorce, spousal support, Protection From Abuse (PFA), and Children Youth and Families (CYF).

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.

Protecting Kids In Divorce

Posted on October 9 2017 by Todd Spivak and Rebecca Canterbury

The divorce process can be enormously difficult when children are involved.

A study by researchers at the University of York found that children of divorced parents are more damaged by the fighting during the marriage than the split itself. This inter-parental conflict may be harmful to a child’s development, making them more likely to have difficulty with peers, drop out of school and experience emotional problems.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, Protection From Abuse (PFA), and Children Youth and Families (CYF). 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 Support: Earning Capacity

Posted on October 3 2017 by Todd Spivak and Rebecca Canterbury

Q: Do I still have to pay child support if I’m unemployed?

A: Maybe. If a parent has no income, but is capable of working, the court can order child support based on that parent’s earning capacity. In this situation, the court may estimate what the unemployed parent could earn given his or her education, skills and prior employment history.

Other factors involve the child-custody arrangement and each parent’s expenses relative to their income levels.

Domestic Violence and Guns

Posted on October 3 2017 by Todd Spivak and Rebecca Canterbury

While misdemeanor charges may seem less serious than felony charges, both can hold similar consequences.

Under Pennsylvania law, if you have been convicted of a felony, you are prohibited from possessing a firearm or ammunition.

Moreover, you are permanently stripped of gun ownership if convicted of a misdemeanor involving domestic violence. This is true even if the incident did not involve firearms.

Spivak Law Firm provides strong, aggressive defense in all PFA and criminal domestic violence cases. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody: Sharing Time

Posted on October 2 2017 by Todd Spivak and Rebecca Canterbury

In the past, sole custody was usually given to the mother because of society’s ideas about gender roles. However, in today’s world, with the image of the mother as primary caregiver changing as more fathers take on active roles in child-raising, other kinds of custody arrangements have emerged.

To date, more than 25 states have introduced bills advocating for shared parenting over sole custody.

Proponents of shared parenting argue that it allows children to spend as close to equal time as possible with both parents without placing an overwhelming burden on the mother or alienating the father.

Spivak Law Firm handles all areas of family law, including: child custody, child support, divorce, spousal support, and Protection From Abuse (PFA). To speak with an experienced child-custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Expungements in Pennsylvania

Posted on October 2 2017 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, your criminal record may be expunged if you meet certain criteria. An expungement can help you avoid the stigma associated with having a criminal record.

A criminal record can hurt your future by:

Costing you a job opportunity;
Denying you a bank or government loan
Disqualifying you from receiving a professional license; and
Restricting your ability to join certain organizations

At Spivak Law Firm, we aim to erase your criminal record so you can move on with your life. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Assault in Pennsylvania

Posted on October 2 2017 by Todd Spivak and Rebecca Canterbury

Q: Can I be convicted of assault even if I never laid a finger on anyone?

A: Yes.

Under Pennsylvania Law, assault consists of intentionally or knowingly causing physical harm to another person or attempting to do so, which puts the other person in fear of immediate bodily harm. Thus, you do not need to physically hit another person to be charged with assault.

Simple assault is a misdemeanor charge that may result in incarceration. Aggravated assault, which involves use of a deadly weapon or results in permanent bodily injury, is a felony charge that carries stiffer penalties.

At Spivak Law Firm, we strongly defend people charged with committing violent crimes such as assault. To have an experienced attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.