Pennsylvania Support Changes

January 1, 2022 saw the changes made pursuant to Pennsylvania’s quadrennial review of child support go into effect.  While most of the changes and updates were minor, there are some that may impact existing child support orders.

The largest change provides for across the board increases in the child support guideline calculations at all income levels.  The rule change provides for an average increase at all income levels of 15% for one child, 16% for two children and 18% for additional children.  Although, families with high income earners tended to see the largest increases.

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Third Parties Can Have Child Custody Rights Too In Pennsylvania

In Pennsylvania, a parent of a minor child may file an action for physical and/or legal custody of the child.  In certain circumstances, this right is also extended to grandparents and third parties who stand in loco parentis to the child.  Therefore, though it is presumed the parent has a right to custody, it may be forfeited if, by convincing evidence, the best interest of the child is served by awarding custody to a third party.

A person who stands in loco parentis has created a parent-like relationship to the child sufficient to warrant providing that individual the right to seek continued contact with the child.  This status can be conferred upon any third party, including, but not limited to, current or ex-spouses or partners, friends, siblings, and distant relatives.  The Pennsylvania Supreme Court in the case of T.B. v. L.R.M. provided a succinct definition of how a third party may establish a parent-like relationship:

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Never Again – How Kayden’s Law Seeks to Protect Pennsylvania’s Children From Abuse

“Dogs have more rights than children.”

These are the powerful, haunting words spoken by the aunt of Kayden Mancuso, a 7-year old child who was brutally bludgeoned to death by her Father, Jeffery Mancuso, on August 6, 2018, only a few short months after her Father was awarded partial, unsupervised custody pursuant to a Court Order entered May 21, 2018.  Unfortunately, Kayden’s death was not the first, nor the last, to occur at the hands of a parent where warning signs were present.  But it was Kayden’s death which spurred the introduction of SB 868, also known as “Kayden’s Law.”  In order to understand how we got here, and why changes to our law are necessary, we must review the custody analysis in Pennsylvania and how Kayden’s custody order was a legally-sound result of insufficient legislation.

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Jennifer Brandt was Featured on Court TV

Jennifer Brandt, chair of the firm’s Family Law Practice, was a guest on Court TV discussing updates in the George Floyd and Amber Guyger cases.

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Jennifer Brandt Appears on Fox 29 News Discussing the Status of Divorce Proceedings during the COVID-19 Pandemic

Jennifer Brandt, chair of the firm’s Family Law Group, was a guest on Fox 29 News discussing the current status of divorce proceedings in light of COVID-19.

Watch here: https://www.fox29.com/video/833760

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Jennifer Brandt Appears on Fox 29 News

Jennifer Brandt, chair of the firm’s Family Law Practice, appeared on Fox 29 News to discuss the New Jersey couple who is suing a Manhattan fertility clinic.

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Jennifer Brandt a Guest on Court TV

Jennifer Brandt, chair of the firm’s Family Law Practice, appeared on Court TV discussing Amaud Arbery and the latest in the Baby Evelyn case. 

To listen to Jennifer’s legal take, click here.

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Jennifer Brandt Appears on Court TV

Jennifer Brandt, chair of the firm’s Family Law Practice, was a guest on Court TV  discussing Chad and Lori Vallow Daybell and her missing children, JJ Vallow and Tylee Ryan, the Cleveland cold case mystery, and Juan Martinez’s appeal to get his job back with the Maricopa County Attorney’s Office.

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Jennifer Brandt a Guest on Court TV

Jennifer Brandt appeared on Court TV discussing three top of the news cases: Bodycam shows Gilbert Police interview Lori Vallow after husband tried to get her mentally evaluated; Chicago’s County Jail Is Facing The U.S.’ Worst COVID-19 Outbreak; and Paul Hildwin now free after spending 28 years on death row for a Florida murder. Jennifer even spent some time talking about Tiger King.

To listen to Jennifer’s legal take, click here.

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Five Steps To Consider When Contemplating A Divorce During The COVID19 Pandemic

In the midst of this pandemic, many are speculating that the aftermath will result in a baby boom or a rise in the number of divorces.  Perhaps there will be a bit of both.  It is undisputed that there are typically an influx of divorce cases after the holidays and summer break because these are times when people spend a lot of time together, after which, they may realize that their relationship is not working.   With the outbreak of COVID 19 and people being forced to shelter at home, many couples are similarly recognizing that they cannot continue in their present relationship.  People are reflecting on their lives and are deciding to make changes.

A prior post addressed, five tips to consider before filing a divorce generally. While these tips are still applicable, given the current situation with couples being forced to stay and work at home, added financial pressures, and many courts being temporarily closed or  operating on a limited basis, there are some additional considerations that are now appropriate for those contemplating divorce now or in the future:

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About Family Law Focus
The Family Law Focus blog provides highlights, updates and insights on complex family disputes including divorce, division of property, and alimony; child and spousal support; child custody; domestic violence; pre- and post-nuptial agreements; name changes; and adoption or termination of parental rights.
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The Editor

Attorney Jennifer A. Brandt, chair of Cozen O'Connor's Family Law practice, has represented a wide variety of clients in hundreds of family law cases in Pennsylvania and New Jersey. Jennifer is a regular legal commentator on national and local television outlets such as CNN, Fox New Network, HLN, MSNBC, Fox29, ABC News, NBC and CBS and frequently writes and contributes to articles in numerous publications, including the Huffington Post, Fox Business.com, The PhiIly Post, Avvo.com, Allparenting.com, The Philadelphia Inquirer, The Philadelphia Business Journal, the National Law Journal, and Main Line Today magazine.
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