Three Types of Spousal Support in Pennsylvania

By Anna Ciardi Cordell & Cordell Pennsylvania Divorce Lawyer There are three types of spousal support in Pennsylvania that are distinguishable from one another dependent upon the different stages of the Pennsylvania divorce process. 1. Pennsylvania Spousal Support The first type, spousal support, is applicable from the date of separation until either party files a divorce complaint. The support figure is determined by a formula. It is determined by taking the net income of the higher-earning spouse, minus the net income of the lower-earning spouse, and then the lower-earning spouse would be awarded 40% of the sum difference. For example, Read more

Pennsylvania Child Custody Modification Rules and Procedures

By Caroline Thompson Cordell & Cordell Pennsylvania Divorce Lawyer A Pennsylvania child custody modification request is not unusual after a divorce is final and circumstances have changed, such as a party’s relocation to another state or problems relating to the proper care of his minor children. In Pennsylvania, family law courts will utilize the “best interest” of the child analysis when determining if a child custody order should be modified. Under the law, a custody determination must be made based on the best interests of the child. The Pennsylvania Statute, section 5328, sets forth factors the court must consider in the Read more

Pennsylvania Property Laws

By Anna Ciardi Cordell & Cordell Pennsylvania Divorce Lawyer According to Pennsylvania property laws, the term that applies to the division of marital property in Pennsylvania is equitable distribution. Pennsylvania Definition of Marital Property Note that “marital property” means all property acquired by either party during the marriage in addition to the increase in value of any nonmarital property acquired prior to the marriage (or in exchange for property acquired prior to the marriage) and the increase in value of any property acquired by gift, bequest, devise, or descent during the marriage (or property acquired in exchange for such property). Read more

Pennsylvania Fathers’ Rights: Filing a Complaint to Establish Paternity

This article is courtesy of and will discuss the matter of a father filing a complaint to establish paternity in Pennsylvania. The issue of paternity often arises in the context of a child support case. In these situations, it is often the Mother who is the Plaintiff and is seeking to establish that the Defendant is the Father of the child and is therefore responsible for supporting the child. This situation arises with some regularity and is handled straightforwardly through the support process. A situation that occurs less often is when a possible Father brings suit as the Plaintiff against the Read more

Alimony in Pennsylvania: Will I Have To Pay?

By Anna Ciardi Cordell & Cordell Pennsylvania Divorce Lawyer Alimony in Pennsylvania refers to payments that one spouse periodically makes to the other after a divorce. It is important to note that under Pennsylvania divorce law, alimony is a distinct concept from spousal support and from alimony pendente lite. These two latter terms refer to payments made to the lower earning spouse prior to and during the litigation of the divorce, respectively.

Pennsylvania Child Custody Factors

By Anna Ciardi Cordell & Cordell Pennsylvania Divorce Lawyer Pennsylvania’s child custody laws were overhauled in 2011, though a custody decision is still generally based upon the best interests of the child. However, the new law lays out 15 factors to be considered when awarding custody, in addition to any other relevant factor, for a total of 16 factors that must be considered by the courts when awarding custody. Clearly, this Pennsylvania custody statute is open to a broad interpretation, and for this reason, nearly anything and everything can be relevant in a custody litigation.