In the recent case of Suzanne D. v. Stephen W. the Pennsylvania Superior Court, 2013 Pa. Super 93, filed April 22, 2013, discussed a case where a grandfather supplied his son with reimbursements for the grandchildren’s medical expenses and school activities and how such reimbursements impacts support. (more…)
In Pennsylvania, both parents are responsible for the financial support of their child, and the amount of child support is determined by a serious of complex guidelines and rules. The best way to address your child support payment obligations is to talk with an experienced Pennsylvania child support attorney who can look beyond just the number calculations to get you the best possible result. (more…)
On April 17, 2013, The Supreme Court of the United States decided the matter of Missouri v. Tyler G. McNeely, (no. 11-1425) holding that a blood test without a warrant is unconstitutional and the human body’s metabolization of alcohol does not, without more, present exigent circumstances which would allow for a n exception to the Fourth Amendment Guarantee against unreasonable searches and seizures. Justice Sotomayor further stated that a case by case analysis is necessary to determine exigency.
The importance of this decision on Pennsylvania Driving After Imbibing (DUI) matters is minimal. Pennsylvania has adopted an “implied consent” for blood alcohol testing when the police believe that a driver is likely intoxicated. According to section 1547 of (more…)
The Pennsylvania Superior Court recently decided a case challenging a Post-Nuptial Marital Settlement Agreement (MSA), demonstrating the wisdom of involving competent counsel in preparing and executing agreements, either before or after marriage, in resolving equitable distribution, support or other economic issues. (more…)
The Pennsylvania Supreme Court in a recent decision (Commonwealth v. Batts) failed to extend additional Constitutional protections to juvenile offenders, beyond what is already required by the U.S. Supreme Court. In Miller v. Alabama, the U.S. Supreme Court found that mandatory life sentences without parole for juveniles is unconstitutional under the Eighth Amendment of the United States Constitution. (more…)
A recent study in the Journal of Psychopharmacology concluded that Alcohol is more than twice as harmful as cannabis to users and that increased policing of marijuana usage results in only the criminalization of young people with no significant reduction in Health related risks. Although this study is based on United Kingdom research, the conclusion is supported by the Centers for Disease Control and Prevention that suggested the rate of alcohol and marijuana consumption is increasing although resultant injuries are only increasing in children that consume alcohol. One study even suggests that the driving after imbibing alcohol is more dangerous than driving after imbibing marijuana and legalization of marijuana has the benefits of reduced alcohol purchase and consumption and reduction in vehicle related accidents and fatalities. (more…)
Divorces can be expensive, emotionally taxing, stressful, unpleasant and derail the best of plans. Your credit worthiness can also be negatively impacted in a divorce. (more…)
A recent news story on NPR reveled that many vehicles are now being manufactured with a ‘black box’ which records data from your vehicle in the event of a crash. The data saved captures moment-by-moment statistics saved from the most recent collision, and would include things such as seatbelt usage, speed, acceleration, breaking, number of passengers in a vehicle and even the vehicle’s location. This information, for some vehicles, can even be gathered remotely. Federal regulators are considering requiring these in all motor vehicles beginning in late 2014. Currently, the information that can be gathered from these devices is not regulated by Pennsylvania law, and drivers do not have the option to turn the device off. (Currently, 13 states have some regulations about the black boxes) Because this is a fairly new technology, it is unclear whether police can use this information in a criminal investigation without the use of a warrant. Additionally, this evidence must prove to be scientifically reliable before it may be admitted against a criminal defendant. (more…)
A recent article published at the Yahoo! news website titled, Wife of Millionaire Wins “Unprecedented” Case to Overturn Prenup Agreement detailed a story about a woman who was successful in overturning a prenuptial agreement despite representing herself and with no legal training. The story explains that a “prenuptial agreement” had been signed four days prior to a planned wedding ceremony and included particular clauses related to real estate and a clause that the prenup would be destroyed upon the birth of the parties first child. Also importantly, the case described took place in New York which may have different rules regarding the validity of a prenup. (more…)
Today, the Pennsylvania Commonwealth Court handed down a tax assessment appeal decision affirming the right of the Downingtown Area School District in Chester County to select two parcels used for multi-family rental housing, and appeal the assessment for those parcels in an attempt to increase the tax appraisal and, accordingly, the annual tax paid. (more…)