Author Archives: Todd Spivak and Rebecca Canterbury

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.

PFA Courts Remain Open During COVID-19

Posted on April 30 2020 by Todd Spivak and Rebecca Canterbury

Although courts across Pennsylvania have largely closed due to the coronavirus crisis, Protection From Abuse cases are still occurring due to the emergency nature of a PFA.

Spivak Law Firm is continuing to accept PFA clients and provide strong representation at PFA hearings.

A PFA is a restraining order that prevents all contact when there are allegations of:

Physical violence
Sexual violence
Threats of violence
Harassment
Stalking

A PFA is a powerful tool that can instantly evict you from your home, restrict you from your children, result in termination from your employment and even land you in jail.

Spivak Law Firm provides strong, compassionate representation in all PFA matters. For a free phone consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce With Compassion

Posted on April 30 2020 by Todd Spivak and Rebecca Canterbury

A divorce may be resolved in just a few months, though some cases drag on for years due to financial complexities in the marital estate and conflict between the parties.

For most people, divorce represents one of the most stressful and painful episodes in their lives.

It is common for one spouse to be further along emotionally than the other spouse in coming to terms with the divorce.

At Spivak Law Firm, we guide our clients through the divorce process with compassion.

In many cases, we are able to negotiate a financial settlement that meets their needs without ever having to go to court.

We handle all areas of family law, including: divorce, child custody, child support, spousal support and Protection From Abuse (PFA).

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

Kids Who Witness Violence

Posted on April 30 2020 by Todd Spivak and Rebecca Canterbury

Children who witness abuse suffer emotionally behaviorally, and cognitively.

There are no typical reactions to violence experienced by children.

Factors that may affect their behaviors include:

-Age

-Gender

-Amount of violence witnessed

-Type of abuse witnessed

-Whether the child is a victim as well as an observer of the abuse

Parents should try to be aware of behaviors that are unusual for a particular child and continue for a week or more.

If necessary, they should seek the help of a mental-health professional.

Spivak Law Firm handles all areas of family law with a special focus on child custody and domestic abuse. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Custody Exchanges During Coronavirus

Posted on April 9 2020 by Todd Spivak and Rebecca Canterbury

Do I have to exchange my child during the Coronavirus?

Absent a true emergency, you must abide by the terms of your Custody Order. A party who willfully fails to comply with any Custody Order may be found in contempt of Court.

At this time, the Pennsylvania Courts have not yet established if the COVID-19 pandemic is a valid justification for a parent failing to follow their Custody Order.

If you can still exchange your child safely, you should do so. Be as reasonable and accommodating with the other parent as possible. Communicate with the other parent to develop an exchange plan that limits exposure to the virus and aligns with CDC and government recommendations.

An experienced attorney can help you navigate these issues and help create options. For instance, your attorney may communicate with your ex or their attorney directly to develop a plan for custody exchanges, or even entering a Consent Order for guaranteed makeup time once the threat of the Coronavirus eases.

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

5 Tips for Co-Parenting During Coronavirus

Posted on April 9 2020 by Todd Spivak and Rebecca Canterbury

In the wake of the COVID-19 crisis, the Supreme Court of Pennsylvania directed all Courts to generally close to the public from March 19, 2020 through at least April 3, 2020, with limited exceptions.

Absent a true emergency, parents are stripped of the ability to bring child custody matters to Court until at least April 3, 2020, or even as late as mid-April in some counties.

Until you are able to proceed through the Court, we recommend following these five tips:

Comply with your Custody Order of Court as much as possible, unless in cases of true emergency.
Be honest with your co-parent about suspected and/or confirmed exposure to the Coronavirus, work together to limit your child’s exposure, and immediately notify one another if your child exhibits symptoms of the virus.
Provide makeup time to your co-parent if they have missed out on time with your child. The Court expects parents to work together to reasonably accommodate one other, and may hold your inflexibility against you in future proceedings.
Try to be understanding and flexible. If possible, try to work together for the sake of your child. Parents may be subject to layoffs and unable to make support payments.
Encourage the relationship between your child and your co-parent. Your co-parent may be working extra hours in the wake of this crisis, or may even be forced into a weeks-long quarantine. Work together to provide telephone calls, FaceTime, and/or Skype between your child and co-parent.

The attorneys at Spivak Law Firm are available to counsel you and provide options for how to best handle your custody concerns. To speak with an experienced child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Do You Have a Last Will and Testament?

Posted on March 20 2020 by Todd Spivak and Rebecca Canterbury

Do you and your loved ones have an updated Last Will and Testament? Public-health experts are projecting that millions of Americans may be killed by the Coronavirus in the coming months.

Spivak Law Firm is committed to helping families achieve their estate planning goals even during this crisis. We are handling all requests by telephone and email only in order to exercise social distancing and ensure our clients’ safety. In most cases, we are able to provide the Last Will and Testament to our clients by email on the same day that they retain us to draft the document.

A Last Will and Testament describes your wishes. It lists your beneficiaries, including specific family members and any charities. It names the executor of your will who can be trusted to carry out your wishes.

It also includes your directions for who will care for your children and your property, as well as directions for whether your body will be buried, cremated, or donated for purposes of medical research.

Having a will gives you peace of mind. It puts you in control over how your assets will be distributed. Without a will, such decisions are left to the courts.

We also recommend working with an attorney to draft a Power of Attorney to carry out your wishes regarding your health and finances if you become too sick and incapacitated due to the coronavirus.

At Spivak Law Firm, we understand that discussing death or a major medical emergency can be emotional and difficult. But we also understand the importance of preparing for the future.

Friendly and welcoming, we treat our clients with compassion, dignity, and respect. For a free phone consultation to discuss your Last Will and Testament, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Do You Have a Power of Attorney?

Posted on March 20 2020 by Todd Spivak and Rebecca Canterbury

Do you and your loved ones have an updated Power of Attorney? Public-health experts are projecting that millions of Americans will become sick and incapacitated by the Coronavirus in the coming months.

Spivak Law Firm is committed to helping families achieve their estate planning goals even during this crisis. We are handling all requests by telephone and email only in order to exercise social distancing and ensure our clients’ safety. In most cases, we are able to provide the Power of Attorney to our clients by email on the same day that they retain us to draft the document.

There are two types of Power of Attorney you may need.

A Healthcare Power of Attorney, also known as a Living Will, details your wishes regarding medical and surgical procedures if you become too sick or incapacitated. It also allows you to choose a person you trust to make decisions on your behalf regarding your medical care.

A Financial Power of Attorney allows you to choose a person you trust to make decisions regarding your finances, including paying your bills and taxes, if you become too sick or incapacitated to handle them yourself. You can always later revoke a Financial Power of Attorney if you recover from your illness and want to handle your own finances or appoint a different person for any reason.

We also recommend working with an attorney to draft a Last Will and Testament to carry out your wishes regarding how to dispose of your remains and your assets if you or your family members contract the coronavirus.

At Spivak Law Firm, we understand that discussing death or a major medical emergency can be emotional and difficult. But we also understand the importance of preparing for the future.

Friendly and welcoming, we treat our clients with compassion, dignity, and respect. For a free phone consultation to discuss a Power of Attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Dividing Retirement Accounts In Divorce

Posted on March 13 2020 by Todd Spivak and Rebecca Canterbury

In many divorce cases, the spouses’ retirement accounts represent the largest assets in the marital estate. Retirement accounts such as a spouse’s 401(k), IRA, or pension may be valued at tens or even hundreds of thousands of dollars. Retirement accounts opened during the marriage are considered marital property subject to division at divorce.

If a retirement account was opened prior to the marriage, then any increase in value from the date of separation until the divorce is finalized may be subject to equitable distribution. It may be necessary to calculate the marital portion of your retirement accounts, which can be divided by court order in a divorce settlement without tax consequences.

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