Family Law

PFAs, Domestic Violence, & Child Custody

Posted on July 19 2014 by Todd Spivak and Rebecca Canterbury

What should you do if you face a Protection From Abuse (PFA) restraining order while criminal domestic violence charges are also pending?

In most cases, you should continue the Temporary PFA until after the criminal case is resolved because any testimony opposing the civil PFA might be used against you in the criminal action.

If kids are involved, and the Temporary PFA restricts your right to see your kids, you may consider asking the Court for a hearing seeking supervised visitation until the criminal case is resolved. Otherwise, you run the risk of not seeing your kids for several months.

Spivak Law Firm has extensive experience handling PFAs, criminal domestic violence, and child custody matters. To speak with an attorney, call (412) 344-4900 or toll free at (800) 545-9390.

Update Your Will After Marriage Or Divorce

Posted on July 13 2014 by Todd Spivak and Rebecca Canterbury

The most important times to reassess your will include the times when your family makeup changes. For example, if you get married, everything changes to include your spouse. If you have a new child, you want to include the child in your will as well. If you have a divorce, you want to go back and change the funds and property that you are giving your soon-to-be ex-wife or ex-husband. You will also want to look at your will for other reasons to make changes.

To speak with a Pittsburgh attorney about drafting your will, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Introducing Evidence at Your PFA Hearing

Posted on June 29 2014 by Todd Spivak and Rebecca Canterbury

Many Protection From Abuse (PFA) matters are “he said, she said.” Any supporting evidence, including other witnesses (especially non-related witnesses) and documentary evidence, can go a long way toward prevailing at the PFA hearing. If there are photos, emails, or text messages, make sure that they have been printed, as many judges are not willing to scroll through a party’s cell phone. If there is a voicemail, make sure you have a way for it to be played in Court.

If there is no other supporting evidence, the Court decides whether to grant the PFA based on which party’s testimony appears more credible. In other words, the Court may make a “gut decision” about who is telling the truth.

To learn more about how to prepare for your PFA hearing, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Allegheny County Increases Custody Filing Fees

Posted on June 21 2014 by Todd Spivak and Rebecca Canterbury

Seeking custody of your children isn’t cheap.

Earlier this year, fees associated with filing a custody action increased dramatically. For instance, the fee for filing an initial custody complaint soared from $232.50 to $325. The fee for filing a divorce complaint with a custody count jumped from $271 to $363.50. The fee for filing a petition for custody modification swelled from $200 to $250, and the fee for filing a custody complaint after a divorce action has been filed spiked from $108.50 to $220.50. Additionally a new fee of $200 will be assessed for reinstating a custody action.

In Allegheny County, all fees for custody actions are collected by the Department of Court Records on the first floor of the City County Building, 414 Grant Street, Pittsburgh, PA 15219. In some cases involving low-income parties, custody filing fees may be waived by the Court.

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

What Is A Simple Will?

Posted on June 14 2014 by Todd Spivak and Rebecca Canterbury

A simple will is the most common type of will today. These wills are not joint wills, as they serve only for one person.

A simple will is a single piece of documentation that describes your wishes. When this type of will is used, it states that the document is your will. It lists your beneficiaries, including any charities, and their addresses and birth dates. In addition, it names the executor of your will and possibly a secondary executor, in case the first cannot provide for you. It also includes your directions for who will care for your children and your property, as well as distribute your assets as you direct.

To have a Pittsburgh attorney draft your will, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Shielding Kids In High-Conflict Divorce

Posted on June 7 2014 by Todd Spivak and Rebecca Canterbury

Parents who do not engage in physical violence but do engage in hostile communications must understand the negative impact of such conduct on their child. Every effort should be made to shield the child from the hostilities. Proposing that all communications be by email or text is one way to do so; however, it is often necessary to put boundaries around such communications.

When it is financially viable, parents in high-conflict situations should use the expertise of skilled practitioners in co-parent counseling and meet regularly to address ongoing issues.

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

Providing Records to Your Divorce Lawyer

Posted on May 27 2014 by Todd Spivak and Rebecca Canterbury

Once the divorce process is under way, your lawyer will need ready access to all relevant financial documents. Start by locating and gathering together the following records pertaining to both you and your spouse:

Social Security numbers
Income tax returns for the past three years
Retirement savings plans statements for the past three years
Bank account statements
Insurance policies (life; automobile; house; other)
Stock certificates
Credit card bills
Employment payment stubs
Brokerage statements
Pension statements
Health insurance and work-related benefits
Real estate records
Receipts and monthly statements documenting household expenses and everyday expenses (groceries, gas, heat, water, personal grooming, transportation, gifts, clothing, laundry and cleaning supplies, entertainment, miscellaneous expenses, and so forth)
List of all assets and liabilities
Date of separation (the date of separation is the date used to determine the value of particular assets – the matrimonial home, bank statements, investments, and so forth)

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

Helping Children Cope With Divorce

Posted on May 23 2014 by Todd Spivak and Rebecca Canterbury

Moving between homes can be a stressful time for children. The easier a parent can make it, the better it is for them. Transition can also be difficult for you as a parent, because you’re giving up your children for a period of time. Family therapists encourage divorced parents to give their children “adjustment time” when transitioning between homes. Here are some tips for easing the transition:

Give children something to look forward to when they come home, for example: a special snack, alone time, a TV program to watch, and so forth.
Involve your children in what they need to do when they come home, for example: reading, doing homework, checking email, etc.
Ask your children if there’s anything you can do to make it easier.

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

PFA Law Increasing Protections For Minors

Posted on May 13 2014 by Todd Spivak and Rebecca Canterbury

Pennsylvania appears poised to expand its Protection From Abuse (PFA) law to include protections for minors who are victims of stalking and harassment.

Under current law, stalking and harassment victims who are minors cannot obtain a PFA unless their assailant is a current or former household member, family member, or former intimate partner. But what if the stalker does not fit into any of these categories?

A proposed amendment to the Protection of Victims of Sexual Violence or Intimidation Act would close this loophole. If signed into law by Gov. Corbett, the new protections will go into effect July 2015.

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

Child Support and Social Security Disability

Posted on April 27 2014 by Todd Spivak and Rebecca Canterbury

Are Social Security Disability benefits includable as income for support purposes? It depends what kind of disability benefits you receive. Social Security Disability Insurance (SSDI) benefits are includable in “income” as defined by Pennsylvania law; but Supplemental Security Income (SSI) benefits are not income for support purposes.

Whether you qualify for Social Security Disability (SSD) benefits or Supplemental Security Income (SSI) depends on your work history. To qualify for SSD benefits, you must have paid into the Social Security system by working for a certain amount of time. To qualify for SSI benefits, you need not have any work history at all. Unlike SSD, SSI is similar to a welfare program. SSI recipients must be disabled and have a monthly income that does not exceed a certain level.

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