AAML Pennsylvania Chapter Blog

How Digital Assets Are Reshaping Divorce Discovery

Wed, 11 Mar 2026 19:11:32 GMT

This article is provided by Crossover Capital, AAML Pennsylvania Gold Partner.

Traditional divorce discovery frameworks were designed around bank accounts, brokerage statements, retirement plans, and real property. Today, a growing share of marital wealth exists in digital form, often outside the visibility of standard financial disclosures. The rise of digital assets has introduced a level of complexity that legacy discovery processes were never built to handle.

In our recent Forbes article, How Digital Assets Are Reshaping Divorce Discovery, Alex Pron, founder of Crossover Capital, details:

How digital asset custody affects discovery
Red flags family law attorneys should look out for
How to build a digital asset discovery framework
Valuation, equitable division, and tax implications
Disclosure requirements

https://www.forbes.com/councils/forbesbusinesscouncil/2026/03/02/how-digital-assets-are-reshaping-divorce-discovery/

Matrimonial Lawyers and Financial Advisors are both in the Anxiety Reduction Business

Kelsey Peake — Tue, 18 Nov 2025 21:46:58 GMT

This article is provided by Conservest, AAML Pennsylvania Platinum Partner.

Divorce is not only an emotional process, it’s one of the most complex financial events most people will face. Matrimonial lawyers are skilled at navigating the legal aspects of separation, but the financial implications of dividing assets, liabilities, and potential future income streams often require specialized expertise. This is why close coordination between financial advisors and matrimonial lawyers at the beginning of a divorce case is so critical.

When lawyers and financial advisors work together from the start, they can create a coordinated plan that aligns legal rights with financial realities. Lawyers ensure compliance with divorce laws and advocate for their client’s best interests in settlement negotiations. Meanwhile, financial advisors can model the long-term consequences of settlement options. Whether it’s dividing retirement accounts, determining spousal support, or deciding whether to sell the family home(s). Without this partnership, clients may accept terms that look favorable in the short term but can be unsustainable over time.

Divorce cases can involve complex financial assets such as stock options, private business ownership, pension benefits, or investment portfolios. Lawyers will identify these assets, but financial advisors are best positioned to value them accurately, access tax implications, and project future returns. By working together, the legal team guarantees nothing is overlooked, and the financial team verifies assets are properly valued and the risk profile is properly understood. The proactive approach minimizes surprises and reduces the risk of post-divorce litigation.

The end goal of divorce is a fair settlement and a strong foundation for the client’s new financial life. A financial advisor helps the client transition from the old reality to the new one by creating budgets, investment strategies, and retirement plans. When guided by legal protections secured by the lawyer, these plans provide clients the confidence to move forward.

Reach out to Conservest to see how their team can help you today!

The Pennsylvania Supreme Court Expands the Legal Definition of Parenthood

Kelsey Peake — Tue, 25 Mar 2025 03:36:50 GMT

This is a re-post of an article by Zoe Greenberg, originally published on March 21, 2025, via the Philadelphia Inquirer.

The decision in Glover v. Junior was seen as a win for LGBTQ families and those using assisted reproductive technology.

The Pennsylvania Supreme Court issued a landmark decision on Thursday that established a new pathway to legal parenthood in the state.

The High Court ruled that in situations where aspiring parents use assisted reproductive technology, like IVF, with the intent to conceive and co-parent a child together, they have effectively proven that they are parents. They do not need to sign a formal contract or share genetics with the child to establish their legal parenthood.

“We believe the time has come for our law to embrace a fifth pathway to parentage,” the justices wrote in the majority opinion. “It is apparent that in some ways, parents who conceive using [assisted reproductive technology] essentially demonstrate their stability and dedication to a child by going through a more rigorous, time-consuming, and expensive process to conceive a child than do many parents who conceive through sexual intercourse.”

Pennsylvania does not have any statutes defining parentage, so it has largely been left to the courts to decide. The decision was heralded by LGBTQ groups and family law advocates as a major victory.

“We’re elated,” said Helen Casale, an attorney who co-authored the American Academy of Matrimonial Lawyers amicus brief in the case. “It protects all families in Pennsylvania that need to use assisted reproductive technology to start their families.”

The decision marked the likely end of a bruising three-year legal battle.

The case centered on Chanel Glover and Nicole Junior, a married lesbian couple who decided to conceive using IVF. They determined that Glover would become pregnant, and chose a sperm donor who shared traits with Junior. They went through the long, expensive fertility process together.

But the couple’s marriage deteriorated before their baby was born. In April 2022, Glover filed for divorce. Junior filed a petition asking the court to recognize her as a parent to their unborn child.

Soon after, a family court judge ruled in Junior’s favor, deciding that she was a legal parent to the child. Glover appealed to the Superior Court, which eventually agreed to hear the case en banc—a rare kind of session reserved for especially significant and complex cases, where nine judges are present.

In December 2023, the Superior Court ruled that Junior was indeed a legal parent for multiple reasons, including “intent-based parentage.” The ruling set a precedent, and meant that courts would take into account the intentions and actions of parents before, during, and after conception to determine legal parenthood.

Glover appealed again. On Thursday, the Supreme Court of Pennsylvania affirmed the Superior Court’s decision, rejecting the idea that couples using assisted reproduction should have to sign a formal contract.

“The decision made within a loving couple to have a baby is generally not a quid pro quo,” the Court wrote. “We prefer to recognize a more dignified means to establish parentage.”

“It’s pretty incredible,” said Megan Watson, an attorney at BKW Family Law who represented Junior. “It’s a decision that supports families.”

Watson said she aimed to return to Family Court as soon as possible to figure out a custody arrangement.

At the center of the precedent are Glover and Junior and a little boy who is almost three years old. Glover did not respond to requests for comment, though her attorney, Barbara Schneider, said in an interview they were considering their options.

Schneider expressed concern that the new legal framework would require courts to decide intent case by case, muddying the issue rather than clarifying it.

“I just think it’s an issue that should be properly left for the legislature,” Schneider said.

A bill to define parentage in Pennsylvania died in a Senate committee last year, though lawmakers plan to reintroduce it this year.

More than that, Schneider said, she felt her client’s voice was lost in what became a politically charged case about LGBTQ rights.

Junior was wrestling with her own reaction to her victory. On the one hand, she was overwhelmed with joy, thinking about the other people who would not have to go through what she did to prove she was a parent.

But she was also still grieving. The only time she has seen her son was in a grainy sonogram photo from before he was born.

“Despite this big win on behalf of families, if I can just be honest, I am also reminded of the three years — three years — our son has been denied my love, care, and stability,” she said.

Her grandmother died in January, without ever getting to meet him. Though Junior longs to hold her son, read to him, cook for him, tuck him in at night, she has no illusions that it will be easy to erase the last three bitter years.

Still, her eyes were now on the future.

“For me,” she said, “the next step is seeing my son.”

Webinar on March 25 – Use of Arbitration for Pendente Lite Matters

Thu, 06 Mar 2025 02:12:43 GMT

With case backlogs, judge shortages, and mandatory time limitations, it is challenging to have pendente lite matters heard. As a result, discovery disputes, temporary support motions, and custody issues are often delayed in favor of ongoing trials. Many of these issues can and should be addressed in private arbitration. Hear from experienced arbitrators on how they have been able to hear and resolve pre-judgment disputes through the arbitration process.

CLICK HERE TO REGISTER

March 25
12 – 1 p.m. (Central Time) – 1 Hour CLE
$50 (Fellows) – Login Required | $75 (Non-Fellows)

Speakers

Paul Tusch
Cacace Tusch Santagata

Richard Diamond
Diamond & Diamond P.A.

Inquiries: office@aaml.org

HB 1210 Signed into Law as Act 146 of 2024

Kelsey Peake — Mon, 18 Nov 2024 17:24:13 GMT

HB 1210 was signed into law on November 18, 2024, becoming Act 146 of 2024. The Act amends 23 Pa. C.S.A. § 6108 to give judges in PFA actions the authority to grant temporary ownership rights to a pet (referred to as a “companion animal” in the bill). It also allows judges to direct a defendant to refrain from possessing, contacting, attempting to contact, transferring, or relocating the animal, as well as from contacting or entering the property of any person sheltering the animal.

The Act goes into effect on Friday, January 17, 2025.

The text of the Act will be available soon at the following link: Act 146 of 2024. A copy of the bill is also accessible at the same link.

Family Law Arbitration—A Guide for Providing Sound Counsel to Litigants

Kelsey Peake — Wed, 30 Oct 2024 20:26:34 GMT

by Amy J. Amundsen and Carolyn Moran Zack

Introduction

In the 1989 classic film “Field of Dreams,” Iowa corn farmer Ray Kinsella envisions a baseball diamond in his cornfield with baseball legend “Shoeless” Joe Jackson standing in the middle and then hears a voice whispering, “If you build it, he will come.” After Ray and his wife Annie plow under their corn crop to build a baseball field, they risk financial hardship, but with the support of some imaginary and real-life characters, they persevere. In addition to reconnecting with his father, Ray finds economic success and personal fulfillment as hundreds of people arrive and pay to watch the National Pastime.

The phrase “If you build it …” has become a metaphor for the law of attraction, which suggests that using long-term goals to make specific, concrete changes in the present will help you to achieve those goals. Achieving resolution of family law disputes privately, more quickly, more cheaply, and with less adversarial posturing, are goals shared by family lawyers and their clients. Family law arbitration, which is the process by which parties voluntarily submit their claims for adjudication to a third-party neutral, allows parties to effectuate these goals.1 By recognizing the benefits of family law arbitration and encouraging clients to use this process routinely, family lawyers can shift away from the litigation forum into a trend-setting confidential forum of arbitration. With more family lawyers striving to reap the myriad benefits resulting from family law arbitration, trying it out in their cases, and working together to improve the applicable laws and rules, this method of resolving disputes may become the new field of dreams.

This article will help family lawyers guide clients who are trying to decide whether arbitration is appropriate for their case. Part I discusses what lawyers need to know to propose arbitration to their clients and opposing lawyers, including trends and research in favor of arbitration, the laws applicable to arbitration, the cases or issues that are appropriate for arbitration, and its advantages and disadvantages. Part II addresses the essential components of an arbitration agreement, including considerations for child-related awards, and distinguishes private judging. Part III gives an overview of the arbitration process. Part IV discusses techniques that can be used, including final-offer arbitration, mediation-arbitration, singleissue arbitration, and a panel of arbitrators. Finally, Part V argues in favor of the need for family law-specific legislation or rules to provide more reliability in the process and to protect the interests of family law participants.

View the full article here, beginning on page 65.

October 22, 2024: AAML Pennsylvania Chapter Fellows Robb Bunde and Carolyn Zack attended the ceremonial signing of the Pennsylvania Family Law Arbitration Act by Governor Josh Shapiro

Kelsey Peake — Tue, 22 Oct 2024 20:19:18 GMT

AAML Pennsylvania Chapter Fellows Robb Bunde and Carolyn Zack attended the ceremonial signing of the Pennsylvania Family Law Arbitration Act by Governor Josh Shapiro on October 22, 2024. Also pictured are Anna King (Director of Legislative Affairs for the PBA); Representative Melissa Shusterman (prime sponsor of the bill); David Vitali; Tim Clawges (House Judiciary Committee Executive Director); Representative Liz Hanbidge; Representative Kate Klunk; and Representative Tina Davis. Robb and Carolyn led a four-year effort by the Pennsylvania Bar Association’s Family Law Section to promote family law-specific arbitration legislation to improve the arbitration process for family law participants. On March 14, 2024, the AAML Board of Governors adopted a resolution to, among other things, encourage each state’s AAML chapter to work with their legislature to introduce the Uniform Family Law Arbitration Act (“UFLAA”), with modifications as appropriate to codify or incorporate any established family law arbitration caselaw, statutes, policies or procedures, and with the goal of helping family law litigants resolve their matters expeditiously, competently, cost efficiently, and confidentially in this alternative dispute forum. Pennsylvania is the latest state to adopt the UFLAA.

Leveraging Your Expert in Preparing Marital Settlement Agreements

Kelsey Peake — Wed, 16 Oct 2024 20:33:26 GMT

By Gregory Kohr, Partner, Marcum LLP and Noel Capuano, Director, Marcum LLP | AAML Pennsylvania Platinum Partner

Imagine you and your client have spent countless hours attempting to negotiate a settlement in their matrimonial matter, and FINALLY, a resolution has been reached. Now is a chance to breathe since the hard part is over, right? Unfortunately, that may be far from the case.

While it may seem that the preparation of the Marital Settlement Agreement (“MSA”) is a straightforward process memorializing the terms that the parties agreed to, the fact is “the devil is in the details.” Choice of terminology, references to specific calculations/methods (or omission of same), and a variety of potential pitfalls can, and have, caused misunderstandings and misinterpretations, landing the parties back to where they started - in litigation. Cases with complex financial issues frequently utilize a forensic accounting expert to bring clarity to the process. In almost all of these cases, leveraging the services of a financial expert is an invaluable but often underutilized resource when preparing the MSA.

The following are sections of the MSA, but certainly not all, where vague or missing language may lead to unforeseen complications down the road:

Business Valuation

When one spouse owns an interest in a business, all or part of the business is considered part of the marital estate and may be subject to equitable distribution. In almost all of these instances, a business valuation, whether formal or informal, is necessary for several reasons. First and foremost, while the owner spouse will likely retain the business, the non-recipient spouse needs an understanding of what their equitable "share" of the business is worth to understand what they will receive. The MSA should reference the business value and the value of the asset(s) the non-recipient spouse will receive

in lieu of the business interest. The terms should be explicitly referenced in the agreement in order to preclude the parties from having "selective memory" years down the road.

It should also be noted that some businesses have no value; they provide a job for the owner and nothing more. This does not mean the business should not be referenced in the MSA; instead, it should be noted that 1) the business was considered, but 2) it was determined to have no value and was therefore not considered in determining the marital estate.

Alimony/Income Determination

Careful consideration should be taken when defining "income" for purposes of calculating alimony, and each component should be clearly laid out in the MSA. If one or both parties are W-2 wage earners, determining alimony should be relatively straightforward. The challenge comes when a spouse is self-employed or has a more complex compensation structure.

If a spouse is self-employed, their income may be derived in the form of various expenses paid through the business, such as auto, personal credit cards, life insurance, etc. (known as perquisites). They may also own the building from which the company operates, giving rise to rental income. All of these economic benefits need to be considered for alimony purposes. Additionally, recognition needs to be given to the fact that the business owner can potentially manipulate their income in the process of what is commonly referred to as "divorce planning." An example would be a sudden decline in revenue that the owner attributes to external factors (competition, economy, etc.) when, in reality, they are simply working less. An accountant is frequently engaged in these cases to determine the business owners’ true economic benefit.

Equity-Based Compensation

This issue comes up so frequently that it deserves further discussion. It is imperative to understand the type of equity-based compensation, how it is awarded/granted, how/when it vests, and how it is ultimately received. We have seen instances where equity-based compensation was defined incorrectly in the MSA, leading to complications when facilitating equitable distribution. Further, it should be noted that the existence of a grant/award of stock options or RSUs does not guarantee receipt of the same, as these forms of equity-based compensation can be subject to both vesting schedules and forfeitures. If the recipient spouse’s employment is terminated prior to vesting, they cannot monetize the awards, and alimony or equitable distribution could be impacted. The MSA should include language that explicitly addresses these potential situations to avoid surprises in the years to come.

Tax True-up Calculation

There are instances where one spouse has an asset that cannot be easily liquidated or divided for equitable distribution. In those cases, the non-asset-owning spouse will likely have to "ride along" until the asset is disposed of. When this occurs, there is often a tax consequence due to the owner spouse reporting pass-through taxable income. This gives rise to an inequity in that the asset-owning spouse will be responsible for 100% of the tax obligation for an asset that was to be divided as part of equitable distribution. Language is necessary in the MSA to lay out how a tax true-up will be calculated. The language should be detailed and specific to avoid misinterpretation, and the non-asset-owning spouse's personal tax preparer can verify the calculations are correct. Utilizing your financial expert will make this process easier for counsel and the parties to understand.

While accountants are often involved in determining business value and income, their experience and familiarity with the case can be a valuable resource when drafting the MSA and minimizing the potential for post-judgment disputes in the future.

AAML Pennsylvania: Friend of the Court Brief for Glover v. Junior

Kelsey Peake — Wed, 19 Jun 2024 14:32:21 GMT

AAML Pennsylvania recently filed a friend-of-the-court brief for Glover v. Junior, urging the Pennsylvania Supreme Court to issue a ruling protecting a lesbian mother’s parental status. This brief was cited in an article recently published by GLBTQ Legal Advocates & Defenders (GLAD).

Read the full article here.

2024: THE AAML Eric D. Turner Award

Kelsey Peake — Thu, 13 Jun 2024 19:39:26 GMT

THE AAML ERIC D. TURNER AWARD is sponsored by the Pennsylvania Chapter of the American Academy of Matrimonial Lawyers. A $1,000 cash award is given to one third year law student from each of Pennsylvania’s law schools who, in the opinion of the Law School’s faculty, best demonstrates the positive attributes of a matrimonial lawyer: academic excellence; competence as practitioner; commitment to the practice and development of family law, including assisting the indigent and improving the quality of the administration of justice in the field of family law; and meeting the highest standards for ethical behavior.

This Award was created to honor and remember Eric D. Turner, a highly respected and beloved Fellow of the Pennsylvania Chapter of the American Academy of Matrimonial Lawyers. Since its inception in 2000, following Eric’s untimely passing, the Pennsylvania Chapter of the AAML has awarded over $80,000 in scholarships to third year law students attending schools in Pennsylvania.

Our purpose in creating and maintaining this award is to encourage law students to enter the field of family law. Many of our award recipients have in fact obtained employment with prestigious family law firms and have successful careers in family law.

The award is administered by Fellows Stephanie H. Winegrad of Obermayer Rebmann Maxwell & Hippel and Colleen M. Neary, Esquire, of Media, PA. Ms. Neary has been a Fellow of the American Academy since 2003 and practices primarily in Delaware County, PA. Ms. Winegrad has been a Fellow of the American Academy since 2013 and practices family law in Montgomery County, PA.

Unlocking True Value: The Critical Role of Normalization Adjustments in Business Valuations

Kelsey Peake — Mon, 20 May 2024 16:51:39 GMT

By Syndey Weber, Marcum LLP | AAML Pennsylvania Platinum Partner

Normalization adjustments are an essential component of any business valuation. They are necessary to ensure that the operational results and financial position as reflected on the subject company’s financial statements or tax returns accurately indicate the anticipated profit or loss on a going-forward basis. Valuation experts make normalization adjustments to the income statement to eliminate expenses that are non-recurring or unrelated to the business, as well as to properly account for expenses such as rent or officer compensation that may not be accurately reflected. Adjustments may also be made to the balance sheet in order to remove non-operating assets or adjust assets to fair market value. This article focuses on adjustments commonly made to the income statement.

The first step in normalizing the income statement is to determine the unadjusted Earnings Before Interest, Taxes, Depreciation, and Amortization, or EBITDA, a key indicator of the profitability of a business. To do so, all interest, tax, depreciation, and amortization expenses are added back to the business’s reported net income. Once these preliminary adjustments are complete, the normalization adjustments are made to reach normalized EBITDA.

Following are some of the more common income statement normalization adjustments:

Reasonable Compensation: In closely-held businesses, the owner typically draws a salary that may be considered “discretionary”. If the business is a sole proprietorship, the owner does not receive a salary at all. To ensure the business’s normalized EBITDA is accurately represented, it is necessary to make an adjustment reflecting the market rate that would be paid to a non-owner providing the same services. In this adjustment, the officer’s compensation reported on the income statement is added back to net income, and the reasonable compensation determined by the valuation expert through industry research is deducted. This adjustment removes the impact caused by a business owner receiving profits as a salary. It ensures EBITDA is not overstated by reflecting the appropriate market rate of compensation for the owner’s services.
Discretionary Expenses: Adjustments need to be made for expenses paid through the business that are not essential to its operations. Generally, any expense that would not be necessary for a potential buyer to incur to maintain the business’s operations should be added back to the reported net income. The types of discretionary disbursements that are adjusted can vary depending on the nature of the business. They may include all or a portion of travel and auto, meals, entertainment, club dues, and credit card charges. Following discussions with the business owner, expenses may be deemed partially discretionary in certain circumstances. In this case, a percentage is often applied. Additionally, discretionary expenses that may not be immediately apparent to the valuation expert can usually be identified through discussions with the business owner. It is important to note that an expense that may be deductible for tax purposes could still be classified as discretionary for valuation purposes.
Rent Expense: When the real estate from which the business operates is owned by the business owner personally or through a related entity, the rent charged to the business may not be representative of the fair market, meaning the business is paying either more or less than would be paid to an independent third party. A real estate appraiser generally determines fair market rent. If the business pays an amount over fair market rent, the excess would be added back to net income. Conversely, the differential would reduce net income if the amount paid is below fair market rent.
Non-Recurring Income and Expenses: Any reported income or expenses that are not expected to recur in the future can skew EBITDA and should be adjusted. The adjustment for a non-recurring income or expense item would decrease or increase net income, respectively. Examples of non-recurring income and expenses include settlement fees for legal actions, one-time expenses for repairs or maintenance, income or loss from discontinued operations, and gains or losses on sales of assets or other investments.

Income statement normalization adjustments play a vital role in determining a business’s expected ongoing operational performance. These adjustments help ensure the conclusion of value is both reasonable and adequately supported.

Endorses Family Law Arbitration as Vital Alternative to Traditional Litigation

Kelsey Peake — Fri, 10 May 2024 16:59:53 GMT

American Academy of Matrimonial Lawyers (AAML) Issues Resolution: Endorses Family Law Arbitration as Vital Alternative to Traditional Litigation

CHICAGO, April 17, 2024 ― The American Academy of Matrimonial Lawyers (AAML) has issued a resolution reaffirming its support for the use of arbitration in divorce and family law matters. The endorsement comes as part of a resolution adopted by the AAML Board of Governors on March 14, 2024.

Founded in 1962, AAML has been a leader in the field of family law, committed to promoting professionalism and excellence. President J. Benjamin Stevens emphasizes, "Arbitration offers families a quicker, more cost-effective and flexible alternative to traditional litigation. It empowers them to resolve disputes with greater efficiency and privacy."

The resolution underscores AAML’s commitment to advocating for legislation that addresses the unique needs of vulnerable family law participants. President Stevens noted, "Our endorsement of the Uniform Family Law Arbitration Act highlights our dedication to ensuring that arbitration processes safeguard the rights of all parties involved."

AAML’s resolution encourages states without family law-specific arbitration statutes to consider adopting the Uniform Family Law Arbitration Act. "We urge states to align their legislation with established caselaw and procedures to provide families with fair and efficient avenues for resolving their legal matters," said President Stevens.

AAML calls upon the judiciary across the nation to support and encourage the use of arbitration in family law cases. "By embracing arbitration, we can expedite proceedings and minimize the emotional toll on families involved," added President Stevens.

The AAML's endorsement of family law arbitration reflects its ongoing commitment to advancing the practice of family law and ensuring access to justice for all families. The full AAML resolution can be found here on the AAML website.

About the American Academy of Matrimonial Lawyers

Founded in 1962, the mission of the American Academy of Matrimonial Lawyers (AAML) is to provide leadership that promotes the highest degree of professionalism and excellence in the practice of family law. Comprised of the top 1,200+ matrimonial attorneys throughout the nation, members are recognized experts in the specialized areas of matrimonial law, including divorce, prenuptial agreements, legal separation, annulment, custody, property valuation and division, support and the rights of unmarried couples. For more information, visit www.aaml.org.

Defining the Role of the Expert

Kelsey Peake — Wed, 03 Apr 2024 20:05:16 GMT

By Zachary Petersen, CPA, CVA, CFE, Marcum LLP | AAML Pennsylvania Platinum Partner

Imagine you are the owner of a famous and well-respected restaurant. In your employ are master chefs and culinary experts covering a range of different backgrounds and techniques. Among them are a saucier, creating various sauces used throughout the menu, and a pasta chef, responsible for imagining and delivering some of the menu’s entrees. There is also a pastry chef and a chocolatier, together creating beautiful and imaginative desserts. And, of course, you have a sommelier to select the perfect wines to pair with each dish.

Each night, the kitchen is tasked with providing a top-notch experience to the guests, with a menu that changes regularly. Every dish is thoughtful and well-executed. Each specialist works together to build a memorable experience and must know their role in relation to each other to deliver excellence.

Now imagine each dining experience is its own case, and you, as the owner, are the attorney responsible for delivering excellence to your customers (clients). You must direct your team and understand the capabilities and limitations of each member to produce an effective and cohesive approach.

Likewise, litigation can require several different experts in different fields to build the arguments necessary to prevail. Experts are necessary to review the facts, parse the technical requirements in their field, and provide an analysis or opinion based on their work. A chocolatier will not be qualified to present wine pairings for the guests in the same way that a financial expert cannot opine on the adequacy of manufacturing safeguards. Generally, professional standards expressly prohibit opinions on matters outside the expert’s scope. Although the expert may have a general understanding of how effective manufacturing safeguards can reduce overall risk to a business, they cannot be expected to deliver an opinion on what policies, procedures, and equipment are considered effective.

Depending on the facts of the case, much like our imaginary kitchen, several different experts may be needed to provide analyses within their specialties to provide a comprehensive and effective service to the client. Although a financial expert can certainly serve as your only expert if all relevant issues fall within the scope of that individual’s field of expertise, you should still consider carefully. Some issues may seem like concepts on which your expert can provide an opinion, but sometimes, they fall outside that scope of expertise or veer into legal determinations.

It is also vital that each expert is informed of their specific role for what they are being asked to do, even if the task is already within their field of expertise. If the kitchen has a theme for the evening, such as “An Evening in Tokyo," you probably wouldn’t want your pasta chef delivering authentic German spaetzle that night. Similarly, although a valuation expert can provide the value of a business under the fair market value standard, complete with a formalized report, if the jurisdiction governing the dispute only allows the use of the fair value standard or if valuation schedules would have sufficed for settlement purposes, the expert will have ultimately spent extra time developing valuation discounts or writing a report, to provide a conclusion of value that would not be appropriate for the client’s needs.

Experts, particularly financial experts, are a powerful tool for litigants and their attorneys. However, we, as experts, must be careful in providing opinions that are within the realm of our expertise. It is required, both from a legal standpoint and from the rules set forth by the associations we are members of. It is essential that experts, attorneys, and clients are all on the same page regarding what we can and cannot address. Being as specific as possible helps ensure our work is unambiguous, appropriate for the client's needs, and within the confines of our expertise and professional requirements.

So, next time you engage an expert or are engaged as an expert, make sure the expectations are clear to all parties, both verbally and in an engagement letter, as to what the expert is being asked to do. You’ll find better client outcomes and just might save everyone a headache.

Lifestyle Analysis: A Key to Equitable Divorce Agreements Marital Lifestyle (Analysis)

Kelsey Peake — Mon, 12 Feb 2024 17:33:45 GMT

By Marcum LLP | AAML Pennsylvania Platinum Partner

The marital lifestyle or the standard of living experienced when a couple resides together during marriage can be a crucial element in divorce proceedings. Financially, how did the couple live while they were married? What amount and type of income support this lifestyle? How much alimony/child support should be awarded to sustain this lifestyle? These questions can be answered by engaging a forensic accountant to perform a lifestyle analysis.

What is a Lifestyle Analysis, and What Does it Provide?

A Lifestyle Analysis is a thorough examination of the standard of living that a couple enjoyed during their marriage. This analysis is crucial to help establish a factual basis for the couple’s spending and saving patterns and overall financial status. Forensic accountants can paint a factual picture of the marital lifestyle and expected future spending through a diligent review of historical financial records such as bank, credit card, and investment account statements, as well as tax returns, property records, and loan documents, to name a few.

By reviewing the above documents and interviewing the spouse who manages the financials (if that is a feasible option), a Lifestyle Analysis can play a crucial role in the divorce process, especially when it comes to the calculation of alimony/child support, uncovering hidden assets, and identifying various sources of income.

Spending:

A look into historical spending from a party’s marriage can provide a benchmark for the future spending of each person. A review of the bank statements allows a forensic accountant to categorize individual transactions into the income and expense categories identified from the Case Information Sheet, taking into consideration the following:

Spending of the parties both individually and jointly.
Recurring and non-recurring expenses.
Dissipation of marital assets (depletion of marital funds), if any.

All of the above considerations can paint a picture of the amount required to maintain a similar standard of living post-divorce to help the parties and their attorneys determine alimony and/or child support payments.

Hidden Assets:

During a divorce, it is not unusual for one party to attempt to conceal certain assets from the equitable distribution process. Through a review of bank statements provided, forensic accountants can uncover various hidden assets by analyzing transactions within the account statements, such as the following:

Transfers to additional bank/investment accounts not known by one of the parties.
Payments to loan institutions uncovering additional assets purchased during the marriage.
Transfers of money to corporations or entities for investment in their business.

Uncovering hidden assets is essential to ensure a fair and equitable division of property during a divorce. Even though parties are required to be transparent in their financial disclosure, a thorough lifestyle analysis is an essential step in ensuring that all assets are on the table and considered during divorce proceedings.

Other Sources of Income / Earning Habits:

The Lifestyle Analysis can also provide insight into additional sources of income that may not have been disclosed, including but not limited to the following:

Spending in excess of reported income without accumulating debt can indicate additional, undisclosed sources of income or assets.
Review of the income tax returns can identify investment income such as interest, dividends, and capital gains. These income sources can also be identified and confirmed through analysis of bank statements.
Direct deposits from additional employment unknown to one party.

Once the entirety of income is disclosed, there is a clearer picture of the true funds required to support the standard of living of the parties.

The above discussion is a glimpse of why a well-prepared lifestyle analysis can be essential in ensuring all income and expenses are identified during divorce proceedings. It helps to ensure the likelihood of an equitable settlement by revealing any discrepancies between the lifestyle maintained and the income and assets reported. It can also help the court make informed decisions based on the true economic partnership of the marriage, ensuring the dissolution process is not only legally sound but also adheres to the principles of fairness and equity for both individuals as they transition to their new, independent lives.

The Importance of Accurate Reasonable Compensation

Kelsey Peake — Fri, 08 Dec 2023 21:47:17 GMT

By Christopher Byrnes, MBA, Marcum LLP | AAML Pennsylvania Platinum Partner

Accuracy is not just a goal in business valuation—it's a necessity. Marcum LLP performs valuations regularly and understands that precise calculations and judicious adjustments are essential for reliable valuations. One of the most critical adjustments we make is determining 'reasonable compensation' for business owners, an aspect often overlooked yet vital for presenting an authentic financial portrait. This article delves into the nuances of reasonable compensation and its profound impact on business valuation, sharing why it must be carefully assessed to reflect the true economic health of a company.

Reasonable compensation is a critical adjustment in a business valuation as it ensures that the profit/loss recorded by the business reflects the true economic picture by adjusting for the appropriate level of compensation for the business owner. If an owner is over-compensated, the business might appear less profitable than it actually is, as would under-compensation inflate its profitability. Both scenarios would lead to inaccurate valuations.

Numerous resources can be utilized to provide a guideline for reasonable compensation, as would using industry statistics of compensation within the owner’s industry. However, reasonable compensation is not simply based on job title and hours worked; it must also consider the annual performance. For example, the CEO of a consulting firm whose revenue is $5,000,000, where the CEO generates a small portion of the business revenues as compared to a CEO who brings in almost all $5,000,000 in revenue. If valuation experts were to utilize statistics based solely on the industry, the revenue of the company, and hours worked, they would have arrived at the same reasonable compensation for both CEOs listed above. However, this would not portray an accurate picture as an owner who generates $5,000,000 of revenue would obviously be entitled to a much higher compensation level than that of a CEO who originates very little in revenue. In this scenario, replacement compensation should consider what benefits the CEO brings to the company instead of only focusing on their hours worked and job title.

For example, let’s compare the reasonable compensation levels of professional athletes. There are thirty-two teams in the National Football League, each with a starting quarterback. Over the course of a season and career, there will be significant differences in their statistics and success despite all having the same job and working the same hours within the same industry. If an athlete were hypothetically replaced, the amount paid would vary based on their actual accomplishments. The same approach must be utilized when considering each business owner’s reasonable compensation.

The art of business valuation hinges on the fine balance between numbers and judgment, and nowhere is this more evident than in establishing reasonable compensation. As we have seen, this is not a simple arithmetic or a one-size-fits-all approach but a complex consideration of individual contribution and industry standards. This is why choosing a firm with the experience of having valued thousands of businesses, such as Marcum, is paramount.

The Untapped Potential of Arbitration

Kelsey Peake — Wed, 29 Nov 2023 21:46:47 GMT

On November 29, 2023, Carolyn presented along with fellow AAML members Carolyn N. Daly (NJ) and Heather Hostetter (MD) s a panelist in the AAML webinar, The Untapped Potential of Arbitration. The panel was moderated by AAML members Jared Pinkus (Ill) and Ryan Nowlin (OH) and was attended by approximately 50 attorneys, mostly Fellows, from across the United States. The panel discussed the benefits of binding family law arbitration, including how it can provide a more efficient, cost-effective, and tailored approach to resolving family law disputes, and provided their insights about drafting effective arbitration agreements, managing client expectations, and best practices for arbitrators and participants. The panel also addressed questions posed by the attendees. Carolyn recently authored an article in the ABA Family Advocate entitled, Family Law Arbitration: An Underutilized ADR Option, which discussed the reasons why family law arbitration is expedient, reliable, and cost-effective, including that it allows parties to litigate their disputes confidentially, select their decision-maker and procedural rules, schedule the hearing according to the availability of the parties and their witnesses, and obtain a final decision within weeks or months. The article also answered common questions about family law arbitration, including some common misconceptions, and explained how the Uniform Family Law Arbitration Act (UFLAA) provides a roadmap for the proper resolution of unique family law issues and guardrails for vulnerable family law participant. A link to the article is found here (add link). Carolyn was instrumental in drafting and advocating the Pennsylvania Family Law Arbitration Act, HB 917, which was passed by the Pennsylvania Senate Judiciary Committee on November 15, 2023, and is awaiting consideration by the Senate Appropriations Committee.

70/30 Custody Schedules: Examples, Factors, and Expert Tips

Kelsey Peake — Wed, 27 Sep 2023 16:17:42 GMT

By Elle Barr, Our Family Wizard | AAML Pennsylvania Sponsor

Custody schedules lay the groundwork for effective co-parenting. Explore the pros and cons of the 70/30 plan, compare 70/30 against other schedules, and download free templates.

What Is a 70/30 Custody Schedule?

A 70/30 custody schedule is a co-parenting arrangement where one parent has the child 70% of the time while the other has 30%. This schedule has become less common than others over the past 50 years.

A 70/30 custody schedule is an alternative to joint equal parenting schedules like 50/50 or 60/40 plans. In a 70/30 plan, one parent has substantially more time than the other parent. This can work well for families who cannot split time equally.

Key Takeaways

A 70/30 custody schedule is a physical custody arrangement where one parent has the child for 70% of the time, and the other has the child for 30%.
Factors such as geographical distance or work commitments can make a 70/30 schedule more practical for some families than a 50/50 or 60/40 schedule.
A 70/30 schedule often involves a 5-2 split, where one parent has the child during the school week, and the other has weekends.
When deciding on a 70/30 custody schedule, co-parents should prioritize the child's well-being while considering logistical factors like work schedules and geographic distance.
Co-parents can use a dedicated app to track and manage 70/30 custody schedules.

Many factors affect which schedule the co-parents select. Co-parents may start with one schedule and switch to another as circumstances change. In general, most co-parents hope to make a 50/50 custody schedule work. This joint custody schedule feels attractive because it tries to split parenting time down the middle, giving each co-parent equal parenting time. However, many co-parents can’t feasibly maintain a 50/50 schedule for various reasons.

“Some situations that prevent a 50/50 schedule are simply unavoidable. For example, perhaps geographical distance or work commitments interfere with one parent’s ability to exercise 50/50 parenting time.” -Samuel Berse

Co-parents who can’t maintain a 50/50 tend to compromise with 60/40 split custody, which gives one co-parent primary physical custody with 60% of the co-parenting time. If the 60/40 split still creates logistical problems, co-parents may land on a 70/30 split.

“A 70/30 parenting time schedule, where one parent has two overnights every week, is a common arrangement designed to prioritize practicality over equal parenting time, especially when factors such as geographical distance or work commitments come into play,” Berse says.

Here's how Family Law Attorney Julie Colton describes the difference between schedules like 50/50 and 70/30:

“Primary physical custody is when a parent has more than 50% of the custodial overnights. Partial physical custody is when a parent has less than 50% of the custodial overnights. Therefore, a 70/30 custody arrangement would be a primary/partial custody arrangement. This means that one parent has primary physical custody, and the other parent has partial physical custody.”

Like Berse, Colton points out that the 70/30 schedule usually arises out of necessity. “Usually, co-parents take on a primary/partial schedule like 70/30 when they are dealing with logistical constraints. For example, when parents live more than 30 to 40 minutes from the child’s school, a shared custody schedule (50/50) is less practical.”

Colton adds that it is important to note that the physical custody schedule does not affect the legal custody arrangements, which designates decision-making responsibilities for a child.

“Parents with a 70/30 physical custody schedule still usually have a shared legal custody agreement,” - Julie Colton

Although this schedule was popular in the 1970s, many experts don’t recommend it because it gives one co-parent significantly more time with the children. Also, the available 70/30 scheduling options can be difficult to implement.

“Determining which parent should have primary physical custody of a child and what particular parenting time schedule should be implemented can be quite complicated in the light of life’s day-to-day variabilities,” says Family law attorney Peter Stambleck. “A straightforward implementation of a 70/30 child custody schedule would give the non-custodial parent two overnight visitations per week. This arrangement is imbalanced and not a true form of shared parenting. Clients very rarely agree to a 70/30 custody spilt, unless it is the most appropriate schedule to ensure that they continue to provide a lifestyle that is best for their child.”

Still, the 70/30 may be suitable for co-parents who live far apart or for children who prefer having a consistent home base for much of the week. As with any parenting plan, the suitability of a 70/30 arrangement depends on how your family’s circumstances affect the realities of day-to-day life.

Stambleck puts it best: “Every family is different, and a child custody agreement needs to address the existing and anticipated needs of the family clearly and specifically. There are many factors to consider, including but not limited to the needs of the children, their ages, each co-parent’s availability, location, and other commitments that may affect the ability to care for the children.”

“Every family is different, and a child custody agreement needs to address the existing and anticipated needs of the family clearly and specifically. There are many factors to consider, including but not limited to the needs of the children, their ages, each co-parent’s availability, location, and other commitments that may affect the ability to care for the children.” - Peter /ste==

What Does a 70/30 Custody Schedule Look Like?

Co-parents with a 70/30 schedule usually split the week with a 5-2 schedule where one co-parent has the child for the school week, and the other takes weekends. Alternatives include swapping every third week or having more frequent exchanges every third day.

Berse describes the 70/30 parenting schedule like this: “A 70/30 parenting schedule involves one parent having two overnights per week (equivalent to 104 overnights per year), while the other parent has five overnights a week (260 overnights per year). Typically, co-parents divide this arrangement where one co-parent has the children during the school week and the other co-parent has them either every other weekend or most weekends (such as three weekends per month or four weekends per month in months with five weekends). Additionally, many co-parents allocate extra time during the summer for the parent with 30% custody.”

“A partial physical custody schedule is often every other weekend from Friday after school until Monday start of school, along with some weekday time,” says Colton. “The time during the week may be an overnight on the non-weekend week or an overnight each week. The weekday time may just be a few hours for dinner.”

Experts recommend mapping out a 70/30 schedule in two-week blocks. Dividing 14 days into a 70/30 split means the co-parent with 70% custody should receive around ten days and nights, and the co-parent with 30% should receive the remaining four days and nights. This approach gives co-parents a broad view of the schedule and allows for easy comparison between 70/30 and other common custody schedules.

For the parent with 30% custody or partial custody, Colton adds that some situations require that time to be supervised. “Where there is an issue with a substance use disorder or untreated mental health issues that cause a risk the child, then there may be a need for supervised custody.” She adds that this may be a temporary solution: “A parent who is addressing issues of substance use disorder and/or untreated mental health problems that are negatively affecting the child may find themselves with a partial physical custody schedule while any safety concerns for the children are being addressed.”

70/30 vs. 60/40 Custody Schedules

In a 70/30 custody schedule, one parent has the child about 70% of the time, while the other has them 30%. In a 60/40 plan, one parent has the child 60% of the time, and the other parent has them 40%.

In a 14-day block, a 60/40 custody schedule typically allocates eight days to the co-parent with 60% custody and six days to the co-parent with 40% custody. 60/40 parenting plans often use a 3-4 weekly schedule, alternating custody in four-day and three-day blocks.

On the other hand, a 70/30 split provides the parent with primary custody with significantly more time with the children. Instead of a 3-4 weekly schedule, a 70/30 split typically utilizes a 5-2 split variation.

Berse says co-parents often adopt the 70/30 parenting schedule by necessity, typically due to the work schedules. "A 70/30 schedule is commonplace when it's simply not feasible for one parent to have weekday overnights during the children's school year,” he says. “Co-parents usually adopt this schedule because it's practical.”

70/30 vs. 80/20 Custody Schedules

A 70/30 custody schedule involves one parent having the child 70% of the time while the other parent has them 30% of the time. An 80/20 custody schedule means one parent has the child 80% of the time while the other parent has them 20% of the time.

In a 14-day block, an 80/20 custody schedule allocates 11 days to the co-parent with 80% custody. It is common for co-parents to follow an assigned weekend custody schedule, where the child spends pre-determined weekends each month with the non-custodial co-parent.

In the 80/20 arrangement, the primary custodial parent assumes 80% of the parenting time, representing a 10% increase over the 70/30 plan. The decision between the two plans depends on the co-parents’ circumstances and the child’s best interests.

Factors to Consider When Choosing a 70/30 Parenting Schedule

When choosing a 70/30 parenting schedule, it is crucial to consider significant factors that may affect how the plan works. For example, consider the child's age and needs, the distance between co-parents, the parents’ work schedules, and the level of conflict between co-parents.

A standardized custody agreement won’t accommodate the diverse circumstances and preferences of different families. A personalized approach, where co-parents work together to understand and adapt to specific circumstances, is essential in selecting the right parenting schedule.

Choosing a custody schedule involves multiple factors, which can cause conflicts. For example, co-parents of a young child might lean toward a 5-2 plan to foster regular interactions. However, if they live far apart, implementing a 5-2 schedule can present logistical obstacles. In making these decisions, the child’s well-being must always take precedence.

While there is much to consider when evaluating custody arrangements, here is breakdown of four key factors to consider before choosing 70/30 schedule:

Child’s age
The child’s age plays a significant role in determining the time they require with each co-parent. Contemporary attachment theory underscores the crucial influence of secure parent-child relationships on a child's emotional and psychological development. Extensive research consistently highlights the necessity for children to have sufficient and consistent contact with both co-parents to form healthy relationships.

For instance, a seminal review from 2004, Adolescent-parent attachment: Bonds that support healthy development, underscores the importance of secure attachment with both parents. The paper emphasizes that just like in early childhood, secure attachment in adolescence profoundly impacts development, fostering exploration and the development of cognitive, social, and emotional competence. These findings emphasize the significance of maintaining strong bonds with both parents throughout a child's development to support their overall well-being and optimal growth.

A 5-2 schedule or every-third-day plan is the best option for younger children who will benefit from regular interactions with both parents. Teens and pre-teens will likely prefer the 5-2 or every-third-week schedule.

Physical distance
The physical distance between co-parents is another crucial factor when deciding between 70/30 custody schedules. The proximity of the co-parents' residences can significantly impact the feasibility of a parenting schedule.

If co-parents live apart, frequent household exchanges can be stressful for the child and co-parents. Depending on the distance, the 5-2 schedule and every-other-week schedules can work. For example, if co-parents live an hour apart or more, even the 5-2 schedule may prove to be too stressful.

Parent’s work schedule
Co-parents need to evaluate their work commitments and determine how it aligns with the proposed schedule. Work schedules that involve long hours, frequent travel, or irregular shifts can pose challenges in maintaining a consistent custody arrangement.

For example, if one co-parent has a demanding work schedule during specific, consistent days of the week, the co-parents can shift the schedule so the parenting days fall on days off from work. For example, the 5-2 schedule can work very well if the co-parent with 70% custody has a flexible working week. Then, the co-parent, with a demanding weekly schedule, will have the children on the weekends. Of course, co-parents can change the day that the 5-2 starts to accommodate different or unconventional work schedules.

Child’s school schedule
Finally, co-parents should evaluate how a 70/30 schedule will affect their children’s school commitments. During the school year, the 70/30 schedule should promote a consistent routine that allows the child to focus on school and extracurricular activities. For example, every third day schedule doesn’t work well during the school week (unless the co-parents live very close to one another) because the child will have to juggle schoolwork with exchanging households.

Also, co-parents may want to ensure they both can attend school events, parent-teacher conferences, or extracurriculars.

How to Pick the Best 70/30 Custody Schedule for Your Family

When selecting a 70/30 schedule, consider your child’s age, the distance between co-parents, work schedules, and school commitments. Be sure to prioritize your child’s well-being, and ask them for input.

Here's a quick checklist of questions to consider when determining if a 70/30 custody schedule would suit your family. Remember that your child's best interests should always be the primary guiding consideration.

Child's age: How old is your child, and what are their specific needs regarding regular interactions and stability? Will a 70/30 schedule provide sufficient quality time with each parent for your child?
Child’s well-being: How will a 70/30 schedule affect your child?
Distance between co-parents: How far apart do you and the other co-parent live? Will frequent exchanges be manageable?
Work schedules: Do both co-parents have work schedules that allow consistent and reliable parenting time? Are there any irregular shifts or travel involved that could pose challenges?
Child's school schedule: Will the proposed custody schedule support the child's academic commitments and extracurricular activities? Can both co-parents be available for school events and parent-teacher conferences?
Level of conflict: How well do you and your co-parent communicate and cooperate? Is there a significant level of conflict that could affect the custody schedule?
Child's preferences: Have you considered the child's preferences and desires regarding the custody schedule? How involved do they want to be in shaping their own schedule as they grow older?

Easiest Way to Track 70/30 Custody Schedules

Take control of your co-parenting schedule with OurFamilyWizard. This powerful co-parenting app offers comprehensive tools for co-parents looking for an easier way to manage their custody schedule.

“The OurFamilyWizard Calendar feature easily accommodates the 2 out of 7 nights, 70/30 parenting schedule, and also supports custom 70/30 plans,” notes family law attorney Stambleck.

A standout feature is the Trade/Swap™ tool. With just a few clicks, co-parents can easily communicate about schedule adjustments. Trade/Swap helps parents propose a day swap, request a trade in parenting time, and respond to requests from the other parent. When a request is approved, the schedule updates automatically—no need to manually enter adjustments.

OurFamilyWizard’s dedicated platform tailored for co-parents offers a practical solution to enhance and streamline the co-parenting dynamic. With it, you'll experience a newfound level of organization and efficiency in managing your custody schedule.

A note about this article: This is an abridged version of the article which was originally posted on Our Family Wizard. To view the full article, which includes additional resources like schedule examples and templates, click HERE.

A Note on Terminology

In general, the term “physical custody” refers to which parent a child lives with. Today, many experts use other terms to describe this arrangement, like “parenting schedule” or “parenting time arrangement.” These new terms better represent a relationship and the parent’s responsibilities for their children. But just a heads up: this article uses these older and newer terms interchangeably.

2023 AAML Arbitration Training Institute

Kelsey Peake — Thu, 15 Jun 2023 18:23:32 GMT

2023 AAML Arbitration Training Institute

Rochelle B. (“Shelly”) Grossman and Carolyn Zack led the Academy of Matrimonial Lawyers (AAML) 2023 Arbitration Training Institute in Chicago on June 1 and 2, 2023. The Institute planners were Academy Fellows Amy J. Amundsen (Tennessee) and Jennifer Bingham (Massachusetts), co-chairs of the AAML Arbitration Committee, pictured below with Shelly and Carolyn. Judge Robert Childers, a Circuit Court judge, mediator, and AAA-trained arbitrator, served as a guest lecturer and offered guidance on practical, ethical, and jurisdictional issues. PBA Family Law Section member Maris J. Weiner attended and made valuable contributions to the program. The two day in-person training provided 13 hours of CLE credits, including one hour of ethics, and participants received a certificate of training issued by the AAML. Participants also received feedback from their advisors, Academy Fellows with experience as arbitrators, on their draft agreements to arbitrate, interim directives, and arbitration awards. The attendees included more than 30 attorneys from across the country, Fellows and non-Fellows, who engaged in a lively and thoughtful discussion about the benefits of family law arbitration, shared information about their local family law practice and experience, and offered their perspectives on best practices for family law arbitrators. All participants, including Shelly and Carolyn, came away from the program feeling better prepared to tackle complicated arbitration-related issues. An overwhelming theme of the Institute is the need for a more uniform approach to family law arbitration and the adoption of the Uniform Family Law Arbitration Act (UFLAA) throughout the country. Another outcome of the training institute is the demand for more certified arbitrators trained by the AAML, which is the only professional organization training family law arbitrators. If you are interested in attending the AAML Arbitration Training Institute next year, please reach out to Shelly at shelly@pottsshoemaker.com or Carolyn at czack@momjiananderer.com.

Your Client Wants the Custody Conciliator to Testify

Kelsey Peake — Thu, 01 Jun 2023 22:05:04 GMT

By Mary Cushing Doherty, AAML Pennsylvania Fellow | High Swartz

In the case at hand, your client is Dad A in the custody and support matter: Mr. A v. Mr. Z. The case involving their 10-year-old daughter. The parties settled custody issues before Conciliator C. After the Domestic Relations Office support conference and testimony before the support Hearing Officer a legal issue was raised and referred to Family Court Judge J for a hearing on whether an agreement before Custody Conciliator C is binding in the support case.

During the Custody Conciliation Dad Z and Dad A agreed that their daughter should return to attend overnight summer camp as she had in prior years. The agreement on this and other issues was placed on the record before Conciliator C. Dad A recalls that Conciliator C heard the lawyers state during the Conciliations that the respective cost to each parent would be resolved in support court. Dad A is furious now because Dad Z (who switched lawyers) is telling the support DRO Officer, and the support Hearing Officer, that he cannot afford to pay his percentage of the overnight summer camp cost. Dad Z argues he is not bound to contribute to this unreasonably expensive summer camp. Dad Z asks the court to rule that he should not be bound to contribute anything greater than his share of the cost for their daughter to attend a local day camp. You argue on behalf of Dad A that Dad Z cannot reopen the issue of the daughter’s reasonable summer camp when it was jointly approved as part of the custody agreement. You argue both attorneys acknowledged in the Conciliation each parent’s contribution would be determined in support court. Now Dad Z with his new attorney claims there was never this acknowledgement.

Your client wants Conciliator C to testify that the cost of summer camp was brought to the attention of Dad Z before he signed the custody agreement that addressed selection of overnight summer camp. You study whether you can successfully issue a subpoena to Conciliator C to appear before Judge J. You start by reviewing 9 Standard Pennsylvania Practice 2d §54.12 that disapproves of eliciting testimony from a judicial officer as well as Pennsylvania Rule of Judicial Administration 1701 that provides no judicial officer pursuant to a subpoena without prior authorization of the Pennsylvania Supreme Court.

You read Kulesa v. Mindy Harris, et al, 519 Fed Appx (3rd Cir. 2013) in which the federal Third Circuit Court of Appeals found the various court employees in Montgomery County, Pennsylvania (court administrators, prothonotary and Support Master Harris) are entitled to quasi-judicial immunity because they exercised discretionary judgment as part of their function. Therefore, Support Master Harris could not be sued by a party about her actions in the support matter, and the litigation brought by plaintiff Kulesa was dismissed.

The Pennsylvania Superior Court in Leber v. Stretton (2007 allocatur denied) held questioning a judicial officer as to the knowledge or opinions of judicial officers regarding cases and their judicial function is prohibited. You discuss the Leber and Kalesa decisions with your client and the client spots footnote 12 in Leber suggests in dicta a distinction between a judge testifying about her/his mental process (where judicial immunity applies) compared with purely factual testimony about what happened. Arguing Conciliator C will provide purely the factual testimony, Dad A wants the subpoena to issue.

In an unreported decision Zabreski v. von Schmeling, 213 WL 1402324 (M.D. Pa. April 5, 2013), the Superior court rejected this argument based on the dicta in Leber and relied on the conclusion of the Pennsylvania Superior Court in Leber that found questioning a judicial officer about surrounding facts would be contrary to public policy and unacceptable because the conduct occurred during the judicial officer’s participation in a public hearing.

As an advocate you may try to thread this needle claiming you only seek fact testimony as suggested in the Leber dicta (footnote 12). As counsel for Dad A, you should warn the client that Judge J might raise concerns about the burden on the functioning of the court. The Zabreski decision advises there may be an appearance of impropriety if it is viewed that the court officer or judge is biased or showing favoritism. The court has an interest is in facilitating the dispose efficient disposition of family law cases before Conciliators, Hearing Officers and other quasi-judicial court staff. Therefore, the subpoena may not lead to testimony from Conciliator C.

Identifying and Presenting Evidence of Tricky Forms of Income for Support Purposes

Wed, 05 Apr 2023 15:38:54 GMT

By Julie Auerbach, AAML Penn Fellow | Astor Weiss Kaplan & Mandel, LLP

In any support case, the practitioner must identify all forms of income that fall within the state’s definition of income for support purposes. Income for support purposes is typically defined differently from income for tax purposes. Different states use different definitions of income. For example, some states include gift and inheritance as income for support purposes while others do not.

Pennsylvania defines income available for support as follows:

"Income." Includes compensation for services, including, but not limited to, wages, salaries, bonuses, fees, compensation in kind, commissions and similar items; income derived from business; gains derived from dealings in property; interest; rents; royalties; dividends; annuities; income from life insurance and endowment contracts; all forms of retirement; pensions; income from discharge of indebtedness; distributive share of partnership gross income; income in respect of a decedent; income from an interest in an estate or trust; military retirement benefits; railroad employment retirement benefits; social security benefits; temporary and permanent disability benefits; workers' compensation; unemployment compensation; other entitlements to money or lump sum awards, without regard to source, including lottery winnings; income tax refunds; insurance compensation or settlements; awards or verdicts; and any form of payment due to and collectible by an individual regardless of source.

23 Pa.C.S.A. § 4302.

Additionally, there are certain forms of income that may not be expressly included in a state’s statutory definition of income, but are included on the basis of case law.

Disputes often arise as to whether or not certain forms of income should be included in a support calculation. These “tricky” forms of income include phantom income, deferred compensation, business and employment perquisites, income from a trust, gift, or inheritance, and “paper only” deductions on tax returns. There are other forms of income that while may not be difficult to prove, may escape attention from the litigants, such as electronic forms of payments or the income of a spouse or partner as a basis to deviate from the support guidelines.

The first part of this presentation will discuss how to identify and include these tricky forms of income and sometimes overlooked forms of income in a support calculation. The second part of this presentation will discuss best practices in identifying and presenting these forms of income to the court.

Read the full article HERE.

New Fellow Spotlight: Carolyn Moran Zack

Thu, 30 Mar 2023 20:26:51 GMT

Congratulations to our newest AAML Pennsylvania Fellow, Carolyn Moran Zack, Partner at Momjian Anderer, LLC.

Carolyn is a partner at Momjian Anderer, LLC, where she practices family law in Philadelphia and the surrounding counties. Ms. Zack began her career under the tutelage of Academy Fellow Albert Momjian, Esquire, and was a member of his family law group for fifteen years. She later served as a hearing officer for Chester County Family Court before joining the Momjian Anderer firm. Ms. Zack promotes alternative dispute resolution in family law matters, including writing a book on family Law Arbitration (Family Law Arbitration: Practice, Procedure and Forms (ABA 2020)).

Ms. Zack is the Treasurer of the Pennsylvania Bar Association Family Law Section, a member of the Pennsylvania Supreme Court’s Domestic Relations Procedural Rules Committee, the ABA Family Law and Dispute Resolution Sections, the Doris Jonas Freed Inn of Court, the Philadelphia Bar Association, and an interdisciplinary group of judges, mental health professionals and attorneys who meet regularly to discuss evolving custody issues.

Here is a note from Carolyn on what joining the AAML means to her:

"I have aspired to be a member of the Academy since I started practicing family law in 1987. My mentor, Academy Fellow Albert Momjian, spoke highly about the benefits of the AAML in developing a strong referral network and in providing an opportunity to learn from experienced family lawyers across the country. I look forward to making new friendships and to continuing this lifelong learning journey."

Welcome, Carolyn!

You and Your Attorney: Your next big relationship

Wed, 29 Mar 2023 15:31:23 GMT

By Amy P. De Shong, AAML Pennsylvania 2022-2023 President | Wisler Pearlstine LLP

Do I need an attorney?

Say you and your spouse want to work amicably toward a low cost divorce outcome. Consulting with an attorney – especially if you do not tell your spouse about it – can feel like a betrayal. Worse, if you do tell your spouse about it, he or she may become angry. (“You promised we wouldn’t lawyer up!”)

Just as you would not sign yourself up for heart surgery without learning about your condition and your options, you should not try to settle with your spouse without having at least one consultation with an experienced family attorney. Your attorney will explain the law and how it applies to your situation. Everything you tell him or her is confidential – even the fact that you were there in the first place! When you learn about your legal rights, obligations, and options – as well as those of your spouse – you will feel the power that can only come from knowledge. There is no substitute for that.

Believe it or not, it’s better for you if your spouse does the same thing.

Can’t we just use the same attorney?

In most jurisdictions, attorneys are prohibited from representing both of you. And that makes sense, once you think about it. A homemaking mom’s goals and incentives differ from those of her husband: an attorney representing mom usually seeks a high level of financial support for as long as possible, while counsel for husband seeks to minimize the support obligation and may offer an increased portion of the marital assets in lieu of sharing her client’s income.

I’ll make the appointment: now what?

Your attorney should spend one to two hours with you. Expect to pay for the meeting. When you contact his or her office, ask whether there is a charge, the amount, whether payment is expected at the meeting, and whether the firm accepts payment by credit card. Think about how you will pay for the appointment if you do not wish for your spouse to know about the meeting. (If you pay with cash, your attorney should give you a written receipt.)

Ask whether you should bring any documents and expect to be asked to bring your last tax return, paystubs for you and your spouse, and a basic outline of your assets and liabilities. Know the amounts of certain monthly bills, such as your mortgage, real estate taxes and homeowners insurance, so that the attorney can run a support calculation. 1 Amy P. De Shong, Esq. adeshong@wispearl.com can run a support calculation. Don’t be afraid if you don’t have all of that stuff – just do the best you can. Bring along a list of all your questions. When you make the call for the appointment, be ready to provide your spouse’s name and employment information, so that the attorney can run a conflict search before you get there. (This is particularly important with larger law firms, where another attorney at the firm may have already met with your spouse or the firm may already represent your spouse’s employer or family members.)

If you and your spouse signed any agreements together, including a Prenuptial Agreement, bring them along. The more information you can supply, the more useful the attorney can be. Most jurisdictions use grids or guidelines in assessing child and spousal support obligations. These are usually based on incomes and/or living expenses of the parties and their kids. If a spouse or child has special needs or unusual expenses, such as medication or therapy, bring that information along.

What will I learn at this meeting?

As long as you bring the necessary information, your attorney should give you an overview of support, custody, and property distribution. The attorney should answer all of your questions and treat you with compassion and respect. Expect to become emotional and maybe even to cry during the meeting.

Your attorney should listen to you, not interrupt you, and not lecture you. Your attorney should be able to speak to you clearly and in plain terms. If he or she bristles at your concerns, is high-handed, or makes your feel stupid, thank him or her for the time and end the meeting. No experienced attorney should be threatened by your questions. At the same time, however, remember that things you may have read about divorce on the Internet or heard from the folks at your neighborhood bar are not always correct.

I have retained an attorney: what’s next?

Your attorney should give you a written summary, often called a fee agreement letter, of exactly how and when you will be billed. Read it carefully and do not sign it if you have questions, concerns, or if you do not understand it. Expect to receive invoices monthly and insist that they set forth detailed charges so that you always know exactly where you stand. If your attorney seems uncomfortable answering your reasonable questions about any charges, that’s a red flag. Tell your attorney how you feel and if he or she is not responsive, it may be time to move on to someone else.

You and your counsel should map out a strategy that meets your goals and concerns. That means that you have to be able to identify and articulate those goals and concerns, at least on a basic level. For example, you may want your attorney to get as much money for you as possible, but without being ugly or combative. Your attorney may point out that those goals conflict if your spouse is hiding money from you. That should prompt a healthy discussion about how far your attorney can go in issuing subpoenas and other legal documents before you will become too uncomfortable. Then, talk about what happens after that.

Similarly, be as clear as you can be about your preferred child custody arrangements. If you are a dad who is just fine with alternating weekends, make sure your lawyer knows that so that he or she does not start demanding equally shared custody on your behalf.

As you go along, keep a file of your notes, all correspondence, all emails, and other papers such as pleadings and financial information. Make sure your attorney and his or her assistants do not send emails and other communications to your workplace, unless you want them to do so. (Think carefully about that, by the way.) Clarify expected response times. (In this age of instant responses, some clients demand instant answers to complex questions -- that's not such a good idea.) Plan your phone calls and email exchanges so that you keep your costs down. When you are anxious and upset, it’s easy to ask the same questions over and over again: if you can take careful notes and then refer back to them when you get upset, rather than calling your attorney, you will save money on legal fees. Talk with your counsel about what you can do on your own to contribute to your case and keep your fees down. For example, you may be able to gather and copy documents, or even to prepare summaries of financial information. Just remember that your attorney must read and understand it all in order to make an effective presentation on your behalf.

Remember that no reputable, experienced family lawyer is threatened by a well-informed client who seeks to reduce his or her legal fees! At the same time, however, if you find that you are constantly second-guessing or questioning your counsel, he or she will begin to feel mistrusted and not respected. If that goes on for too long, the relationship may fail. If you start to feel that things are not going well between you and your attorney, speak up.

If you have to attend any Court or other legal proceedings, your attorney should explain to you exactly what is expected of you, how much time will be involved, and what will likely happen that day. Will you be cooling your heels in the hallway with your spouse while the attorneys speak with the Judge? Will there be any decision that day? Court is not like what we see on TV and in the movies – there is a lot of waiting. Judges have heavy caseloads and they do not always have the time to read the file before we get there. You can arrive eager and ready for action, only to find yourself 15th on a list of 20 cases.

Attorneys are people too.

Sometimes your relationship with your spouse plays out in your relationship with your attorney. The spouse of an aggressive and overbearing spouse retains an aggressive and overbearing attorney. That client gets swept along in an emotionally and financially costly exercise without ever being in control. Because that’s business as usual for that spouse, he or she may not even be aware of it. No personal growth occurs for that client. As a result, he or she may never be able to move beyond the divorce.

Even if your relationship with your counsel is perfect, he or she may head off confidently in directions that you do not want. When that occurs, it’s often because your attorney has grown to care deeply about you and wishes to do whatever it takes to protect your future – sometimes without checking with you first! If you feel that your attorney has raised the battle flag and run headlong into a skirmish that you have no interest in waging, speak up!

While no divorce is ever pleasant, if you have a good relationship with a good attorney and you work as a team, you can expect to come through the process strong, solid, and confident.

Originally published January, 2012.

Why You Should Hire an AAML Lawyer

Tue, 21 Mar 2023 19:28:06 GMT

By Julie Auerbach, AAML Penn Fellow | Astor Weiss Kaplan & Mandel, LLP

Unparalleled experience in all areas of family law;
Comprehensive understanding of the interpersonal dynamics of a divorcing family;
Access to national and international family law related resources;
Leaders in advocating for and presenting legislation to the Pennsylvania legislature;
Access to both national and international platforms to advocate for the needs of family law clients;
Respected members of the Pennsylvania Bar Association Family Law Section and members of the Judiciary;
Unparalleled expertise in the intricacies of business valuations, tax laws, and the inter-workings of a wide range of assets - from closely held businesses to publicly traded companies - from patents and trademarks to artwork and collectibles;

The attorneys in the Pennsylvania Chapter of the American Academy of Matrimonial Lawyers have experience and credentials above and beyond most family law lawyers. Academy members must pass complex and sophisticated national and state examinations to gain admittance. They must be highly regarded for their legal expertise and ethics by both other members of the bar and Judges. They are actively involved in family law organizations and often serve on and advise legislative committees addressing ways to better implement and provide for the needs of those individuals with family law issues.

Academy members have access to cutting edge information and resources with respect to the large number of issues that can arise in a divorce, support, custody or domestic violence case. The AAML partners with other professional organizations that intersect with family law related issues, such as business valuation organizations and the Association of Family and Conciliation Courts.

Academy members have networks throughout the country and the world to provide the right resources needed to competently and effectively represent our clients.

For high quality and effective representation in your family law related matter, please reach out to one of our members. A list of our members can be found here.

What Should I Bring to my Divorce Consultation?

Wed, 01 Mar 2023 18:28:08 GMT

By Amy P. De Shong, AAML Pennsylvania 2022-2023 President | Wisler Pearlstine LLP

When you contact us, be prepared to provide the opposing party’s name, address, and employment information so that can identify any potential conflict of interest before you come in to see us. We will answer any questions as well as explain the cost of the consultation and how to make arrangements for payment.

Your contact with us is completely confidential and will remain so, even if we find that a potential conflict of interest prohibits us from meeting with you.

While every person’s needs are unique, we find that most prospective divorce clients want to know their rights and obligations with respect to support and asset characterization and distribution. If we have the information with which to do so, we will run support calculations and give you a sense of the likely asset and liabilities distribution. In order for us to do that, we need to have some basic financial information as follows:

1. A list of the couple’s assets and liabilities. Be sure to include retirement accounts such as Individual Retirement Accounts, pensions, and profit sharing/401(k) statements. Please include mortgage balances, credit card balances, and/or student loan balances.

2. Your most recently filed income tax return, including all schedules and attachments.

3. Current paystubs and the most recent Forms W-2 (year-end wage statement) for both parties.

4. If you or your spouse are self-employed, please bring the most recent business tax returns, any Forms K-1, and, if possible, a profit and loss statement.

5. Recent statements for all bank accounts titled to you and your spouse.

6. Information with respect to health insurance and life insurance coverage.

7. Recent credit card statements.

8. Documentation of expenses such as private school tuition, child care expenses, and special medical needs.

9. An overview of the household bills and some sense of how they are being paid and by whom.

While prospective clients often assume that they should seek or be ready to defend against the entry of a support order, we sometimes find that they are better off with an agreement that maintains their status quo. If you do not have or are not able to locate all of this information, don’t worry. Just bring what you can locate and we will take things from there!

This article was first posted in August 2016. It is intended to be used only for informational purposes. Neither this article, nor the contents of this article, are intended to be nor should be construed as legal advice.

How to Survive the Holidays

Kelsey Peake — Mon, 28 Nov 2022 20:06:04 GMT

By Amy P. De Shong, AAML Pennsylvania 2022-2023 President | Wisler Pearlstine LLP

If you are going through a divorce, the holiday season can be a special nightmare.

The expectations of your family of origin and/or those of your in-laws are added to the demands placed upon you by your soon to be ex, your kids, and your work place. If you are struggling financially, you may feel inadequate because you cannot provide the quality of gifts for your family that you may have provided in the past years. Commercial expressions of "good cheer" are everywhere.

If you are the spouse who sought the divorce, you may feel some guilt or uncertainty about your decision. Your spouse may be all too good at pushing those buttons.

Here are some tips for getting through it all:

1. Place yourself in your children's shoes.

Really. When you are tempted to argue with your spouse, respond to an attack launched by your spouse, or even launch one of your own, stop, breathe and think. Where are your kids at that very moment?

Are they in the next room? Are they in the back seat? Are they upstairs in your house? If so, they are within earshot. They are probably even straining to listen. Don't kid yourself.

You cannot control your spouse any more than you can control the north wind. You can control your response to your spouse's behavior. Block the chance that things will escalate into an argument. Acknowledge whatever legitimate point is being made by your spouse and do your best to respond only to that. If you are wrong, say so and apologize. Offer to think about what he or she is telling you and tell him or her that you will respond later. Buy yourself some breathing room. If you can, paraphrase the content of your spouse's message, so that he or she see that you have indeed heard it.

Example 1: "I understand that you are mad because I got here 30 minutes late and that is making you late for your doctor's appointment. I got stuck at the office and I am sorry. I will make sure it does not happen again. Next time something happens that I cannot control, I will call you right away."

Example 2: "I understand that you are very angry with me, but I do not think we can have a good conversation about it right now. Let's see when we can talk about (lateness, money, whatever the problem is) when we are alone and we are better able to do it without yelling at each other."

Example 3: "I hear you. This is something that our attorneys will have to discuss and advise about because I do not know what the answer is. I will call mine first thing in the morning and ask for his/her guidance."

Example 4: "I hear you and I want to understand why you are so upset. As long as you are screaming at me, however, I just can't do that."

If none of this is possible, leave the room. Leave the house if you have to do so. Drive away. Whatever it takes to break the circuit. Try to envision your spouse as a co-worker. You wouldn't launch into an intensely personal argument in the work place, even if you were unfairly attacked, would you?

2. If you normally use alcohol or other substances to get you through difficult family events, do not do it this year.

Remain focused and alert. You want to be in full control of your ears and mouth so that you can respond appropriately to any provocations. After having a few beers or too many glasses of wine, you will find it harder to keep your mouth shut.

3. Demonstrate patience and grace

If your spouse backs out of or tries to change a holiday custody agreement, is late for a pick up or drop off, or holds your kids hostage for an hour or two, go back to Tip #1. Give way.

This is hard. It's really hard. Be that parent who takes the high road. Your kids don't care who "wins" - they just know that if mom and dad spend the next 15 minutes fighting over pick up, drop off, or who does the driving, they'll be late for or even miss their holiday concert or, worse, they will be deeply embarrassed in front of their friends. Unless your spouse's conduct threatens an overnight or the holiday itself, it rarely makes sense financially to get your attorney involved.

4. Remember that your new relationship takes a back seat to the (reasonable) needs of your kids.

If your significant other starts placing demands on you that feel unfair and unreasonable, that's probably because he or she is feeling insecure. The stress of the holidays heightens our sensitivity to that sort of thing and that means unintended slights get magnified and people make demands that make no sense. Stop, hug, and talk. Repeat as needed. Your significant other may be worried about his or her role in your life - give him or her permission to directly tell you about those feelings, rather than acting out, so that you may respond appropriately.

5. Do the same with your kids.

If it feels like your kids are making crazy demands, being especially needy, or seeking to manipulate you, ask them about their feelings and try to do directly. Are they feeling threatened by your significant other? Are they terrified that if they show any kindness toward him or her, the other parent will punish them? Are they worried that they are losing you? Consider one on one time with each child. Even an hour can mean a lot.

6. Be patient with yourself.

You are not perfect. And, let's face it, perfect people are dull. All that stuff that always drives you nuts during the holidays is still out there, in addition to your divorce. If you continue to circle back to Tip #1, you will find yourself starting the New Year without regrets.

This article was first posted in December 2011 and has been updated. It is intended to be used only for informational purposes. Neither this article, nor the contents of this article, are intended to be nor should be construed as legal advice.

Julie Auerbach is receiving the Dale McClain Quality of Life/Balance Award

Kelsey Peake — Thu, 24 Nov 2022 16:30:00 GMT

Julie A. Auerbach, Esquire, will be honored by the Pennsylvania Bar Association on November 17 at the Annual Committee/Section Day, with the 2022 C. Dale McClain Quality of Life/Balance Award. Presented by the PBA Quality of Life/Balance Committee, the annual award recognizes the substantial contributions that Pennsylvania attorneys have made by identifying issues relevant to balancing the professional and personal lives of their peers, and the progress made in assisting attorneys with maintaining and improving their overall quality of life.

The award is named after C. Dale McClain, one of the founders of the Quality of Life/Balance Committee and the 114^th president of PBA. McClain spent much of his career fulfilling the mission of the committee through educating attorneys on the importance of attaining a quality of life/balance in the practice of law.

As a Co-chair of the PBA Women in the Profession (WIP) Quality of Life Committee, Julie Auerbach, is being recognized for her continued work to help attorneys learn to balance their professional and personal lives through wellness activities, educational tools and social events.

Auerbach’s (and her co-chair and co-awardee, Anne John, Esquire) notable initiatives include coordinating the 2022 PBA WIP Wellness Luncheon Series that provided a forum for discussions about issues facing women lawyers. Program topics included assessing true financial worth, balancing career and childcare, finding time for fitness, navigating interoffice politics and paving the way for inclusivity in law firm culture. The co-chairs organized several additional WIP activities, including self-defense workshops, mindfulness walks and yoga sessions.

Julie became a Fellow of the American Academy of Matrimonial Lawyers in 2020.

Congratulations, Julie!

Your Spouse Wants a Divorce? Top 10 Self-Destructive Responses

Kelsey Peake — Sat, 12 Nov 2022 16:25:34 GMT

By Amy P. DeShong, Esq. | Wisler Pearlstine LLP | AAML Penn 2022 - 2023 President

After 28 years of handling divorces and counseling clients, I am able to identify ten common mistakes that clients make when they hear that their spouse wants out of the marriage.

1. Thinking that guilt will keep your spouse with you.

Guilt has its limits. If one party is made to feel guilty and stays from that sense of obligation, the relationship is going to remain unhealthy for each of them. If your spouse has betrayed you, whether by cheating or hiding a spending problem, you've got to identify and understand the source of that behavior before you can move on together. Shaming, as tempting and temporarily satisfying as it may feel, will cause your spouse to turn on you later on. The more you lecture your spouse about marriage vows, the obligation to stay with you forever, and your gift of "the best years of your life," the faster he or she will head for the door.

2. Assuming that your spouse really wants to divorce you.

Don't take your spouse at his or her word or start packing your bags when you hear "I want a divorce" or "maybe we should separate for awhile." These words often mean "we are in trouble and I don't know what to do" or "help -- I am not happy and you must be the problem" or "this threat to divorce is the only way I can get your attention!" In either case, seeking some professional help can get the two of you back on track.

3. Badmouthing your spouse to friends, family, and coworkers at the first sign of trouble; oversharing personal information about your marriage.

Don't betray yourself or your spouse by doing too much talking, whether by phone, in person, or online. Once you figure out your feelings, you will only have to "walk back" a lot of what you've said. If you've done too good a job at alienating people from your spouse, they will wonder why you've grown a second head when you take him or her back. You will have to do repair work plus you'll have to hear everybody's advice which may include "I told you so."

4. Lying about your feelings in order to make things easier for your spouse.

Do not lie and do not make false promises in order to get your spouse to stay. You may well be unhappy in the marriage. Maybe your spouse had the courage to speak up first, but now the opportunity for change lies before you both. You do not owe your spouse what he or she wants to hear: you do owe your spouse as much honesty and direct explanation as you can muster. Give yourself that respect.

5. Trying to appease your spouse in order to keep him or her in the marriage.

Do not agree to have another child, add onto your home, buy a second or third home, or take an expensive vacation in order to "fix things" and/or "make him/her happy again." Do not buy cars or boats. Seek out the professional and do the hard work of identifying and then discussing, directly and clearly, what you want from yourself and your spouse.

6. Using food, drugs or alcohol in ways that lead to excessive weight loss, weight gain, or addiction.

The occasional binge with well-meaning friends or that date with the ice cream carton is to be expected. Not eating for three days is something altogether different. Be aware of any changes in your eating or drinking habits. Is addiction among the reasons your spouse wants out? Don't hesitate to seek help: do what you need to do in order to protect yourself. Whether or not your marriage ends, you are worth the effort.

7. Relying on the Internet for legal advice.

No one wants to pay legal fees. But when you are in real trouble, there is no substitute for learning about your legal rights, options, and obligations from an attorney with expertise in divorce. Just as medical websites can educate about ailments you can learn about family law on a lot of websites, but only an attorney who knows your situation can put the big picture together for you. Invest in a one- to two- hour consultation in order to give yourself peace of mind and power.

8. Expecting that the law will require your spouse to take care of you forever.

Learn about and make sure you understand your financial picture, especially if you are the spouse who is financially dependent. Whether a divorce is in your future or not, do not allow yourself to be economically vulnerable.

9. Using sex, especially without protection, to keep your spouse in the marriage.

Intimacy is one thing. Ending up with a disease from a cheating spouse or an unwanted pregnancy is quite another. Resist any tempation to engage in "mercy sex" with your spouse because it may serve only to upset and confuse you. Avoid any sexual contact with a spouse whom you suspect may lie to you about the use of birth control pills or devices. Avoid any possibility of contact that could complicate your own decision making.

10. Thinking you can punish your spouse by alienating you kids from him or her.

When you are hurt, it is tempting to overshare your feelings of anger and turn your kids against the other parent. I will spare you the obvious "best interests" message, because you already know that your kids need both parents in order to grow up well. I have observed a much more immediate consequence: if you succeed in getting your kids to hate your spouse as much as you do, they will turn on you when they reach their late teens.

Melissa (Missy) Boyd & Elizabeth (Liz) Early Form Boyd & Early Family Law LLC

Kelsey Peake — Fri, 07 Oct 2022 14:00:00 GMT

Plymouth Meeting, Pa. – (October 1, 2022) – Melissa (Missy) Boyd and Elizabeth (Liz) Early are pleased to announce the formation of their new law firm, Boyd & Early Family Law LLC, a boutique, full-service family law firm located in Plymouth Meeting and Malvern.

Distinguished attorneys and passionate advocates, Missy and Liz are eager to continue to service Montgomery, Chester, Bucks, Delaware and Philadelphia county residents involved in a variety of family law matters including divorce, child custody, support, and protection from abuse (PFA) actions.

Missy, a former owner and partner, and Liz, a former partner, of High Swartz have been colleagues and friends for seven years.

Missy “I am thrilled to partner with Liz in this next exciting step of my career. Having practiced family law for over twenty years, forming my own firm bearing my name is beyond gratifying.”

Missy and Liz will be joined by Jennifer (Jen) Ryan and Chelsey Christiansen, two sensational lawyers and young leaders in their personal and professional communities. With Jen and Chelsey joining the team, Boyd & Early Family Law offers services at a variety of price points but does not compromise the superior service provided to all clients.

Liz echoes Missy’s excitement and regard for the Boyd & Early Family Law team, saying, “We could not ask for a better group of family law attorneys. Each attorney brings a unique background and breadth of experience to the office and to each case. We look forward to continuing to serve our clients with the personalized approach in which we pride ourselves.”

Reflecting on their time together at High Swartz, the founding members of Boyd & Early Family Law feel appreciative to have the support of their former colleagues and continued professional and personal relationships with High Swartz LLP. Managing Partner of High Swartz, Joel Rosen, said, “Missy and her group are talented lawyers who are and will continue to be good friends to many at High Swartz. We wish them success in this next chapter.”

Bonded by their passion for family law and commitment to positively contributing to their community, all four women begin this new chapter excited and energized to continue to make a difference for clients and within their larger communities.

For more information, go to www.boydearlyfamilylaw.com

AAML Eric Turner Award

Kelsey Peake — Fri, 19 Aug 2022 17:50:31 GMT

THE AAML ERIC D. TURNER AWARD is sponsored by the Pennsylvania Chapter of the American Academy of Matrimonial Lawyers. A $1,000 cash award is given to one third year law student from each of Pennsylvania’s law schools who, in the opinion of the Law School’s faculty, best demonstrates the positive attributes of a matrimonial lawyer: academic excellence; competence as practitioner; commitment to the practice and development of family law, including assisting the indigent and improving the quality of the administration of justice in the field of family law; and meeting the highest standards for ethical behavior.

The award is administered by Fellow Colleen M. Neary, Esquire, of Media, PA. Ms. Neary has been a Fellow of the American Academy since 2003 and practices primarily in Delaware County, PA. She is a founding member of Sweeney & Neary, LLP, a firm which limits its practice to matrimonial law.

Changes in Child and Spousal Support for 2022

Kelsey Peake — Fri, 19 Aug 2022 17:36:21 GMT

By Gerald Shoemaker, AAML Penn Fellow | Hangley Aronchick Segal Pudlin & Schiller PC

Effective January 1, 2022, the Supreme Court adopted new and revised child and spousal support rules. This is nothing surprising or unusual since the Guidelines are reviewed every 4 years. Here is a summary of the changes which may impact your support matter:

1. Under the old Guidelines, there was an artificial reduction in the basic child support by 30% to account for assumed parenting time. Under the new Guidelines, that fiction is removed; however, the economic data has been updated so the numbers generally go down in both the lower and higher income cases. For the vast majority of cases, the child support numbers increase. The spousal support calculations have not been modified or changed in any substantial manner.

2. The new Guidelines address earning capacity as follows:

a. the Court shall not adjust a party’s income if that party took a lower-paying job to defeat a child or spousal support obligation or if the party left or changed employment voluntarily or for cause.

b. the Court shall not impose an earning capacity greater than one full-time job to the parties in a support action.

c. the Court shall consider child care expenses when imputing an earning capacity to a party. It’s worth noting that it does not mandate that child care expenses be included in the calculation but instead requires the court to consider those expenses when assessing an earning capacity to a party.

d. the list of factors for a Court to consider is more extensive than in previous versions of the Guidelines.

3. A person paying support still gets a downward adjustment if that person has custody of the child or children for 40% or more of the time (counting overnights). There is no adjustment for less than 40% despite the elimination of the 30% adjustment noted above.

4. The prior Guidelines were not clear on whether a party paying support would be able to submit expenses to the other party for reimbursement, such as expenses for camp, unreimbursed medical expenses, private school, and extra-curricular activities. The new Rules are clear that those expenses are allocated between parties such that the party paying support is permitted to seek reimbursement for out-of-pocket expenses.

In a vast majority of cases, the child support paid will increase. The only times when you will see decreases are when the parties have lower wages or when the parties have substantial income. Regardless of your income level, you should contact your attorney to determine whether an adjustment in your child support is appropriate. If you do not have an attorney, you may contact our office and we can assist you in determining the appropriate child support amount to be paid.

8 Child Support Myths

Kelsey Peake — Fri, 19 Aug 2022 17:27:48 GMT

By Gerald Shoemaker, AAML Penn Fellow | Hangley Aronchick Segal Pudlin & Schiller PC

1. If I get 50/50 or equally shared physical custody, I do not have to pay child support. This is not true. Even if parents have a 50/50 custody arrangement, support is still owed from the parent who makes more. There is an adjustment in how much support will be paid by that parent but support, nonetheless, is due.

2. I am remarried and my new spouse’s income is utilized when calculating a child support obligation. Your new spouse has no obligation to support your children. As a result, your spouse’s income is not a data point used when calculating a support obligation. The court, however, can deviate once it arrives at the support number based upon other household income. Deviations for this reason are rare.

3. Since I am the one receiving child support, I have to pay all the expenses for the kids. This is not accurate. The Support Guidelines specifically include certain extra expenses which are above and beyond the base child support payment. These expenses include work-related childcare expenses, summer camps, extra-curricular activities, unreimbursed medical expenses and private school expenses. The court has authority to award these in addition to the base child support payment, but you should check with your attorney to determine if it is likely the court would award these to you as they are not guaranteed.

4. Nothing will happen to me if I do not pay my support. To the contrary, many things may and likely will happen to you. For example, the court can deny you a license (drivers’, hunting or other) and can seize your tax refund. In addition, the court can take action to take money directly from your bank account to pay your child support. In egregious circumstances, the court will incarcerate a person who is not paying support.

5. I file for child support at any time and the court will award it to me back to the date when the child was born or when me and my partner separated. The court is only permitted to grant support from the time you actually file a request for support through domestic relations. It will not grant support to someone for a period of time prior to that official filing. For that reason, it is important to file when you know the other party is not going to pay.

6. I am currently paying child support, my income has gone up but I do not have to let anyone know. If you are paying support through the court (as opposed to paying directly to the other parent), you are obligated to let the court and the other parent know of any changes that would impact the calculation of support. This would include changes in income as well as other changes, such as custody, or an increase or decrease of other expenses which are paid in addition to the base support amount. If you fail to do so, the court can retroactively change the order to the time when your income increased (or other change occurred that was not reported). In addition, the court has the ability to award counsel fees to the other party for having to seek the retroactive change in support for which disclosure was not provided.

7. I do not think I am the father of the child but I will worry about that after we finish with the determination of support. Once you agree to a support order, you are conclusively the father. The time to challenge paternity is at the outset of the filing of support. If you fail to do so and a final support order is entered against you, you will be required to pay child support until the child is 18 or graduates from high school, whichever occurs later in time.

8. If I am not seeing my child, I do not have to pay child support. This is a fallacy. Many people assume if the other parent is withholding custody, then the parent not seeing the child can withhold child support, but this is inaccurate. Child support and child custody are two separate issues and the withholding of custody does not eliminate a party’s obligation to pay support.

Tips and Tools for Better Co-Parenting (Video)

Kelsey Peake — Wed, 27 Jul 2022 17:39:37 GMT

The Pennsylvania Bar Association Family Law Section created this video as a resource to help parents who are separated or divorced learn how to improve their co-parenting relationships with positive communication and behavior.

The video shows parents how strong, positive communication with their co-parent reduces stress and benefits their children. The video, created by Family Law Section members, features realistic vignettes showing parents how to avoid common sources of conflict by using the BIFF Response® Method, courtesy of the High Conflict Institute in San Diego, California.

BIFF is an acronym for communication that stands for:

• Brief

• Informative

• Friendly

• Firm

The video also features insightful commentary from experienced judges and mental health practitioners from across the state.

This project was the brainchild of AAML Penn Fellow, and Immediate Past Chair of the PBA Family Law Section, Helen Casale. AAML Penn President-Elect, Kerri Lee Cappella, was also highly involved in the creation of this video.

Pittsburgh Child Custody Lawyer Brian C. Vertz Breaks Down Pivotal Hague Convention Case Before the U.S. Supreme Court

Kelsey Peake — Thu, 05 May 2022 14:28:02 GMT

Brian C. Vertz, Pittsburgh child custody lawyer and a partner at Pollock Begg with experience handling international custody disputes, said a case set to go before the U.S. Supreme Court could change the way courts deal with cross-border custody disagreements involving domestic violence.

In December, the Supreme Court agreed to hear an international family law case between an Italian father and an American mother who fled Italy with her child to escape spousal abuse, triggering the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Golan v. Saada case is only the fifth international child abduction case to come before the Court since 1988.

The Justices will now decide whether lower courts may consider protective measures to mitigate grave risk of harm to allow a child to be returned to its habitual residence. In doing so, the Supreme Court must weigh the goal of deterring international child abduction against the goal of protecting individuals from domestic violence.

Vertz filed an amicus curiae brief with the U.S. Supreme Court on behalf of the American Academy of Matrimonial Lawyers to provide insight into the complexities of international custody cases and the limitations of the Hague Convention, a treaty between signatory nations, whose sole purpose is to deter parents from wrongfully removing children from their habitual residence.

Article 13(b) of the treaty carves out a narrow exception for returning children to their country of habitual residence where a child’s well-being is seriously endangered. But, the Hague Convention lacks provisions for judging a child’s best interests, awarding custody or preventing further abuse. Whether a child’s return is granted or denied in a Hague proceeding, further custody proceedings are required to protect an at-risk child.

Now the Supreme Court must decide whether the law permits courts to consider risk mitigation measures in international child abduction cases, at what stage of the legal process these undertakings may be proposed, who bears the burden of proof and whether the undertakings must be enforceable.

In addition to the AAML amicus brief, Vertz also outlined the details of Golan v. Saada in a recent analysis piece on Law.com

Read the AAML’s amicus brief on Golan v. Saada. (PDF)

Read Brian’s piece on the Law.com website.

As a partner at Pollock Begg since 2001, Pittsburgh child custody lawyer Vertz is a powerful ally for clients facing child support and custody litigation, divorce, settlements and family law appeals up to the Pennsylvania Supreme Court. A tenacious negotiator, Vertz is skilled in collaborative law, arbitration, and mediation, including cross-border international and Hague Convention cases. Read his online profile to learn more.