Author Archives: Todd Spivak and Rebecca Canterbury

Expungement Necessary Even If Case Dismissed

Posted on March 5 2014 by Todd Spivak and Rebecca Canterbury

Many people make the mistake of thinking that their records will automatically be wiped clean if their criminal charges are dismissed or withdrawn. This is not true.

Even if your charges are thrown out, you still need to go through the expungement process to erase them from your criminal background. This may be especially important if the nature of the charge itself causes embarrassment (e.g., prostitution, domestic abuse) or leads another to question your trustworthiness (e.g., forgery, theft).

At Spivak Law Firm, we expunge criminal records for a low, one-time fee. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.

How to Prepare for Your Support Hearing

Posted on February 26 2014 by Todd Spivak and Rebecca Canterbury

Prior to the support hearing, provide your family law attorney with paystubs, tax returns, W-2s, 1099 forms, bank statements, and other documentary evidence of your income. Be prepared to describe in detail your occupation or business, earnings, and job perks as well as your spouse’s business, earnings, and job perks. Do not overlook other sources of income such as investments, trusts, parental gifts, gratuities, and “under the table” income. In addition to understanding your financial status, your attorney will work with you to assess your realistic needs, goals, requirements, earning and earning capacities.

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

Pennsylvania Court Helps Divorced Parents

Posted on February 20 2014 by Todd Spivak and Rebecca Canterbury

Transportation is a common problem for divorced parents who share custody of their children. School districts do not make things easier when they insist on providing transportation only to one parent’s residence.

But a court ruling from earlier this year will go a long way toward helping divorced parents by forcing school districts to provide bus transportation to both parents’ homes so long as they each reside in the district.

The Pennsylvania Commonwealth Court upheld a Lancaster County Court of Common Pleas judge’s ruling that ordered the Manheim Township School District to resume busing services for a middle school student who alternates weeks with his mother and father.

The Court cited Pennsylvania laws requiring school districts to provide transportation to resident pupils and prohibiting school districts from forcing students to travel more than 1.5 miles from their homes to the bus stop.

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

Promoting Love for Both Parents Helps Children

Posted on February 13 2014 by Todd Spivak and Rebecca Canterbury

According to family therapists, the worst thing is for children to feel torn. The message you need to give your children is that it is safe to love both parents, not that your child cannot love one parent because the other will be upset.

Children who are forced to take sides will feel torn, lost and angry. Children have to learn to evaluate each parent based on how he or she treats the child, not on what the parents think of each other.

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

Calculating Support in Pennsylvania

Posted on February 9 2014 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, support is based upon the net monthly incomes of the parties. To calculate a party’s net monthly income, the following items are deducted from his or her gross income:

Federal, state, and local taxes
FICA (Social Security and Medicare) or self-employment taxes
Non-voluntary retirement contributions
Union dues
Alimony paid to the other party

In calculating support, the trial court must consider income from all sources. To learn more about calculating support, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

How to Modify Bail in Allegheny County

Posted on February 3 2014 by Todd Spivak and Rebecca Canterbury

If someone you know is lodged in Allegheny County Jail but cannot post bail, you have the right to seek a bail modification hearing that could lower the amount of money needed to spring the defendant from jail while he or she awaits the next criminal court hearing.

You may contact an investigator at the jail’s bail unit to determine whether the defendant is eligible to have a bail modification hearing. Such hearings are not granted if the defendant has a detainer or warrant in addition to the charges.

There is no court fee for a bail modification hearing, though typically such hearings may occur just once unless there is a significant change regarding the charges or an attorney files a written petition seeking reconsideration of bail.

To learn more about modifying bail, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Telling Your Children About Your Divorce

Posted on January 30 2014 by Todd Spivak and Rebecca Canterbury

Divorce can be emotionally devastating for parents and children alike. Here are some tips from family counselors on telling your kids about your divorce:

Talk to the children together
Give your children time to react and time to be mad and sad, and to ask questions
Try to anticipate your children’s questions and reactions, and be prepared to respond
Encourage your children to talk about their feelings

The reasons behind your divorce are likely not relevant to your children and generally should not be shared, the experts say. What children need is: to feel loved; to realize the divorce is not their fault; a sense of security; routine and structure; and not to be put in the middle.

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

Finding the Right Family Law Attorney For You

Posted on January 25 2014 by Todd Spivak and Rebecca Canterbury

Family law attorneys handle divorce, child custody, and support issues. Choosing the right family law attorney is important given the emotional and financial hardships that frequently accompany these issues. Here are some things to consider when making your decision:

Does this lawyer seem confident, strong, and experienced?
What skills do I see in the lawyer? Is the lawyer smart, resourceful, comforting, strategic, a good listener, and so forth?
Is this person a skilled negotiator, trial lawyer, and communicator?
What kind of dispute resolution do I want to pursue, and does this lawyer have the appropriate experience and skills to handle the case in this fashion?
How will the parenting plan be developed and who will develop it?
If there are realistic issues involving personality disorders, substance abuse, or other such problems, does the lawyer have the experience and skill set to deal effectively with them?
Do I trust and respect this person? Can we have a good working partnership?
Can I be honest with this person? Do I feel comfortable sharing intimate details?
Is this person honest and candid with me?
Does the lawyer pay attention to me? Does he or she have time for me?
Can I afford this lawyer?

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

Why Expunge Your Criminal Record?

Posted on January 17 2014 by Todd Spivak and Rebecca Canterbury

A criminal record can hurt you by limiting your job opportunities, restricting your housing options, and even impeding your ability to get a loan. In Pennsylvania, employers, landlords, and banks routinely check criminal backgrounds.

Having your criminal record expunged, or erased, is vitally important to getting your life back to normal. Fortunately, the process is relatively simple and inexpensive.

At Spivak Law Firm, we promptly obtain a certified copy of your criminal record from the Pennsylvania State Police then petition the court to expunge your record. The process can take as long as a year, and we update you about the process at every step.

If your case was dismissed or withdrawn, we can immediately initiate the expungement process. If you’ve been convicted of a summary offense, you can have your criminal record expunged after a five-year waiting period so long as there are no further incidents.

To learn more about expunging your criminal record, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Filing for Support in Pennsylvania

Posted on January 11 2014 by Todd Spivak and Rebecca Canterbury

To commence an action for spousal and/or child support, file a Complaint for Support in the Domestic Relations Section of the Court of Common Pleas in your county, where forms are provided. No fee is required to commence a support action in Allegheny County and many other Pennsylvania counties. The Domestic Relations Section then schedules the joint conference and/or hearing according to local rule. In Allegheny County, people who file for support receive a scheduling order with a hearing date usually set about four weeks away.

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