Child Support

Father is Obligated to Pay Child Support While Son Attended College Per the Contractual Terms of a 13 Year Old Property Settlement Agreement

Aug 06, 2014

In the child support case of W.A.M. v. S.P.C., PICS Case No. 14-1058, (Pa. Super, July 2, 2014), the Honorable Eugene B. Strassburger, III writing on behalf of the appellate court ruled that the trial court did not abuse its discretion or commit an error of law by enforcing the parties’ settlement agreement regarding child […]

Father Did Not Breach Property Settlement Agreement by Withholding Consent to Pay for Son’s College Expenses

Jul 21, 2014

In the family law litigation appellate case of Mazurek vs. Russell, PICS Case No. 14-1032 (Pa Super. June 24, 2014) the Honorable Cheryl Lynn Allen writing on behalf of the Pennsylvania Superior Court held that under property settlement agreement, father reasonably withheld consent to his son’s undergraduate college enrollment. Father and mother, divorced parents of […]

ARE PAYMENTS FOR MY ADULT CHILD’S COLLEGE TUITION A FACTOR IN CONSIDERING THE AMOUNT OF MY CHILD SUPPORT OBLIGATION FOR MY MINOR CHILDREN?

Jul 02, 2014

Typically payments towards an adult child’s higher education are not considered a relevant factor in determining a parent’s child support obligation to minor children. Recently, in Mickman v. Mickman, the Supreme Court of Pennsylvania dismissed an appeal directly addressing this issue. Accordingly, the Superior Court of Pennsylvania’s decision in Horst v. Horst still controls the […]

College Payments for Adult Children Cannot be Used to Offset Current Child-Support Payments

Jun 12, 2014

On our October 25, 2013 blog we wrote that the Pennsylvania Supreme Court agreed to hear argument on whether or not college payments for adult children can be used as a credit to offset current child support payments owed for minor children. We further wrote that we will further blog the decision of this precedent […]

Child Support Guidelines Need Not Follow IRS Tax Guidelines for Allowable Expenses in Determining Child Support

Jun 06, 2014

In the child support case of Camche v. Copperman, 20-21-3146, App. Div. the father/plaintiff appealed an order that substantially denied his motion for reconsideration of an order granting an increase in child support to Mother/defendant. The panel affirmed, substantially for the reasons expressed below. It stated that the court did not err in calculating the […]

Spouse Must Adequately Demonstrate That a Higher Salary Should Be Imputed With Substantial and Credible Evidence To Increase Child Support

May 22, 2014

In the family law, child support case of Scrivanich vs. Conover (App. Div. No. 20-2-3667), the plaintiff’s husband appealed an order compelling defendant to pay $8 per week in child support, contending that the court abused its discretion by failing to find that defendant was voluntarily underemployed and by deciding to impute a higher income […]

CAN MY HUSBAND BE SENT TO PRISON IF HE DOES NOT PAY HIS FORMER WIFE CHILD SUPPORT PAYMENTS?

May 09, 2014

In Pennsylvania, a parent may to be sentenced to incarceration by the Court for not paying child support. Child support is determined based on statutory guidelines and put in place by an Order of the Court. If a party violates the Court’s Order for child support and fails the child support payments, than that party […]

No Discovery in a Post Judgment Family Law Dispute Without a Meaningful Change in Circumstances

Apr 30, 2014

In the New Jersey post judgment family law litigation matter of Bonfrancesco vs. Bonfrancesco, 20-2-3434, the plaintiff appealed an order of the Family Part, arguing that the motion judge erred by: (1) refusing to compel defendant to produce her income tax returns for three years ;(2) permitting discovery concerning his retirement benefits;(3) suggesting that defendant […]

As a divorced father, am I legally obligated to a child support while he is attending college?

Dec 12, 2013

Pursuant to Pennsylvania Rule of Civil Procedure 1910.19 a parent may seek termination of their child support obligation based on their child reaching the age of eighteen (18) or graduating from high school. Pennsylvania does not require that child support obligations continue when the child has reached the age of eighteen (18) and is attending […]

Legal Definition of Income

Nov 26, 2013

In the child support case of Duren vs. Kageos, PICS Case No. 13-3027, CCP Berks County, PA, the Honorable Mary Ann Ullman reaffirmed that Pennsylvania support law required a parent to report any and all income of any sort to Domestic Relations for child support, that such reporting was “a legal requirement and not a […]