Pittsburgh Parental Alienation Lawyer
Enforcing Divorce Agreements
You may avoid mediation, court hearings, and costly attorney fees by simply negotiating a Marriage Settlement Agreement with your ex.
At the time you finalize the divorce, you may ask the court to merge the Agreement into the final divorce decree. The Agreement becomes a contract between you and your ex. If your ex violates its terms, you may remedy the violation by seeking damages.
Keep in mind that it is easier to address violations of the Agreement if it has been incorporated into the final decree. When incorporated, it becomes an official court order that may be enforced through contempt powers of the court.
Spivak Law Firm routinely handles divorce, equitable distribution, and drafting Marriage Settlement Agreements. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody Tips For Memorial Day Weekend
While holidays offer parents an opportunity for quality time with their children, they also often involve issues such as fitting a vacation around the other parent’s schedule and giving up some time for the other’s sake.
Here are some valuable tips to help you have a great holiday:
- Stick to the plan: If you agreed to a parenting or custody plan, you should try to stick to it as much as possible.
- Plan ahead: Avoid misunderstandings and disagreements about who has the kids by discussing it with your ex in advance.
- Maintain contact: Regardless of whether your child is with you or the other parent, it is vital for the child to stay connected with the parent who is not present.
Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings.
To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody Schedules
If you and your ex have a child custody order but follow a completely different schedule, you should consider updating your order.
For instance, your order stipulates that you have your children every other weekend, but you and your ex actually share custody of the children on a week on/week off arrangement.
You may think there is no need to update your current order, since you and your ex are following a schedule without issue. But if conflict arises, your ex could revert back to the custody order and withhold the children from you.
Based in Pittsburgh, Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, spousal support, equitable distribution, and Protection From Abuse (PFA). To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody: Parenting Together
Under Pennsylvania law, the standard for determining child custody schedules is “the best interest of the child.”
Your judge may be hesitant to grant shared custody in high-conflict cases, so it is important to try and work together with the other parent. Demonstrate to the judge that the two of you communicate well enough to facilitate exchanges and ensure the welfare of your child.
Unless there has been a history of domestic abuse, it will also work against your custody case if the judge finds that you discourage your child from fostering a relationship with the other parent. If it is time for the custody exchange and your child does not want to leave, encourage them to go and that they will have a good time.
To speak with an experienced child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody for Dads
Do courts always give Moms custody?
No. Times have changed; the children do not automatically go to Moms after separation. In many cases, judges award shared custody schedules or even award Dads primary physical custody.
Pennsylvania courts decide custody in the best interests of the children by weighing sixteen factors. Among the factors, your judge will consider the level of conflict between you and your ex, the distance between your residences, and your respective work schedules. But gender preference is not among the sixteen factors.
Under Pennsylvania law, Dads have as many rights as Moms to the custody of their children. In Allegheny County, judges commonly award shared custody schedules that provide each parent equal time with the kids.
To speak with an experienced child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Divorce and Marital Assets
Q: I think that my spouse is hiding marital assets – what should I do?
A: If you suspect that your spouse is hiding or misrepresenting the value of marital assets, your divorce attorney can investigate by initiating a formal discovery process.
Divorcing spouses are required to exchange documentation proving the value of marital assets, the amount of marital debt, and the incomes of both spouses. The discovery process compels the spouse to release all relevant documentation regarding marital assets, debts, and income.
Although discovery can be time-consuming, it is sometimes necessary to uncover a spouse’s hidden assets.
Spivak Law Firm provides experienced counsel to help you navigate the divorce process in a way that protects your interests. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Factors for Creating a Child Custody Schedule
You and your ex are best positioned to create a child custody schedule, particularly because you know what will be in your child’s best interests. The following factors are important to consider when creating a custody schedule:
- The age of the child;
- Medical, educational, and social needs of the child;
- Sibling relationships;
- The child’s school schedule;
- The child’s extracurricular activity schedule;
- Your work schedule;
- Your ex-spouse’s work schedule;
- The distance for exchanges;
- Your ability to communicate effectively with your ex-spouse.
Even though you may agree on a schedule with your ex, it is critical that you fully understand your rights before entering into a custody agreement. It’s possible that you are agreeing to a schedule that will substantially restrict your rights as a parent.
To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Alimony and Tax Benefits in Pennsylvania
Alimony represents the payments a higher-earning spouse makes to a lower-earning spouse after their divorce has been finalized.
Historically, the spouse making the payments could deduct alimony on his or her taxes. The spouse receiving the payments had to include the income for tax purposes. Thus, the paying spouse received a tax benefit.
Under the new law, which takes effect on January 1, 2019, alimony payments will no longer be deductible for the payor nor taxable for the receipient. Thus the spouse receiving the alimony payments will also get the tax benefit.
If you are considering a divorce, it may benefit you to wait for the new tax law to take effect or to finalize your divorce in advance.
Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, spousal support, alimony, division of assets and debts, and Protection From Abuse (PFA). To schedule an appointment, call (412) 344-4900 or toll free at (800) 545-9390.
Divorce: Tips For Protecting Your Kids
Divorce can be emotionally painful and traumatizing, especially for children.
Here are tips for protecting your kids as you go through divorce:
- When you break the news to your children, be prepared to comfort and reassure them.
- Encourage your children to be honest with their thoughts and feelings.
- Provide consistency and routine for your children to avoid major disruptions in their school and social life.
- Try to avoid major changes and transitions so your children have time to adjust.
Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, spousal support, Protection From Abuse (PFA), and Children Youth and Families (CYF). To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Pennsylvania Expands Child Custody Laws
Pennsylvania has enacted a new law that expands the right of third parties to seek custody of a child.
Current law restricts custody actions to parents and grandparents. Under the new law, which will take effect in July 2018, any individual may seek custody of a child so long as it is shown by clear and convincing evidence that:
- The individual assumed or is willing to assume responsibility for the child;
- The individual has a sustained, substantial and sincere interest in the welfare of the child;
- Neither parent has any form of care or control of the child.
The change in the law is expected to open the door to many new custody complaints by people who may not be physically related to the child but played a significant role in their upbringing and development.
Spivak Law Firm handles all area of family law with a special focus on child custody. To schedule a consultation with an experienced child-custody lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.