Blog - Spivak Law Firm

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.

Expand Expungements In Pennsylvania

Posted on January 14 2016 by Todd Spivak and Rebecca Canterbury

A criminal record can ruin your job opportunities. In Pennsylvania, convictions for misdemeanors and felonies will stay on your record for life – even for people who go decades without ever re-offending.

But that might change.

Currently the Pennsylvania Legislature is considering proposals to expand expungements to misdemeanors after a period of good behavior.

Some proposals offer expungements after a period of seven years of freedom from arrest or prosecution for third-degree misdemeanors. Other proposals offer expungements to individuls under 25-years-old for second-degree misdemeanors after ten years free of arrest or prosecution.

Spivak Law Firm understands the importance of a clean criminal record. To speak with an experienced expungement lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.

What to Expect At Your Child Support Hearing

Posted on January 5 2016 by Todd Spivak and Rebecca Canterbury

In Allegheny County, many people resolve child support issues without need for a hearing. Parties first disclose their income and expenses to a domestic-relations officer usually in a small office or cubicle. The officer will usually run calculations based on state support guidelines established by the Pennsylvania Legislature. The parties then have an opportunity to reach an agreement as to the amount of support, if any. The officer at this first level does not have authority to enter a recommendation.

If the parties do not reach agreement, they will attend a hearing on the same day. The hearing is a mini-trial in which each party is sworn under oath and permitted to testify, introduce evidence, and cross-examine one another. The hearing officer will hear testimony, accept evidence, and issue a recommendation within 30 days. If either party is dissatisfied with the recommendation, he or she may file an appeal known as exceptions to be reviewed by the judge assigned to the case.

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

Key Factors for Child Custody

Posted on January 4 2016 by Todd Spivak and Rebecca Canterbury

Judges consider many factors when determining a child custody schedule. A child’s preference is just one of many factors. As children get older, courts may give greater weight to the child’s preference, though many judges do not want to hear directly from children. After all, it can be traumatizing for a child to choose between parents.

An important factor for determining custody is promoting consistency for the children. Courts generally will not disturb an existing arrangement or move children from their current school if they are doing well. Courts are also reluctant to split siblings between parents.

Spivak Law Firm provides strong, compassionate representation in child custody cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm Seeks PFA Reforms

Posted on December 23 2015 by Todd Spivak and Rebecca Canterbury

PFA Pic1 Attorney Todd Spivak recently participated on a panel at Duquesne University School of Law to advocate reforming Pennsylvania’s Protection From Abuse (PFA) laws.

A PFA, also commonly known as a restraining order, is a powerful tool that can evict you from your home, restrict you from your children, and prohibit you from possessing firearms.

Attorney Spivak has long advocated for reforming the PFA law to curb false claims of abuse. Proposals for reform include as follows:

Courts should make it easier to allow defendants to recover attorney fees when a PFA is withdrawn or dismissed.

District attorneys should criminally prosecute serial filers of bogus PFAs.

Temporary PFAs should be removed from the public database when a PFA is later withdrawn or dismissed.

Other panelists included Allegheny Court of Common Pleas Judge Kim D. Eaton and Attorney Tom Putinsky, winner of the Edgar G. O’Connor Fellows Award for outstanding public service.

Spivak Law Firm provides strong representation at PFA hearings for plaintiffs and defendants. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm Frees Inmate

Posted on December 18 2015 by Todd Spivak and Rebecca Canterbury

Thanks to Spivak Law Firm, Doug (not his real name) is a free man again.

Doug violated his probation and ended up back in Allegheny County Jail for a domestic dispute. We negotiated an agreement to dismiss the charges upon completion of anger-management counseling.

But that would take six months.

And Doug’s probation violation hearing would not even be scheduled until he completed the counseling. That means he would likely sit in jail for at least eight months until a judge would even consider his release.

Spivak Law Firm petitioned the judge to lift Doug’s detainer. At the hearing, we persuaded the judge to lift the detainer so Doug could go back to work and help raise his infant child.

Instead of waiting eight months, Doug was back at his job and seeing his baby after just three weeks.

“Thank you for helping me get a second chance,” Doug told us after his release.

Spivak Law Firm handles all criminal matters including: felony, misdemeanor and summary charges, probation violations, and criminal-record expungements. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Key Time Periods for Divorce in Pennsylvania

Posted on December 18 2015 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania divorce law, there are three main time periods that parties should consider:

Six Months: Before you can file for divorce in Pennsylvania, you or your spouse must have resided in the state for at least six months.

90 Days: If you and your spouse consent to a divorce, you still must wait 90 days before the court will grant a final decree.

Two Years: If one spouse does not consent to a divorce, then the spouse seeking the divorce must wait two years before requesting a final decree. Currently Pennsylvania is considering legislation to reduce the waiting period to one year.

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.

4 Reasons to Modify Child Support

Posted on December 14 2015 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.

5 Reasons To Fight A Summary Offense

Posted on December 7 2015 by Todd Spivak and Rebecca Canterbury

If you’re charged with a summary offense, fight it. Here’s why:

First, if the police officer doesn’t show up to the hearing, the judge will dismiss it.

Second, if you did not commit the crime, you should never plead guilty just for the sake of expediency.

Third, even if you committed the crime alleged, your attorney may be able to strike a deal. For instance, the charges may be dismissed on condition that you complete community service.

Fourth, even if you’re found guilty at the summary trial, you have the right to appeal within 30 days and get a new trial before a different judge.

Fifth, a conviction will remain on your criminal record for five years before you can even begin the process of expungement.

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