Recent Blog Posts in 2010 |
| 9 posts found. Viewing page 1 of 1. |
| July 01, 2010 |
| Colgan to Present Advanced Family Law Seminar |
| Posted By Tim Colgan |
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| Colgan Marzzacco Attorney Timothy J. Colgan will present an Advanced Family Law Seminar for the National Business Institute (NBI) on November 9, 2010 in Allentown, PA. Colgan's presentation will focus on complex asset cases in divorce and on advanced child support and spousal support issues. |
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| July 01, 2010 |
| Colgan Speaks to Pennsylvania Psychological Association |
| Posted By Tim Colgan |
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| On June 16, 2010, Colgan Marzzacco Attorney Timothy J. Colgan delivered a continuing education presentation to the Pennsylvania Psychological Association's Annual Meeting in Harrisburg, PA. The presentation focused on the Collaborative method for resolving family law matters involving divorce, custody and support. Colgan previously presented to the Pennsylvania Psychological Association at their March 2009 Continuing Education Conference and in June 2009 at their Annual Meeting. |
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| April 22, 2010 |
| At What Age Can a Child Choose? |
| Posted By Tim Colgan |
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| In Pennsylvania, there is no age at which a child may choose with which parent to live. A child's preference is admissible in custody proceedings but the judge must decide how much weight to give to a child's preference. A child's preference based upon sound, mature reasons for selecting one parent over another is likely to be given greater weight than the preference of a child based upon momentary whim or impulse. The Pennsylvania Superior Court stated, "The weight to be accorded a child’s preference varies with the age, maturity and intelligence of that child, together with the reasons given for the preference. Moreover, as children grow older, more weight must be given to the preference of the child." Wheeler v. Mazur, 793 A.2d 929 (Pa. Super. 2002). |
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| February 28, 2010 |
| Pennsylvania Child Support Guidelines Change in May 2010 |
| Posted By Tim Colgan |
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In May 2010, changes to the Pennsylvania Child Support Guidelines take effect. The changes to the Guidelines are based upon Federal law and Federal regulations which require that each state have child support guidelines and that those guidelines are reviewed and updated at least once every four years. The review is to incorporate the most recent economic data on child-rearing costs and data from case files. Pennsylvania's support schedule is based upon child-rearing expenditures measured by David M. Betson, Ph.D., Professor of Economics at the University of Notre Dame. As with the current Guidelines, important factors in determining the correct amount of child support include the incomes of each parent, the cost of child care and the cost of health insurance for the children.
We encourage you to meet with a
Child Support Attorney at Colgan Marzzacco before filing to modify child support through Domestic Relations. Many times clients file for modifications and are surprised when they receive an unexpected increase or decrease after their conference with Domestic Relations. If you meet with a
Child Support Lawyer at Colgan Marzzacco we will answer all your questions and help you make an informed decision about whether to seek a modification through Domestic Relations.
Through the end of May 2010, Colgan Marzzacco will offer a 20% discount off of the regular cost of child support reviews and recalculations. Please contact a
Family Law Attorney at Colgan Marzzacco today to schedule your review. |
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| February 22, 2010 |
| DIVORCE: Tying Up The Loose Ends |
| Posted By Thomas M. Clark |
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In a good deal of cases, the day someone receives a Divorce Decree represents closure to a significant period of their life. Some people are sad, and some are happy to be receiving a fresh start. The problem is, all too often once a recently divorced person is too quick to put the matter behind them and to turn the page without completing some important final steps.
We have identified areas of interest that a recently divorced person may overlook once the Divorce matter is concluded. The following are important tips to remember:
- Even if you currently have a Will, have a new Will drafted that reflects your new status. Any provisions made for your former spouse in a Will drafted prior to your divorce may still be valid even though the final result might not reflect your true desire.
- Consistent with the terms of your divorce, c ontact each of your insurance companies or their agents, including, but not limited to, life, household, automobile, fire, casualty or liability insurance, to make sure that coverage and beneficiaries are appropriate. Consistent with the terms of your divorce, r emove your former spouse's name from any jointly held assets or debts such as bank accounts and credit cards.
- Check with your employer and/or accountant to determine any appropriate changes to your income tax withholding given your new status.
- Consistent with the terms of your divorce, c heck the beneficiary designation on any retirement account you may have. A divorce may not automatically change a beneficiary designation on a retirement account. The best thing to do is to check the beneficiary designations on assets such as these and make the appropriate changes.
- The same caution applies to any life insurance polices that you have. Consistent with the terms of your divorce, check the beneficiary designations to be sure they reflect your desires.
For more information,
please contact a Pennsylvania Divorce Lawyer
at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Divorce Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding equitable distribution or any other matter of relating to a family law case. |
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| February 15, 2010 |
| Marital Misconduct and your Divorce |
| Posted By Thomas M. Clark, Esq. |
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The rule in
Pennsylvania
is that the determination of the equitable division, distribution or assignment of the marital property in a divorce must be made without regard to marital misconduct (23 Pa.C.S. §3502(a)).
In divorces, the Court is called upon to make an equitable division of the marital property and the Court must consider only the relevant factors that have been specifically outlined by the law.
The law allows the Court great flexibility in adjusting the property awards to reflect various factors and can also use discretion as to how much weight to give each factor.
However, the Court can not consider the marital misconduct of either party when awarding an equitable division of property.
It should be noted that marital misconduct may be considered in an award of alimony (23 Pa.C.S.A. §3701(b)(14)).
For more information, please contact a Pennsylvania Divorce Lawyer at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Divorce Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding equitable distribution or any other matter of relating to a family law case.
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| February 05, 2010 |
| What is Legal Custody in Pennsylvania? |
| Posted By Tim Colgan |
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"Legal Custody" refers to a parent's right to share in decisions of major importance in the life of their minor child. Decisions that relate to the school a child will attend, medical care of a child and decisions about religion are all examples of Legal Custody issues. Legal Custody is different from Physical Custody. Physical Custody is the actual physical possession and control of a minor child. A parent can have limited or no rights of Physical Custody and still share Legal Custody.
For more information, please contact a Pennsylvania Custody Lawyer at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Custody Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding custody or any other matter of relating to a family law case. |
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| January 21, 2010 |
| Can One Attorney Represent Both Parties in a Divorce? |
| Posted By Tim Colgan |
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Many people want to know if they can hire one attorney to represent them both in a divorce action. On the surface, it may seem as though there would be no problem with this in situations where the parties are on relatively good terms and have worked out many of their issues between them. Unfortunately, though, this issue is more complex than it may seem on the surface. As a result, a lawyer cannot represent both parties in a divorce. This situation presents an inherent conflict of interest. This problem is best illustrated by an example:
"A Husband and Wife have decided to divorce and have agreed to the terms of the division of their property. In their conversations, they have agreed that Husband will stay in their house and refinance it when he is able. No time frame is established for the refinance. Husband really wants the house and is unable to refinance now because of poor credit."
If one attorney were trying to represent both spouses in this case, he or she would be caught in an impossible quandary. If the attorney explained to Wife that this deal would make it impossible for her to get financing for a new home she might reconsider the deal thereby angering Husband. If the attorney advises Husband that if he goes through with this deal that he would in essence become a real estate "partner" with his Wife following the divorce and that she could force the liquidation and sale of the property, he may change his mind about the deal, thereby angering Wife.
This is just one example of how trying to serve as one attorney for two parties with differing interests is not possible or ethical. There are options for spouses who are on relatively good terms and want to manage the cost of their divorce. Mediation allows the parties to work with one another to resolve their differences with the help of a neutral third party.
For more information, contact Colgan Marzzacco today to schedule a free telephone consultation with one of our Family Law attorneys or Mediators. |
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| January 12, 2010 |
| What is Relocation in Custody Cases? |
| Posted By Tim Colgan |
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When a parent who has primary custody of minor children wants to move, that parent either needs the consent of the other parent or permission from the court to move the children. While the court doesn't have jurisdiction over where the parent lives, they do have jurisdiction over the children and can ultimately decide if the children will be able to move with the parent. What constitutes a relocation isn't always clear cut. In some instances, a 5 mile move might be considered a relocation because it involves a change in school districts whereas in other cases a 45 mile move might not be considered relocation because the kids don't change schools and the parents are able to follow the same schedule of custody after the move as they did before the move. If it is a relocation case, the court has to consider three things in deciding whether to grant or deny the move: 1. What are the reasons that the custodial parent has for the relocation?; 2. What are the reasons the non-custodial parent has for opposing the move?; and 3. Can a schedule of custody be worked out that is similar to the current schedule of custody?
If you are considering a move, you should check with your attorney before moving or before committing resources to the move (down payments, changing jobs, etc.). If you'd like to discuss this issue or any other issue you may be experiencing, give us a call at (800) 615-0115. Our telephone consultations are free. |
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| 9 posts found. Viewing page 1 of 1. |