South Hills Family Law
Served with a PFA?
If you’ve been served with a Protection from Abuse (PFA) order, you should begin preparing your defense immediately, as your PFA hearing will likely occur within just 10 days.
Spivak Law Firm provides strong, aggressive defense at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County. We work hard to protect your reputation, your job, and your child custody rights.
If you’re served with a PFA, we recommend taking the following actions:
- Call Spivak Law Firm for a free consultation.
- Avoid all contact with the plaintiff.
- Collect documentary evidence such as texts, emails, and photographs for your defense.
Served with a PFA? Call Spivak Law Firm today at (412) 344-4900 or toll free at (800) 545-9390.
Penalties for Not Paying Child Support
If you are entitled to receive child support, the system in Pennsylvania is set up to garnish wages from the paying spouse and deposit the money directly into your account.
If a parent fails to pay child support, the court may enter a judgment for the total amount of unpaid support, requiring immediate payment in full.
Failure to obey a support order of court could result in sanctions such as attorney’s fees and even imprisonment.
To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Helping Juvenile Offenders
In Pennsylvania, people under 18 who commit crimes go to family court, where the approach is more rehabilitative and less punitive. Some policy experts advocate raising the family court’s age to young adults up to 25-years-old.
“Young adults are more similar to adolescents than fully mature adults in important ways,” wrote Vincent Schiraldi and Bruce Western of the Harvard Kennedy School in a recent column published in The Washington Post. “They are more susceptible to peer pressure, less future-oriented, and more volatile in emotionally charged settings.”
Additionally, they point to “disastrous” public safety outcomes resulting from drawing a line at age 18: “For example, 78 percent of 18- to 24-year-old released from prison are rearrested and about half return to prison within three years, the highest rescidivism rate of any age cohort.”
Spivak Law Firm handles all family law and criminal defense matters. We are routinely appointed to represent juveniles in Allegheny County. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
4 Reasons to Modify Child Support
Either parent may seek to modify a child support order at any time. The moving party will need to show a substantial change of circumstances occurred since the final order was entered by the court.
What constitutes a substantial change of circumstances?
Common examples include:
- One parent gets more custody time
- One parent gets a significant pay increase
- One parent gets laid off from work
- A child seeks to participate in a new extra-curricular activity
Do not voluntarily quit a job to avoid paying child support, as a court can assign an earning capacity based on past income levels.
To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Want a PFA? Just Ask.
In Allegheny County, judges approve nearly all requests for Temporary Protection From Abuse (PFA) Orders.
Indeed, more than 90 percent of requests for a Temporary PFA are granted in all counties surrounding Pittsburgh, including: Allegheny, Beaver, Butler, Washington, and Westmoreland.
But recent reports show that a whopping 44 percent of PFA petitions were denied by judges in York County, located in South Central Pennsylvania. Public meetings have been scheduled in York County to address the disparities.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings. For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.
Pennsylvania Child Custody Laws
People commonly believe that courts favor mothers over fathers when determining child custody schedules. But Pennsylvania law does not give special preference to mothers over fathers.
In fact, many judges today believe that the ideal custody arrangement provides for an equally shared schedule in order to maximize the child’s time with both parents. The results in any child-custody dispute depend on the particular facts and circumstances of the case.
At Spivak Law Firm, we handle all child-custody matters, including: trials, conciliations, relocation hearings, and contempt actions. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Are PFA Hearings Fair?
If you’re a victim of domestic abuse, you can get a Temporary Protection From Abuse (PFA) Order against your abuser simply by telling your situation to a judge at an ex parte hearing. The alleged abuser receives no notice and may not attend the hearing.
Is this fair?
For true victims of domestic abuse, an ex parte hearing is often necessary to escape a violent relationship. But it is commonly known among family law professionals that many people abuse the PFA system just to gain leverage in child custody and divorce.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Understanding Marital Property
Q: I always drove the Toyota and my husband always drove the Ford. Both cars were bought during the marriage, but only my husband’s name is on the titles. Now that we’re getting a divorce, my husband says both cars belong to him. Is he right?
A: No. Under Pennsylvania law, virtually all property acquired by either spouse during the marriage is deemed marital property subject to equitable distribution by the court or through a marital settlement agreement. Thus, it does not matter that the cars are titled only in your husband’s name. The cars are marital property jointly owned by both spouses.
To speak with an experienced Allegheny County divorce attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Key Time Periods for Divorce in Pennsylvania
Under Pennsylvania divorce law, there are three main time periods that parties should consider:
- Six Months: Before you can file for divorce in Pennsylvania, you or your spouse must have resided in the state for at least six months.
- 90 Days: If you and your spouse consent to a divorce, you still must wait 90 days before the court will grant a final decree.
- Two Years: If one spouse does not consent to a divorce, then the spouse seeking the divorce must wait two years before requesting a final decree. Currently Pennsylvania is considering legislation to reduce the waiting period to one year.
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.
Domestic Violence on Thanksgiving
Police frequently receive an increase in domestic violence calls and family feuds on Thanksgiving.
Holidays can be stressful. Family tension mixed with alcohol can lead to dangerous situations.
Domestic-violence experts recommend identifying easy exits and establishing code words with children who can run to neighbors for help if problems escalate.
If things get out of hand verbally or physically, don’t hesitate to leave the family gathering earlier than planned.
Spivak Law Firm provides aggressive representation for plaintiffs and defendants at PFA hearings and all criminal domestic-violence cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.