Robert L. Sharpe Family Law Blog

America's divorce rate has been falling steadily since 1980 and is at its lowest point since 1973, according to information compiled from National Vital Statistics, Population Surveys and Community Surveys.

For 2008, the most recent year data is available, the number of divorces per 1,000 marriages by year stood at 16.9, down from 17.3 in 2005 and down from 18.8 in 2000.

The divorce rate hit an historic high point, at 22.6 per 1,000 marriages, in 1981-1983, which... Read More

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Last year I represented a woman in the midst of a divorce whose Husband wanted to lower his spousal support payments because he had taken early retirement from his union job. His employer had offered "buy-outs" to union members which carried lump-sum cash payments when the worker accepted early retirement.

The Husband argued in court that if he had not accepted the buy-out, he would likely have lost his job in a layoff. The Husband now wanted his support payments based... Read More

The general rule is that whichever parent has a child most overnights per year is entitled to claim that child as a tax dependent.

However, with the trend of more parents having equal, or 50-50 shared custody after a separation or divorce, the question often arises as to which parent can claim the child on their tax return.

The best answer is for both parents to agree. This arrangement can be formalized in a custody agreement or property settlement agreement (also known as... Read More

Pennsylvania's child support guidelines require that a parent must have at least $867.00 of income per month before they are obligated to contribute to child support. That amount is equal to the 2008 federal poverty level and is called a self-support reserve.

For example, if a parent receives Unemployment Compensation or Social Security Disability payments of $867.00 a month or less, they will not be required to contribute to child support.

However, simply because an... Read More

Child support payments are based on the incomes of both parents. A percentage of their combined incomes is supposed to be devoted toward the support of the child. The dollar amount of support depends on the total income and number of children who require support. Each parent must pay a pecentage share of the overall support, based on their respective incomes.

The law broadly interprets how "income" is defined. Generally, any money - earned or otherwise - that is within... Read More

A Lehigh Valley Family Court judge whom I respect has developed a list of "Custody Decision Factors" that the judge relies upon when considering whch parent is best suited to be a child's primary custodian. The judge decides which parent has the upper hand in each factor, based on evidence and testimony.

The factors are the judge's; the comments or explanations are mine.

1. Home: Who better encourages... Read More

A Lehigh Valley Family Court judge whom I respect has developed a list of "Custody Decision Factors" that the judge relies upon when considering whch parent is best suited to be a child's primary custodian. The judge decides which parent has the upper hand in each factor, based on evidence and testimony.

The factors are the judge's; the comments or explanations are mine.

1. Home: Who better encourages... Read More

A child's right to financial support can not be bargained away or waived by either parent. For example, a promise by Mother not to demand child support from Father will not be enforced by the court. Such an agreement will not be recognized, as Pennsylvania couts view this as a violation of public policy. 

I see this this situation arise quite often. A Father who resents paying child support may threaten a costly custody battle with Mother, unless Mother... Read More