Yearly Archives: 2020

PFA and Child Custody Tips

Posted on June 25 2020 by Todd Spivak and Rebecca Canterbury

If you’ve been served with a Protection From Abuse (PFA) order, you may be restricted from seeing your children. In some cases, the PFA will allow no contact. In other cases, the PFA will allow limited contact.

If your PFA allows for limited contact with your children, please be very careful to avoid any conflict or mention of the PFA at custody exchanges. If you engage in argument or attempt to discuss the PFA at the custody exchange, you are placing yourself at serious risk of arrest for violating the PFA. Even if you are permitted custody of the children while the PFA remains active, it may be safer to decline in order to avoid false accusations that you violated the order.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.

Divorce: Refinancing the Marital Residence

Posted on June 25 2020 by Todd Spivak and Rebecca Canterbury

The marital residence often represents the greatest asset in a divorce. Some people sell the home and divide any proceeds remaining from the sale. In other cases, a decision will be made for one of the spouses to remain at the property after the divorce is finalized.

If both spouses are listed on the mortgage, it will be necessary to refinance the loan. Under a refinance, the spouse who stays at the marital residence will become solely liable for the mortgage and all fees related to the property. The lending institution will approve the refinance in most cases involving a good credit history.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all divorce and family law matters. To schedule a consultation, call us today at (412) 344-4900 or toll free at (800) 545-9390.

Co-Parenting On Father’s Day

Posted on June 15 2020 by Todd Spivak and Rebecca Canterbury

This Father’s Day weekend, families are taking extra care to show Dad how much he is loved and appreciated.

But when parents reside in separate homes, coordinating plans for Father’s Day can lead to conflict.

Here are some tips for a smooth holiday weekend:

Work together to set a plan for the day.
Encourage the kids to enjoy time with their father.
Make the holiday about your children and plan an activity that is fun for the whole family.

Spivak Law Firm offers strong, compassionate representation in child custody matters. To schedule an appointment with an experienced family law attorney, call us at (412) 344-4900 or toll free at (800) 545-9390.

Divorce and Legal Separation

Posted on June 15 2020 by Todd Spivak and Rebecca Canterbury

Unlike many other states, Pennsylvania does not recognize legal separation.

But your date of separation may be highly relevant to your divorce.

Spouses who remain married for an extended period of time after separating may have legitimate disagreements about the contents of their marital estate.

If only one spouse wants a divorce and the parties have been separated for at least one year, a divorce may be granted so long as there is no dispute about the date of separation.

The one-year period begins at the date of separation, which may pre-date the filing of the divorce action.

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

Enforcing Child Support Orders

Posted on June 15 2020 by Todd Spivak and Rebecca Canterbury

The Pennsylvania Child Support Enforcement System (PACSES) is the statewide computer system used by the domestic relations section in each county.

PACSES maintains information related to child support payments, work history for each parents, and the history of the case.

Family court administrators use PACSES to monitor support payments and enforce support orders.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, and Protection From Abuse (PFA).

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

Bogus PFAs Turn Lives Upside Down

Posted on May 19 2020 by Todd Spivak and Rebecca Canterbury

In many Pennsylvania counties, judges grant more than 90 percent of requests for a Temporary Protection From Abuse (PFA) order.

Judges tend to err on the side of caution, figuring that a person seeking protection must need it. After all, it would be tragic if the person seeking protection wound up injured or worse after a judge denied the PFA.

But judges should also consider how their decision to grant the PFA will affect the accused. Every day, PFA orders evict people from their homes, restrict parents from their children, and threaten people’s jobs and reputations.

At Spivak Law Firm, we are dismayed by some of the PFAs granted by judges based on weak allegations.

For instance, in one recent case, the person seeking protection admitted in her petition that she had not seen or communicated with the accused for a year.

In another recent case, the person awarded protection told the judge that the defendant only communicated with her subliminally.

We were successful in getting both cases dismissed. But the PFAs never should have been granted because the plaintiffs were not in reasonable fear of imminent bodily injury.

They caused unnecessary emotional and financial stress in people who did nothing to warrant a PFA.

At Spivak Law Firm, we provide strong representation at PFA hearings. If you’ve been falsely accused of abuse, call (412) 344-4900 or toll free at (800) 545-9390.

Divorce: Dividing Marital Debts

Posted on May 19 2020 by Todd Spivak and Rebecca Canterbury

When dividing a marital estate, it is important to value all of the assets accumulated during the marriage.

It is equally important to value all of the debts, which may include mortgages, car loans and school loans.

Credit cards comprise the most common debt in most divorce cases.

For many people, separating the credit-card debt is key to reaching a resolution on economic claims. If possible, they may attempt to pay off all credit-card debt as part of the divorce settlement in order to get a fresh start in their new lives.

Spivak Law Firm provides smart, compassionate, cost-effective representation in all family-law matters, including: divorce, child custody, child support, spousal support, alimony and Protection From Abuse (PFA).

For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA and Domestic Abuse Amid Coronavirus

Posted on May 19 2020 by Todd Spivak and Rebecca Canterbury

“Mass shootings garner attention and frighten the public much more than episodes of domestic violence,” according to a recent article in The New York Times. “But domestic violence has a much higher death toll in the United States.”

Each year, some 900 women in the United States are murdered by their current or former intimate partners.

That single-year tally is more than nine times the number of people killed in jihadist attacks on American soil in the past decade.

At their most basic level, both mass terrorism and intimate terrorism of domestic violence are attempts to provoke fear and assert control. Many experts have expressed concern about the rise of domestic violence incidents during stay-at-home orders related to the coronavirus pandemic.

Spivak Law Firm handles all areas of family law and criminal defense with a focus on domestic abuse and child custody. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Travel Amid Coronavirus

Posted on May 14 2020 by Todd Spivak and Rebecca Canterbury

Q: I do not want my children to travel during the Coronavirus outbreak, what can I do?

A: Your Court Order likely provides vacation time for you and your ex, but it probably does not include what to do in cases of a public health emergency.

If your ex seeks to take your child to a Coronavirus epicenter or out of the country, this may constitute an emergency matter necessitating Court intervention.

An attorney can draft and present an emergency petition to the Court to restrict the other parent’s ability to travel with your child.

In Allegheny County, Courts are generally directing parents to follow child custody orders and continue with custody exchanges despite government directives to stay at home.

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

Paying Child Support During Coronavirus

Posted on May 14 2020 by Todd Spivak and Rebecca Canterbury

With forced business closures and company-wide layoffs, the Coronavirus crisis has wreaked havoc on the U.S. economy. Many Americans have lost their incomes altogether, which may have negatively impacted their ability to pay child support.

If there is an Order of Court to pay child support and/or spousal support, it must be followed. If individuals fail to pay support, the court may enter a judgment for the total amount of unpaid support, requiring immediate payment in full. Failure to comply with a support order of court could result in sanctions such as attorney’s fees, license suspension, and even incarceration.

It is important to understand that child support is not a fee that one parent pays to get access to the child. Parents who refuse visitation when their ex owes child support may be held in contempt of court for violating the terms of the child custody agreement.

If you have had a substantial change in financial circumstances, you may be entitled to seek a modification to your Support Order.

Spivak Law Firm offers strong, compassionate representation in all family law matters, including child and spousal support. We help families determine the amount of support owed and represent clients in support hearings and enforcement actions.

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