Posts made in April 2020

Today, April 28, 2020, the Supreme Court of Pennsylvania entered an Order extending its March 16, 2020 Order with regard to the statewide judicial emergency through June 1, 2020.

It goes on to state that beginning May 4, 2020 unless provided by a local emergency Order Pennsylvania courts shall be open to conduct court business, but all in-person access and proceedings shall be strictly limited according to the terms of the Order or a more restrictive order issued by a local court. The courts’ priorities shall remain centered on their critical functions.

It also sets forth that in jurisdictions with prevailing local emergencies, self-effectuation extensions may be filed, however any declaration extending a local emergency beyond June 1, 2020 should provide supporting reasoning.

President Judges may restrict access to court facilities so that appropriate social distancing can be maintained. To the degree practicable in light of the necessity for some in-person appearances and proceedings…courts shall permit parties’ physical presence to be excused…all courts…are encouraged to consider deciding matters on the papers and/or to conduct court proceedings though the use of advanced communication technologies.

President Judges are given substantial discretion in connection with the enforcement of time deadlines to ensure they do not create an unreasonable risk to the health or safety of court personnel, attorneys, court users, or the general public.

Priorities of critical court functions are detailed, as are issues involving: Jury Trials, Payments, Constitutional Issues, Children’s Fast Track Appeals.

Guidance to Legal Professionals is to counsel their clients that the public health emergency can in no way be used to secure strategic advantage in litigation, including by means of dilatory conduct. In such instances it may be useful to explain the duties of a lawyer as advocate continue during the Covid-19 crisis, including the duty to expedite litigation, the duty of candor toward the tribunal, and the duty of fairness to opposing party and counsel.

The Court continues to authorize and encourage use by legal professionals of advanced communication technology to the greatest extent possible. This also permits lawyers access to their physical offices on a limited basis to render legal services that cannot be practically completed through advanced communication technology for a limited scope of timely matters involving health care, end-of-life decision making, government benefits necessary to sustain life and access healthcare and income.

Note that in Allegheny County, our local Family Court has been constantly updating local procedures since the beginning of the pandemic and as recently as Friday, May 8, 2020, implemented advanced communication measures for Judges, Hearing Officers and Masters.

Bottom line is that these are unprecedented times, and cooperation is needed from everyone. It is also realized that some matters are more urgent than others and will require immediate attention. We are fortunate locally, to have a lot of hard work being performed behind the scenes in order to better serve the residents of Allegheny County.

As always, we provide updated links to additional Free Legal Resources which can answer many of your PA Family Law questions and we continue to provide answers to Frequently Asked Questions. We are also available by phone if you have specific questions or require legal assistance from an experienced Pittsburgh Family Law attorney. Call today 412.303.9566. Video meetings and online payment.

Thorough, compassionate family law legal counsel accomplishes two main things. First, it strives to protect clients’ interests in ideal situations while preparing them for the worst case scenario. Second, the attorney helps the client understand the full landscape of his or her situation so that they can accurately determine what is needed to ensure the best possible outcome. This applies to everything from divorce settlements to custody agreements, and it means knowing how seemingly unrelated financial details could affect your overall case.

One example of a detail that may seem unrelated but can actually affect family law matters is the new revenue recognition standard. Widely accepted by the financial community for years, this financial standard has also been adopted as law by the Financial Accounting Standards Board. Those who know what June 2018 marked in terms of the adoption of ASC 606 don’t need this explanation – they already know how important it is. For the rest of the audience, the ASC 606 standard requires that they fully understand how contract assets and related details are recorded, distributed, tracked, and understood before they continue in their profession. While the standard might be related to the cataloging of complex contracts with clients in the business world, there are potential implications on family law matters.

For example, understanding the fundamentals of ASC 606 contract assets can potentially – though not always – have ramifications on financial documents like net worth statements that could lead the Family Court or involving parties to better understand how much a particular business or enterprise is worth. The same can be true for marital settlements in general. This standard only became law in June of 2018, so many adaptions, interpretations, and improvements to the standards are still being developed. It’s entirely possible that the future may bring further refinements to the contract assets standard that will help family law participants understand complex assets. In the meantime, learning about these kinds of financial details can help family law attorneys better prepare their clients for their cases.

However, it doesn’t just work in favor of the professionals. Anyone learning the details of ASC 606 contract assets can find it helpful to them, whether they’re the subject of the settlement or the one who is requesting that the standard be taken into consideration. This means that contract assets and their recording can also have implications on spousal support factors like the length of marriage that play into alimony arrangements. Additionally, it can come into play on a small number of occasions when dividing up a couple’s property when they divorce. In some cases, the contract assets detailed in a company’s accounting may make the couple’s property division complicated due to the asset’s classification as a current or long-term asset. Additionally, the scope of the contract assets could mean a lot to the overall property division discussion, particularly in firms owned by one spouse and where the company has enormous cash flow.

A deeper understanding of the factors that affect these details can help attorneys when it comes to troubling situations involving complex property division. For example, if two spouses own numerous business entities and are absolutely determined to protect these assets from even the slightest encroachment, having contract assets on hand doesn’t just help clarify one spouse’s “true” position, but it also clarifies whether or not the other spouse is trying to hide assets for purposes of protecting their own positions. This means that greater knowledge of these financial details can benefit clients in the long run.

While learning the full complexity of the ASC 606 contract assets standard isn’t mandatory for family law attorneys, it can nevertheless help them to fully prepare for any possible situation. Learning about various accounting standards like this is just one way to extend one’s own knowledge and understanding of the complexities of assets, the nuances of a client’s case, and the possibilities that might open or close to the client during the course of the settlement process.

The following guidelines and electronic petition submission tool are provided to assist pro se litigants (not represented by counsel) who are experiencing a custody related emergency and would like to file a motion for the Court of Common Pleas to intervene.

If you are not represented by an attorney and would like to submit an emergency motion, you are asked to review and acknowledge your understanding of the following information before proceeding to the Electronic Request to Petition Submission tool.

• Custody orders entered prior to the Declaration of Judicial Emergency dated March 26, 2020 shall remain in effect unless modified by the Court. Both parties should follow the provisions of the current custody order as written. If you and the other party agree to a modification, you may make that change without motioning the Court to modify the order.
• Although school may not be in session at this time, custody orders which provide for school-time and summertime schedules should be followed as written. The summer schedule will begin when your child’s school was scheduled to close for the summer. If you and the other party agree to a modification, you may make that change without motioning the Court to modify the order.
• If your work schedule and/or that of the other party has changed, discuss this with the other party and attempt to reach an agreement that makes sense for your family. If you both agree to change the order, you do not need to petition the Court to modify the order.
• If there is an interruption in following the custody order due to the Coronavirus and your child is physically safe, this is not considered an emergency. You may address the interruption in the custody schedule by filing the appropriate legal paperwork when the Court resumes regular business operations.
• If the custody matter involves an Allegheny County Family Division Juvenile Section case, please contact your attorney, CYF caseworker, or probation officer.
• If you have an emergency regarding custody of your child/children and it does NOT involve a juvenile court case, determine if you need to contact the Office of Children, Youth, and Families and/or local law enforcement prior to proceeding with an emergency custody motion.
• Filing a new custody complaint, a petition for modification of a current custody order or submitting a petition for contempt are not considered emergencies. These documents can be filed when the Court resumes regular business operations.

Please keep in mind that the Court may decline to grant your motion if it is determined the relief requested is not an emergency.

As always, we provide updated links to additional Free Legal Resources which can answer many of your PA Family Law questions and we continue to provide answers to Frequently Asked Questions. We are also available by phone if you have specific questions or require legal assistance from an experienced Pittsburgh Family Law attorney. Call today 412.303.9566. Video meetings and online payment.