Pittsburgh Family Law
Child Custody in Allegheny County (Part 5 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.
If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to submit income information for psychological/home evaluations. Allegheny Forensic Associates conducts psychological evaluations.
Once an order is issued for psychological evaluations, the assigned evaluator will contact the parties and schedule the appropriate appointments. Evaluators may administer certain psychological tests and conduct interviews and observations. When the evaluation is completed, the evaluator will issue a report to the parties and the assigned Judge.
The moving party may praecipe for a judicial conciliation before the assigned Judge with the docket clerk on the third floor of the Family Court Building once they have received the report, if they wish to go forward.
In custody matters, if requested by either party or if ordered by a child custody officer, hearing officer or judge, parties may be referred for a home evaluation. The officer or judge will determine and allocate the total fee. Requests to reallocate fees will only be addressed in motions court by the assigned judge.
To speak with an experienced Allegheny County family law, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody in Allegheny County (Part 2 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.
The custody mediation session gives parents an opportunity to meet with a trained mediator to address issues related to meeting their child(ren)’s needs and to finalize a custody arrangement. Neither children nor attorneys participate in the mediation. Parents meet with a mediator for about two hours to discuss approaches to a successful parenting plan.
The goal of mediation is for parents to create their own custody plan, called a Memorandum of Understanding. Mediation is not therapy and does not include legal advice. Rather, the mediation process encourages adults to work together and to be responsible for their own parenting decisions.
Mediation sessions are confidential. The discussions during mediation cannot be recorded or copied. The mediator cannot be required to testify in court. Mediators are often attorneys or mental health professionals with advanced degrees, in addition to having basic and ongoing advanced training in mediation.
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.
What is Family Law?
At Spivak Law Firm, we provide strong, compassionate, and cost-effective representation in all family law issues. Family Law comprises a wide array of legal matters, including:
- Divorce Litigation In conventional divorce litigation, parties file suit and use the court system as a framework for litigating and negotiating issues including property division, alimony, child custody, and child support. Spivak Law Firm handles divorce litigation; we are also certified in divorce mediation and collaborative divorce.
- Child Custody Child custody refers to both major decisions regarding the child as well as where the child resides. At Spivak Law Firm, we handle all child custody matters, including: custody complaints, custody conciliations, custody trials, custody modification hearings, and custody relocation hearings.
- Protection From Abuse (PFA) A PFA is a no-contact order that aims to protect victims of domestic abuse. Pennsylvania law defines domestic abuse broadly to include physical and sexual assault, harassment, and stalking. Spivak Law Firm provides strong representation for both defendants and plaintiffs in PFA cases.
- Juvenile Delinquency This refers to the process of adjudicating juveniles accused of crimes. At Spivak Law Firm, we handle all juvenile law matters and routinely accept juvenile court appointments from the Allegheny County Office of Conflict Counsel.
- Child Support Child support payments continue until a child turns 18 or graduates from high school, whichever occurs later. In Pennsylvania, judges apply statutory guidelines to determine the amount of support payable for each child. This formula is based on several factors, including monthly after-tax incomes of the child’s parents.
- Spousal Support, Alimony Pendente Lite (APL), and Alimony These refer to financial support given by one spouse to another. Spousal support and APL are based on a fixed percentage of the differences in the net incomes or earning capacities of the spouses. Alimony is based on the reasonable needs of the dependent spouse.
- Paternity Paternity testing may be required to determine the identity of a child’s father. Establishing paternity affects several other family law issues, such as asserting custodial rights and seeking child support payments.
- Divorce Mediation A divorce mediator is a third-party neutral who aims to help parties resolve all issues related to the divorce without the financial and emotional cost that often accompanies divorce litigation. Spivak Law firm is trained and certified in divorce mediation.
- Collaborative Divorce This relatively new and progressive means of divorce avoids the courtroom in favor of allowing parties to work out agreements with the help of their attorneys. Spivak Law firm is trained and certified in collaborative divorce.
- Equitable Distribution of Marital Property This refers to the formal court process for dividing marital assets and debts based on principles of fairness.
- Adoption There are many different types of adoption, including stepparent adoption, grandparent adoption, second-parent adoption, international adoption, and surrogate-mother adoption.
- Estate Planning Estate planning includes the preparation of various important legal documents, including: wills, trusts, special-needs trusts, and powers of attorney for finances, health care and mental-health care.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Celebrities and Restraining Orders
Musician Jack White has become the latest in a long list of celebrities to receive a restraining order.
White is engaged in an ongoing child custody battle with his ex-wife who has accused him of sending her harassing emails and texts. Best known as the singer and guitarist for the Grammy Award-winning band The White Stripes, White is barred from having any contact with his children until his hearing date, which remains several weeks away.
In Pennsylvania, restraining orders are known as Protection From Abuse (PFA) orders. The PFA law permits alleged victims of domestic violence to obtain a court order secretly without giving any notice to the defendant, who may be evicted from the home and restricted from seeing his or her children until the PFA hearing usually scheduled within ten days.
In recent years, restraining orders have been granted against musicians Chris Brown, M.I.A., and Courtney Love, as well as actors Mel Gibson, Terrence Howard, and Randy Quaid. Numerous athletes have also received restraining orders, particularly NFL players such as Terrell Suggs of the Baltimore Ravens, Randy Moss of the New England Patriots, Shannon Sharpe of the Denver Broncos, Titus Young of the Detroit Lions, and Mike Logan of the Pittsburgh Steelers.
In California, actors and actres
ses commonly use restraining orders to protect themselves against stalkers. Such actors have included: Halle Berry, Sandra Bullock, Justin Timberlake, Ryan Seacrest, Tyra Banks, Audrina Partridge, Alyson Hannigan, Jeff Goldblum, and Eva Mendes.
In Pennsylvania, by contrast, a person cannot receive a PFA order against a stranger. Rather, the PFA law states that any person can get a PFA against a spouse, a live-in boyfriend or girlfriend, a parent, a child, the parent of his or her child, a former sexual or intimate partner, or any family member related by blood or marriage.
Spivak Law Firm provides strong defense at PFA hearings throughout the Greater Pittsburgh Area, including Allegheny County, Beaver County, Butler County, Westmoreland County, and Washington County. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How To Change Your Child Support Order
Child support orders can always be modified. Parents can petition the court to modify their child support order at any time based on a change in circumstance. Courts may change a child support due to any of the following factors:
- A parent’s income significantly increases or decreases;
- The child now has significant or continuing medical expenses;
- There is a change in child care;
- There is a change in medical insurance;
- The parents now live together;
- The child receiving support has turned 18 and graduated from high school;
- The child starts living with the noncustodial parent or someone other than the custodial parent
- The noncustodial parent is incarcerated
- Other substantial changes in circumstance occur
To learn more about changing your child support order, 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.
Accused of Abuse?
Spivak Law Firm routinely defends people accused of domestic violence and abuse. We defend people facing Protection From Abuse (PFA) orders and criminal charges such as simple assault, aggravated assault, harassment, stalking, terroristic threats, child abuse, and reckless endangerment. We also help people facing abuse charges assert child custody and visitation rights.
In family court, it is important to understand that credibility is everything. Someone accused of abuse instantly loses sympathy and credibility in the eyes of the court. Only a rapid, fact-based response can prevent a negative stereotype from attaching to you if you’re falsely accused of abuse. If this happens, it often helps to request a custody or psychological evaluation for both parents and the children, which some judges will order to get beneath the surface and thoroughly evaluate the truth, the dynamics of the parties, and their parenting abilities. Ideally you need to be prepared with a fact-based response to these common types of allegations from the start of the case.
If you’ve been accused of abuse, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Protecting Kids in Divorce
In Pennsylvania, courts generally frown on parents who fail to protect their children from conflicts during divorce.
If you’re engaged in a child custody dispute, protect your children from conflicts between you and your partner. Don’t say anything against your partner, no matter how provoked you might be, because anything could become evidence.
Avoid the following behavior:
- Asking your children questions about the other partner;
- Discussing court with your children or within their hearing;
- Asking your children to compare you and your partner;
- Giving your children choices between their two parents;
- Exposing your children to your negative emotions.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Defining “Income” for Child Support Cases
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 last six months.
But what is “income” for child support purposes? According to Pennsylvania law, incomes 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 public assistance and Supplemental Security Income (SSI) benefits, Social Security payments for a child, and foster care payments.
To speak with a family law attorney, contact Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.