Family Law

Filing for Child Support in Pennsylvania

Posted on December 11 2012 by Todd Spivak and Rebecca Canterbury

Does the person who files for child support automatically get it?

No.

In fact, Pennsylvania law explicitly states that child support orders must be entered “without regard to which party initiated the support action.”

In other words, a person who files for child support may end up owing it.

Child support calculations are based on (1) the parties’ incomes and (2) the custodial arrangements in place at the time of the hearing or trial. Generally, the parent with primary custody is entitled to child support.

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

Domestic Violence Can Happen to Anyone

Posted on December 2 2012 by Todd Spivak and Rebecca Canterbury

Restraining orders and domestic violence can happen to anyone – even the very rich and famous.

Oscar-winning actress Halle Berry will appear in court this week in a domestic violence case that has received international attention.

This past Thanksgiving, Berry’s fiancé got into a brutal fight with Berry’s ex-boyfriend that left both men with serious injuries. Each man filed a restraining order against the other.

The incident occurred in Berry’s driveway while her 4-year-old daughter was inside the house.

In Pennsylvania, a restraining order is known as a PFA, or Protection From Abuse order, which restricts contact between the parties and can be used to gain leverage in child custody matters.

In Berry’s case, the restraining orders could affect her child custody case. Last month, a judge denied Berry’s request to move with her fiancé to France because her ex-boyfriend shares custody of the child.

In Pennsylvania, a person cannot relocate with a child unless every person with custody rights to the child consents or the court approves the relocation.

Berry, like many of our clients throughout Southwestern Pennsylvania, will spend much of this holiday season in court battling over child custody, restraining orders, and criminal charges arising out of the domestic violence incident from Thanksgiving.

Spivak Law Firm handles all domestic violence matters, including PFA restraining orders, criminal charges, and child custody matters. To schedule an appointment, call us at (412) 344-4900 or toll free at (800) 545-9390.

On Talk Show, Spivak Law Firm Discusses PFA Law

Posted on November 15 2012 by Todd Spivak and Rebecca Canterbury

Spivak Law Firm appeared this week on one of Toronto’s largest radio stations to discuss the stigma of domestic violence and how it affects people who are falsely accused of abuse.

Here’s a summary of our interview with Jim Richards on CFRB Newstalk 1010, which was prompted by news that the long-time puppeteer and voice of Elmo on Sesame Street was falsely accused of having sex with a minor:

“We get calls all day long from people who say they were falsely accused of abuse,” said Todd Spivak, attorney and owner of Spivak Law Firm, “whether it’s harassment, stalking, physical violence, or sexual abuse.

“In Pennsylvania, there are restraining orders known as PFAs, and they’re very easy to get. Judges in Allegheny County sign off on about 97 percent of all initial PFA petitions. And then the majority of these claims are either withdrawn or dismissed.

“In Pennsylvania, the PFA remains a public record. It can preclude you from certain job opportunities and promotions, hurt your credit rating, as well as destroy your relationships with your neighbors, your family, and your friends.”

“Domestic violence is real. But people who are pulled into this system unfairly, unnecessarily, they have to go on and live with this stigma for the rest of their lives.”

At Spivak Law Firm, we strongly defend people against accusations of abuse. If you’ve been served with a PFA or face criminal domestic violence charges, call us at (412) 344-4900 or toll free at (800) 545-9390.

Winning Social Security Disability

Posted on October 7 2012 by Todd Spivak and Rebecca Canterbury

Applying for Social Security Disability? You better follow your doctor’s orders to have any chance of receiving SSD or SSI benefits. As stated in Spivak Law Firm’s 10 Tips for Winning: “Social Security routinely denies claims for benefits if people stop seeing their doctor, stop taking their prescribed medications, or continually fail to appear at scheduled doctor appointments.”

But what if your doctor’s recommendations do more harm than good?

Back problems represent the most common basis for approving Social Security Disability benefits. Doctors commonly recommend that patients with back problems receive spinal injections with a steroid medicine for relief. In 2011, some 5 million Americans received lumbar epidural steroid injections, according to the International Spine Intervention Society.

These are the same injections that have led to a fatal meningitis outbreak that has so far killed 7 Americans and left thousands potentially exposed.

Making matters worse, there is no evidence that steroid injections for back pain even works. A recent report in The New York Times states: “The Cochrane Collaboration, an international group of medical experts, reviewed the data last year and found there was ‘no strong evidence for or against’ the injections.”

The ongoing meningitis outbreak should serve as a wake-up call to Social Security. People seeking Social Security Disability should not be penalized for ignoring or rejecting a doctor’s recommendations – especially given that a doctor’s orders can prove lethal.

Spivak Law Firm proudly helps people nationwide win Social Security Disability benefits. We handle applications, appeals, hearings, and much more. To speak with an experienced Social Security Disability attorney, call us at (412) 344-4900 or toll free at (800) 545-9390.

In The News: Spivak Law Firm

Posted on October 3 2012 by Todd Spivak and Rebecca Canterbury

Spivak Law Firm has been in the news a lot lately.

The Pittsburgh Post-Gazette recently published our column on how Pennsylvania law handles child custody matters in rape cases, just weeks after announcing the opening of our firm at West Liberty and Potomac avenues in Dormont, three miles from downtown Pittsburgh.

The Pennsylvania Bar Association publication At Issue is about to run our latest column on family law matters. Our previous article on Protection From Abuse (PFA) restraining orders in Allegheny County ran this past spring.

Patch.com, an online community news outlet, ran a profile of Spivak Law Firm that was featured in its Dormont-Brookline and Chartiers Valley editions. And just today, the Allegheny County Bar Association publication Lawyers Journal joined the others in announcing the opening of our firm.

Spivak Law Firm handles all matters involving Family Law, PFA Defense, Criminal Defense, DUI Defense, and Social Security Disability. To schedule an appointment, email us here or call us at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody for Rapists?

Posted on September 27 2012 by Todd Spivak and Rebecca Canterbury

The Pittsburgh Post-Gazette has published our article on how Pennsylvania law handles child custody issues in rape cases.

Pennsylvania has received national attention for offering rape victims protection against rapists who later seek child custody privileges. But even Pennsylvania’s protections are limited because judges have discretion over all child custody matters.

“We’re not going to be stupid and give custody to a rapist,” Allegheny County Common Please Judge Kathleen Mulligan told us.

But it can happen, says Chicago-based attorney and women’s rights advocate Shauna Prewitt.

“For instance,” our article states, “a rape victim may be forced to interact with her rapist for months or even years if a custody hearing precedes a rape conviction. By the time the father is eventually convicted of rape, Ms. Prewitt says, a court may find that it is in the child’s best interests for the father to have custody rights because he has established a parental presence with the child.”

To read the entire article, please click here.

Spivak Law Firm handles all family law and criminal defense matters. To make an appointment, call us at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody Rights in Pennsylvania

Posted on September 22 2012 by Todd Spivak and Rebecca Canterbury

It is widely believed that in child custody disputes courts favor giving primary custody of the child to the mother.

But the law rejects this notion.

Pennsylvania law states: “In any action regarding the custody of the child between the parents of the child, there shall be no presumption that custody should be awarded to a particular parent.”

Thus, under the law, both parents are presumed by the court to have equal custodial rights over their child or children.

In some limited situations, a person who is not the child’s parent – a grandparent, for instance – may also assert custodial rights over the child. But even in these cases, the parent’s custodial rights take precedence.

Pennsylvania law states: “In any action regarding the custody of the child between a parent of the child and a nonparent, there shall be a presumption that custody shall be awarded to the parent.”

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

“Legitimate Rape” and Child Custody Laws

Posted on August 25 2012 by Todd Spivak and Rebecca Canterbury

Missouri Congressman Todd Akin lit a political firestorm with his statement that “legitimate rape” rarely results in pregnancy. “If it’s legitimate rape,” Akin said, “the female body has ways to try to shut that whole thing down.”

What is “legitimate rape?”

And how can a woman’s body distinguish the sperm of a rapist from a consensual partner?

But some good may result from the controversy, as Akin’s comment has shifted the political focus to women’s rights.

Today 31 states allow men who father through rape to assert child custody and visitation rights.

I mean can you imagine getting raped, becoming pregnant, having the child, and then having your rapist seek custody rights over the baby and becoming legally bound to you for the next 18 years?

It’s unthinkable.

But that’s precisely what happened to Shauna Prewitt, a rape survivor, attorney, and activist who investigated the custody rights of men who father through rape.

Moreover, Prewitt’s rapist threatened to assert custody of their child unless she stopped pursuing criminal charges against him. Most states sanction this cruel form of blackmail.

Nineteen states, including Pennsylvania, passed laws allowing courts to terminate parental rights of men who father children through rape. Pennsylvania law states: “The rights of a parent in regard to a child may be terminated” if “the parent is the father of a child conceived as a result of a rape or incest.”

Hopefully, Akin’s “legitimate rape” comment will inspire more states to follow Pennsylvania’s lead and pass legislation restricting the ability of men who father children through rape to assert custody rights.

What to Expect at Your PFA Hearing

Posted on August 20 2012 by Todd Spivak and Rebecca Canterbury

If you’ve been served with a PFA, your PFA hearing is likely within 10 days. The thought of having to go before a judge can be very stressful. Indeed, it should cause you some anxiety. After all, a PFA has serious consequences: it can evict you from your home, restrict your ability to see your children, and even land you in jail for six months if you violate it.

At Spivak Law Firm, we handle many PFA cases – representing both defendants and plaintiffs. It often calms our clients when we explain what to expect at a PFA hearing. Here are some things we always go over with our clients to help prepare them for their day in court:

First, it’s important that you show up at the hearing on time. In Allegheny County, PFA hearings are scheduled for 9 a.m. If you show up later than 10 a.m., you could be slapped with a full three-year PFA. Running late is a poor excuse, so plan ahead. Expect traffic and difficulty parking. Like an airport terminal, you will likely have to wait in a long line of people to get through a metal detector. We advise our clients to get to the courthouse by 8:45 a.m.

Second, the plaintiff and defendant likely will not see each other. There is a room for defendants and a separate room for plaintiffs. But do not forget that the PFA remains in place even at court on the day of the hearing. A PFA is a no-contact order. If you violate it, you may be arrested. If you see your accuser in the courthouse, stay away. Do not share an elevator or talk to your accuser. Just go to the waiting area – in Allegheny County, it’s on the third floor of the Family Court Building – check in, and wait for your attorney.

Third, you probably won’t see a judge. Most cases get resolved by the attorneys without ever having to appear before a judge. At Spivak Law Firm, we get the PFA dropped in most cases through negotiations with opposing counsel. Nevertheless, you should work with your attorney so you are prepared to make your strongest case before a judge. Bring any documentation that is helpful to your case – phone records, emails, text messages, photographs, etc. If possible, bring eyewitnesses who can testify as to whether the alleged abuse actually occurred.

For more information about what to expect at your PFA hearing, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.