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Philadelphia Family Law Blog

EARNING CAPACITY IN SUPPORT MATTERS

Let’s start with the premise that Pennsylvania is an Earning Capacity state. What is earning capacity and how can it impact your Support Order? First, a person cannot intentionally decrease their income, with the hope that this intentional decrease will result in a lower support Order. Let’s take the case of a fictional couple, Donnie …

FLAT FEE OR HOURLY BILLING WHAT’S RIGHT FOR ME?

Traditionally, Family Lawyers bill their clients one way…hourly.  However, there is an alternative. That alternative is Flat Fee Lawyering. Clearly, however, not every case is right for Hourly Lawyering and not every case is right for Flat Fee Lawyering. We, at SchwartzJordan, offer both options. You choose which method is right for you, up front, …

The Problems with Joint Legal Custody: When Household Rules Differ

CUSTODY PLANNING AND THE IMPACT OF SCHOOL CHOICE

As our society continues to be more mobile, forward-thinking parents, who are do not live with the other parent of their child, need to think about the impact of the quality of the school their child does or will attend, and the impact of that choice on their custodial rights and schedule. As those of …

RETIREMENT ASSETS AND DIVORCE: WHAT’S YOURS, MINE AND OURS?

There are many misconceptions “on the street” about whether and what part of a person’s retirement assets are marital property and therefore subject to being divided as part of a divorce. The first question is whether retirement assets are marital property in Pennsylvania? The answer depends on whether you and your spouse signed a Pre-Martial …

MILITARY PENSION UPDATE

On December 23, 2016, President Obama approved the National Defense Authorization Act for Fiscal Year 2017. Simply put, a time based coverture fraction will no longer be accepted by the Defense Finance and Accounting Service. This has a significant impact on our use and drafting of Military Retired Pay Division Orders (“MRPDO’s) for those folks …

THE BEAUTY OF COLLABORATIVE LAW

There’s a New Sheriff in town, and that Sheriff is a hybrid. Traditionally, people contemplating Divorce had one choice: each side hires a Family Lawyer and they begin the arduous, expensive, exhausting and sometimes pointless process of litigating Custody, Support, Alimony, Division of Property, etc. in a courtroom setting. This can serve to increase hostility …

Social Media Strikes Again

We preach it all the time; it’s even in our Fee Agreements: Postings on Facebook, Linkedin, Instagram and other social media sites can be absolutely deadly. For example, a person who maintains her or she can’t work, in the context of a Child Support case, will make posts saying how much money they are making …

REMEMBER, THEY ARE YOUR CHILDREN AND YOU LOVE THEM

SO, ‘TIS THE SEASON. Words we think of to define this season are…festive, peace be on earth, good tidings to all, Merry Christmas, Happy Hanukkah and other statements to evoke love, peace and goodwill. Equally pervasive, unfortunately, are custody disputes between parents who, rather than keeping their eyes on the proverbial ball, prefer to use …

Podcast: November 5, 2016

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Email: lee@schwartzjordan.com
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