Family Law

Lower Your Child Support Payments

Posted on March 7 2013 by Todd Spivak and Rebecca Canterbury

If you think you are paying too much in child support, do not be fooled into thinking that quitting your job will lower your support obligations.

Under Pennsylvania law, your child support obligation will not be lowered if you quit your job, assume a lower paying job, or even leave your job to pursue an education.

Courts will, however, adjust child support payments if you are receiving less income due to illness, lay-off, or being fired, “unless such a reduction in income was willfully undertaken in an attempt to avoid or reduce the support obligation.”

The issue is control. If you lose your job due to a reason outside your control, your support obligation may be lowered. But if you choose to quit, then your support obligation will not be affected.

The appropriate way to seek a reduction in child support payments is to hire an experienced family law attorney and file a Motion to Modify Support.

For more information about modifying your child support payment, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Helping Ellen Get Her Kids Back

Posted on February 5 2013 by Todd Spivak and Rebecca Canterbury

When Ellen’s mother died, she became deeply depressed. She started drinking heavily for the first time in her life. Knowing that she was suddenly unfit to care for her two young sons, Ellen signed over custody rights to her ex-husband.

A year passed before Ellen stopped drinking and emerged from her depression. But by then she had lost everything – her home, her job, and her kids. She wanted her life back.

Ellen landed a job and let a three-bedroom apartment hoping to one day fill it with her two sons. Spivak Law Firm has spent the last year helping Ellen exercise her custody rights pro bono. It has been a long difficult journey, but this month we helped her get the child custody schedule of her dreams.

“I am so happy,” Ellen told us. “Finally, I get my kids back.”

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

PFA DO’s and DON’Ts

Posted on February 2 2013 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, we provide strong defense at PFA hearings for people accused of domestic violence. In most cases, we get the PFA dismissed.

Based in Pittsburgh, we routinely represent PFA defendants in Allegheny County, Westmoreland County, Beaver County, Butler County, and Washington County.

If you’ve been served with a PFA, protect your future by following this important list of PFA Do’s and Don’ts:

Do Hire an Experienced PFA Defense Lawyer: In many Pennsylvania counties, PFA plaintiffs are entitled to a free lawyer. PFA defendants should retain a lawyer to help level the playing field. PFA is a unique area of law that combines aspects of family law and criminal defense. As one of the few law firms in the greater Pittsburgh area that routinely handles both family and criminal cases, Spivak Law Firm is uniquely qualified to help. Our strong negotiation and courtroom skills help us achieve the best outcomes.

Don’t Blow Off the Hearing: Defendants who fail to appear at their PFA hearing risk getting a maximum three-year PFA. This can be devastating, as a PFA stays on the public docket and can haunt you like a criminal record. It comes up on a basic background check performed by employers, potentially costing you a job or promotion. At Spivak Law Firm, we understand that a PFA is a big deal. If you’ve been served with a PFA, we strongly encourage you to take it seriously by attending the PFA hearing.

Do Bring Evidence: If you’ve been served with a PFA, your hearing is likely just about a week away. That does not leave you or your attorney much time to prepare, so you need to start thinking about your defense immediately. Physical evidence commonly introduced at PFA hearings includes copies of medical records, phone records, emails, texts, and Facebook pages. At Spivak Law Firm, we help our clients prepare for their PFA hearing by collecting – by subpoena, if necessary – all records that help present the strongest possible defense.

Don’t Contact the Plaintiff: A PFA is a no-contact order. While it remains in effect, the defendant must abide by the PFA by having no contact whatsoever with the plaintiff. This includes not just physical contact but also contact by phone, text, email, fax, or regular mail. It also includes third-party contact. Thus, a PFA defendant cannot ask a friend or family member to contact the plaintiff about anything. For instance, having a friend ask the plaintiff to withdraw the PFA constitutes a violation of the court order because it is considered third-party contact. For more information on this issue, please visit our blog post “10 Tips for PFA Defendants to Avoid Arrest.”

Do Bring Witnesses: In domestic violence cases, the only eyewitnesses to the incident are often the parties themselves. Because of the “he-said, she-said” nature of domestic violence, cases are often determined based on credibility. A judge will hear testimony from both parties and make a decision largely based on who comes across as more believable. But when witnesses are present, it is important to bring them to the hearing. Because an eyewitness can be crucial in getting your PFA dropped, Spivak Law Firm works hard with clients to ensure that such witnesses appear at their PFA hearing.

Don’t Violate the PFA: Violating any provision of a PFA can result in a six-month jail sentence and a $1,000 fine. Although the main function of a PFA is to restrict contact between the parties, the court order may also contain other provisions that must be followed to avoid arrest. For instance, a PFA may restrict your ability to see your kids, possess weapons, or go to your home and other places frequented by the plaintiff. At Spivak Law Firm, we carefully review the PFA with our clients to ensure that they understand the restrictions imposed by the PFA and the severe consequences of violating them.

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

Protecting Child Custody Rights

Posted on February 1 2013 by Todd Spivak and Rebecca Canterbury

Dormont-Brookline Patch, an online news outlet, has published our article about how Pennsylvania law protects the child custody rights of rape victims. The article originally appeared in the Pittsburgh Post-Gazette and has been reproduced in At Issue, a publication of the Pennsylvania Bar Association:

“At the age of 21, during her senior year in college, Shauna Prewitt was raped. She became pregnant, opted to keep the child and had a baby girl.

“Ms. Prewitt pressed criminal charges against her attacker. Her rapist responded by asserting legal custody rights over their child. Ms. Prewitt promptly withdrew her criminal complaint. Her attacker then followed suit by withdrawing his custody petition.

“‘When no law prohibits a rapist from exercising [child custody] rights,” says Ms. Prewitt, who is now an attorney and women’s rights advocate, “a woman may feel forced to bargain away her legal rights to a criminal trial in exchange for the rapist dropping the bid to have access to her child.’”

The entire article is reproduced here.

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

Practical Advice for PFA Defendants

Posted on January 12 2013 by Todd Spivak and Rebecca Canterbury

A PFA is a court order that restricts the defendant from having any contact with the plaintiff. But the plaintiff can contact the defendant without violating the PFA. The Sheriff’s Department of Clarion County distributes a helpful flyer instructing defendants on what to do if they encounter their accusers, which we have reprinted here:

–If you see the plaintiff walking toward you on the street, cross the street, and go in a different direction.

–If you are eating dinner in a restaurant when the plaintiff walks in, you need to avoid any contact with him/her. Get up, pay the bill, and leave, if possible, without making the plaintiff aware of your presence or talking to him/her.

–If you are in a movie theater waiting to see a movie and the plaintiff walks in, get up and leave the theater.

–If the plaintiff calls and says to come over for dinner or to “work things out,” do not go. You should have hung up before all that information was given to you. Do not violate the PFA order by talking to the plaintiff, even when she/he called you.

–If the plaintiff calls you and you can repeat what she/he said, you have violated the PFA order. You should have hung up as soon as you recognized the person’s voice.

–If you receive an email from the plaintiff and respond to it, you have violated the PFA order. You should not send or respond to faxes or emails from the plaintiff.

–If you are told that the PFA order has been changed or vacated and you can have contact with the plaintiff, first check with the court that issued the order. Unless and until court personnel confirm that the order has been changed or vacated or you see a court paper confirming that information, do not have any contact with the plaintiff.

Spivak Law Firm provides strong, aggressive defense at PFA hearings in counties across Southwestern Pennsylvania, including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. To make an appointment with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Defining “Income” for Child Support Cases

Posted on January 4 2013 by Todd Spivak and Rebecca Canterbury

Child support is largely based on parents’ income. At a child support hearing, both parents are required to bring federal income tax returns, including W-2s, and pay stubs for the preceding six months.

But what constitutes income for child support purposes? According to Pennsylvania law, income includes:

–wages, salaries, bonuses, fees and commissions;

–net income from business or dealings in property;

–interest, rents, royalties and dividends;

–pensions and all forms of retirement;

–income from an interest in an estate or trust;

–Social Security disability benefits;

–Social Security retirement benefits;

–temporary and permanent disability benefits;

–workers’ compensation;

–unemployment compensation;

–alimony;

–lottery winnings;

–income tax refunds; and

–insurance compensation or settlements.

Income does not include, however, public assistance and Supplemental Security Income (SSI) benefits, Social Security payments for a child, and foster care payments.

For more information on child support in Pennsylvania, contact Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Alimony and Adultery Historically Linked

Posted on January 1 2013 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, a spouse guilty of marital misconduct such as adultery cannot obtain alimony, except in rare cases of extreme hardship.

There has long been a link between alimony and adultery. Historically, husbands were only forced to pay alimony to their wives if they committed adultery.

“It was almost a form of damages: the financial penalty the law imposed upon husbands as a result of their wrongful conduct in breaching the permanency clause of the marriage contract,” writes attorney Laura W. Morgan in an article entitled “Current Trends In Alimony Law” published by the American Bar Association.

“The amount of the remedy – the amount needed to attain the marital standard of living – was roughly equivalent to the financial harm inflicted on the wife by the husband’s wrongful conduct, another rule strongly reminiscent of contract or even tort law,” Morgan writes.

Today, Pennsylvania courts may award alimony even when there are no allegations of adultery. Pennsylvania embraces no-fault divorce, allowing courts to grant a divorce in the absence of fault where a court found that the marriage was irretrievably broken.

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

Even the Jobless Often Must Pay Child Support

Posted on December 27 2012 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, parents are legally obligated to support their children. Failing to financially support your child may result in your wages being garnished and even in your arrest.

But what if you don’t have a job? If you earn no money, you can’t be required to pay child support, right? Wrong!

Courts may impute an income equal to your earning capacity if you are found to have “willfully failed to obtain or maintain appropriate employment.”

Factors for determining a parent’s earning capacity include: age, education, training, health, work experience, earnings history, and child care responsibilities.

To learn more about earning capacity and other child support issues in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

10 Tips for PFA Defendants to Avoid Arrest

Posted on December 17 2012 by Todd Spivak and Rebecca Canterbury

Violating a PFA can result in criminal charges with a maximum punishment of six months in jail. Here are 10 tips for helping PFA defendants avoid criminal penalties:

Do not drive past the plaintiff’s residence.
Avoid all places where you know the plaintiff goes.
Leave a restaurant, grocery, or any other place if you realize the plaintiff is there.
Hang up the phone immediately if the plaintiff calls you.
Do not send emails, texts, letters, faxes, or gifts to the plaintiff.
Do not respond to emails, texts, letters, faxes, or gifts from the plaintiff.
Avoid contact with the plaintiff’s family, friends, and neighbors.
Do not get into arguments or confrontations with the plaintiff’s family or friends – walk away!
If the plaintiff comes to your house, do not let the plaintiff inside – don’t open the door!
Retain an experienced PFA defense attorney.

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

Want to Pay Less Child Support?

Posted on December 14 2012 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, child support and child custody are inextricably linked. The amount of child support you owe is directly tied to the amount of time you spend with your child.

A parent who pays child support will receive a 10 percent reduction in the amount of support owed at 40 percent parenting time, increasing incrementally to a 20 percent reduction at 50 percent parenting time, according to state law.

Parenting time is based on the number of overnights the child spends with the parent who pays child support.

Courts are reluctant to grant a parent more custodial time merely in order to reduce child support payments. But such practical considerations must be part of the conversation between you and your family law attorney.

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