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Articles by Hillary Moonay
Rote Error Correction or Unstable Question of Law: Framing Issues to Capture the Pa. Supreme Court’s Attention
Securing permission to appeal to the Pennsylvania Supreme Court is not easy. The court grants fewer than 10% of the petitions presented to it. Where the odds are so long, parties hoping to secure an appeal to the court must write allocatur petitions (or petitions for allowance of appeal) that rise above the crop. Obermayer’s appellate attorneys have done just that several times over the past two years.
Pennsylvania Supreme Court Establishes Landmark Rule on Third-Party Child Support in Caldwell v. Jaurigue | JD Supra
On May 31, 2024, the Pennsylvania Supreme Court issued a landmark decision that established a bright line rule in third-party child support matters in the case Caldwell v. Jaurigue. The decision sets a significant precedent clarifying the child support responsibilities of third parties who have custodial rights to a child. Specifically, the Supreme Court unanimously decided that only third parties who have sole or shared legal custody shall be responsible for paying child support.
Is Arbitration right for me? The Family Law Arbitration Act becomes law in Pennsylvania | JD Supra
After almost four years, the long-awaited Uniform Family Law Arbitration Act was signed by Governor Shapiro on May 8, 2024. This Act is a huge win for families in the Commonwealth as it provides a private and voluntary process for resolving family law disputes. While private arbitration has previously been available to parties in certain circumstances, this Act will provide uniformity to the process across Pennsylvania.
Preparing for your Custody Evaluation | JD Supra
In many custody cases, it is common for the parties to participate in a custody evaluation. A custody evaluation is usually conducted by a neutral, mental health professional who will evaluate a family and make recommendations to the court. A custody evaluation will take place over several sessions. While the process will vary, the evaluator often meets with each parent individually, the child(ren), each parent and child together, and the parents together.
Grey Divorces Continue to Rise: What You Need to Know | JD Supra
The term “grey divorce” refers to those couples who decide to divorce later in life and usually after decades of marriage. Unlike divorces among younger couples, divorces among the over-50 set are increasing. A recent CNN article explains why this trend is on the rise. If you are considering a later-in-life divorce, here are 5 things you need to know: Financial issues in a grey divorce require different considerations than couples who divorce earlier in life.
Attorney Fee Provision in Pa.'s Clean Streams Law May Run Afoul of 14th Amendment
Imagine you’ve purchased some land and plan to build your dream home. You know you need several government approvals, and your contractor says this includes something called a “Chapter 102″ permit. No problem. The folks at the Department of Environmental Protection (DEP) are helpful. You provide them with everything they ask for, and the permit is issued. Then, you get a “notice of appeal.” A neighbor does not want you to build and has challenged DEP’s permitting decision.
Judicial Interviews of Children in Custody Cases
With the increase in custody disputes over the last several years, judges are becoming more involved than ever in issues regarding children’s daily lives. While judges often make decisions as to where a child should live, the increase in disagreement among parents as to a multitude of issues seems never-ending.
Is Divorce Mediation right for me? | JD Supra
May 17, 2023 To embed, copy and paste the code into your website or blog: Over the past five to ten years, and especially post-Covid, I have seen my divorce mediation practice increase significantly. There are several reasons for this. First, mediation in family law matters keeps costs down.
My former spouse is cohabiting...can I stop paying alimony now? | JD Supra
February 15, 2023 To embed, copy and paste the code into your website or blog: Many divorced clients ask if they can stop making alimony payments if they suspect their former spouse is cohabiting. The answer, simply, is it depends. Demonstrating cohabitation in Pennsylvania requires evidence of financial, social, and sexual interdependence. Cohabitation occurs when two individuals are living together in a romantic relationship that resembles a marriage.
Post-Pandemic Custody Vaccination Disputes Remain a Hot Topic | JD Supra
Throughout the Covid-19 pandemic, many parents – especially those divorced or separated – found themselves disagreeing about whether their child should receive the Covid vaccine. Parents’ opinions regarding the vaccine are so intense that for the first time in over 25 years, I found myself in custody court litigating the vaccination issue on numerous occasions and have written extensively about it.
Job Loss During Divorce | JD Supra
The signs of a looming recession seem to be everywhere lately. As we head into 2023, this means concerns for many people about finances and job security. While the unemployment rate is still currently low that could quickly change if interest rates continue to increase. So, if you are currently going through a divorce or considering one, how worried should you be about a potential loss of employment, and what do you need to know? 1. Determine the reason for the job loss.
Is a Prenuptial Agreement right for me? | JD Supra
As society adjusts to the fact that the coronavirus pandemic is here to stay, events and celebrations such as weddings are steadily increasing in number. With that, comes the inevitable request from friends and clients as to whether they should be considering a prenuptial agreement before getting married. In fact, a former client called me just this past week as he is considering getting married for the second time. We discussed, in detail, the benefits of a prenuptial agreement in his situation.
It's Wedding Season: Do I Need a Prenuptial Agreement?
From Data to Decisions Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. Exclusive Depth and Reach. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
2022: Changes to the Pennsylvania Support Guidelines | JD Supra
The Pennsylvania Support Guidelines are reviewed every four years often resulting in changes to parties’ support awards and obligations. Recent changes to the statewide guidelines for calculating child and spousal support have changed effective January 1, 2022. While the primary changes to these updated guidelines are the modification to the support amount, there are several other changes as well.
Vaccinations And Custody: What Happens When Divorced, Separated Or Unmarried Parents Can't Agree?
Obermayer Rebmann Maxwell & Hippel United States: Vaccinations And Custody: What Happens When Divorced, Separated Or Unmarried Parents Can't Agree? 15 November 2021 Obermayer Rebmann Maxwell & Hippel To print this article, all you need is to be registered or login on Mondaq.com. Parents are facing an important health decision for their children.
Vaccinations and Custody: What happens when divorced, separated or unmarried parents can’t agree? | JD Supra
Parents are facing an important health decision for their children. COVID-19 vaccinations have now been approved for children ages 5 and up, which has led to custody disputes emerging between parents as to whether or not a child should be vaccinated. How should parents navigate this issue? As outlined in our previous coverage and Hillary Moonay‘s interview for the Washington Post, in Pennsylvania, most parents share joint legal custody of their children.
Vaccinations and Custody: What happens when divorced, separated or unmarried parents can’t agree? | JD Supra
Parents will soon face an important health decision for their children. Covid-19 vaccinations have been approved for children age 16 and up. Vaccine trials are currently taking place for children aged 12-15 and are likely to be approved by the summer. It is also likely that the Covid-19 vaccine will soon enter trials for younger children. All of this has led to custody disputes emerging between parents as to whether or not a child should be vaccinated. How should parents navigate this issue?
Divorce: Common Financial Mistakes to Avoid | JD Supra
As we finally put 2020 in the rearview mirror, many people are looking forward to the new year and completing or starting tasks that may have been put on hold. For some people, that means taking the necessary steps to pursue or complete a divorce. In preparing for divorce, clients often ask how to best protect themselves financially and what, specifically, they should not do if they know divorce is on the horizon.
Unemployment and Support Obligations in the Time of a Pandemic
Commentary With many people losing jobs or being furloughed, the ability to find a new job is almost impossible right now. As a result, job loss for those individuals who have support obligations is extremely stressful. Hillary Moonay of Obermayer Rebmann Maxwell & Hippel (Photo: Courtesy Photo) While the loss of a job may often affect the support obligation that one party has to pay to the other, there may be unique considerations in the time of a pandemic.
Productivity in the Time of Covid-19: Organize Your Unreimbursed Medical Expense Receipts | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Preparing for Divorce: 5 Things You Need to Know | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New Year, Same Divorce | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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