Allegheny County Family Law Attorney
Stalking: Penalties in Pennsylvania
Under Pennsylvania law, the crime of stalking occurs when a person places another in reasonable fear of bodily injury or substantial emotional distress by either:
- Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority; or
- Engaging in a course of conduct or repeatedly communicating to another person with intent to place them in fear or emotional distress.
A first offense is graded as a first-degree misdemeanor, but if it is a subsequent offense against the same person, you could face third-degree felony charges.
A conviction can result in jail time and costly fines, and also has the potential to affect your child custody rights, employment, and right to own a firearm.
Served with a PFA? Charged with assault? Terroristic threats? Harassment? Stalking? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Divorce: Living Separately Under One Roof
Given today’s economic realities, it is not at all uncommon for married couples to continue living together even after separating and heading toward divorce.
After all, many families struggle to keep up with their expenses in one household. Taking on a second mortgage or another monthly rental payment may not be an option.
Even if the parties still live together, it is possible to establish a date of separation for purposes of divorce so long as the parties:
- Separate bank accounts. The parties should separate their finances by opening individual bank accounts.
- Abstain from marital sex. The parties should no longer share a bedroom or bed.
- Do not hold themselves out as married. The parties should refrain from describing themselves as a married couple to others in the community.
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.
Allegheny County Increases Custody Filing Fees
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.
Shielding Kids In High-Conflict Divorce
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.
Becoming a Better Parent Through Divorce
Divorce can be an awakening for parents that results in them actually becoming better parents and taking more active roles in the children’s lives. If you were the main caregiver before divorce and did most of the work, wondering why your ex couldn’t take a greater parental role, his or her turnaround after the divorce can be frustrating.
But while it may be upsetting at first, ultimately you should come to realize that it is better for your children to have both parents involved in their lives. It may also make things easier for you if you find that you can share responsibilities such as driving the children to their friends’ homes, program, and other events.
To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
The Challenge of Co-Parenting After Divorce
Co-parenting after divorce can be challenging for many families. Co-parenting means that both you and your former spouse must take responsibility for raising your children, even though you are no longer husband and wife. The goal is to keep children out of the middle of your conflict so they don’t feel the stress of the situation.
The children should feel as though they still have a family, just one that has been reorganized. Of course, the ideal way to achieve this is for the parents to get along, do what is in the children’s best interests, and put the children’s needs before their own. But this may be easier said than done.
While change is often difficult, it does not have to be destructive. It may make sense to get psychological support during such trying times.
To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Pennsylvania Court Helps Divorced Parents
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.
Child Custody in Allegheny County (Part 6 of 7)
In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here. To learn about the mediation session, please click here. To learn about waiving the mediation session due to issues of domestic violence, please click here. To learn about the custody conciliation, please click here. To learn about psychological/home evaluations, please click here.
If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to appear at a partial custody hearing. A party requests a partial custody hearing after an unsuccessful conciliation by filing a praecipe at the Child Custody Department.
Cases heard by the Partial Custody Hearing Officer involve matters dealing with partial custody/visitation only. In order to proceed to a partial custody hearing, you must prepare and file a pre-trial statement ten days in advance of the hearing date. The original must be filed with the Department of Court Records, a copy must be served on the other side and opposing counsel if represented, and a copy must be delivered to the Custody Department.
The pre-trial statement shall include the following: a narrative statement of the facts, which will be proven; the current custody schedule; the name of each person whom you intend to call at trial as witnesses, including experts, and a report from each of the listed expert witnesses; a list identifying all of the exhibits, which you plan to offer into evidence; a proposed partial custody schedule and proposed order.
At the time of the hearing, you may bring an attorney if you are represented. The parties may come to an agreement; if not, the Partial Custody Hearing Officer will issue a report, recommendation, and interim order to both parties. If neither party files exceptions within twenty days, the order will become final.
To speak with an experienced Allegheny County child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Paying Child Support in Pennsylvania
In Pennsylvania, most child support is paid by income withholding, or wage garnishment, as ordered by the court and maintained in the state’s Child Support Enforcement System, which is the state’s child support computer.
Pennsylvania maintains monthly support orders, which charge the first of each month. If your employer gets a court order, the employer will take child support out of your pay and send it to the state’s Support Collection and Disbursement Unit (SCDU).
Support can also be taken from your unemployment compensation, workers’ compensation, Social Security, and retirement and pension benefits.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
7 Tips For Avoiding High-Conflict Divorce
Even the most civil divorce can be devastating emotionally and financially. But high-conflict divorce – in which parties litigate over all aspects of the divorce, including custody, child support, alimony, and property division – can be especially damaging. Protect yourself by following these tips for avoiding high-conflict divorce:
1. Develop an emergency plan.
Your partner could assault or evict you at any time. Figure out a safe place to go, and get some ready cash, and think about who can help you on short notice. Copy important records and keep them in a safe place.
2. Keep a journal.
As soon as possible after they occur, write down accurate details of problems and events between you and your partner that could become issues in court. Keep a journal or other written record of anything pertinent. Save email and text-message correspondence in a safe place, especially copies of hostile and harassing exchanges.
3. Think before hitting “send.”
Communicate very carefully and respectfully with your partner, because anything may be introduced into evidence. Make any emails, whether initiated by you or in response to your partner, brief, informative, friendly, and firm. This is especially true if your partner’s emails are hostile.
4. Seek counseling.
Obtain a therapist to help you understand your partner’s behavior, anticipate problems, deal with your emotions around the divorce or separation, and learn about yourself.
5. Retain a family law attorney.
Hire an attorney with good communication skills, and consult with this professional to prepare for predictable crises and accusations.
6. Avoid social media.
Delete your Facebook, Twitter, or any other publicly accessible online social networking account. You may wish to erase your browsing history from your computer. Make sure your passwords are secure. Make sure that what you want to keep private, such as letters or lists, is kept private.
7. Reach out to loved ones.
Tell your family and friends what to expect, how to respond, how they can help, and how to avoid splitting either of you into being viewed as all good or all bad.
This list was adapted from Splitting: Protecting Yourself While Divorcing Someone with Borderline or Narcissistic Personality Disorder.
To schedule an appointment with a family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.