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Spring Clean Up – Refreshing Family Law Cases

As a teenager and prior to attending las school, I worked physical, outside jobs. As a landscaper, this time of year was big for spring “clean-ups” where I would rake old leaves, remove fallen sticks and branches, clean out shrubbery and flower beds, thatch the grass, and just generally refresh a yard that had been impacted in whatever way by the previous Fall and Winter. This would get things ready for the Spring plantings and routine maintenance of the changing seasons.

What does that have to do with family law?

First, it reflects that I’ve never shied away from hard work, and in fact, actively sought it out. I enjoyed working with my hands and pushing the limits of what I was capable of physically and mentally. That continues today, through my lifelong commitment to strength training and an active outdoor lifestyle. While I am active outside year round, choosing to embrace each season and its unique attributes, others seem more active when the weather turns “more pleasant.” The birds are back chirping, flowers are blooming and people with cases in Family court are cleaning out their closets so to speak and ready to make changes or finalize things.

As the Spring arrives, it can be a time to thaw out older cases that had been hibernating perhaps over the Fall and Winter months, to revisit and refresh older or outdated Orders for Child Custody and Support, and to move along Divorce cases that had been sitting without any progress.

If you have the need for a lawyer, perhaps we can help; if you already have counsel, but feel the need to move in a fresh direction, maybe we are a better fit? If you have questions about the changes to Custody resulting from Kayden’s Law from this past summer, or are curious about what the recent decision in Glover v. Junior could mean for you, we may have the answers.

Free 10 minute consultation for any  Allegheny County Adult family law matter. (412-303-9566)

Glover v. Junior – Intent Based Parentage

Two weeks ago, on March 202, 2025, the Pennsylvania Supreme Court issued its decision in the case of Glover v. Junior; a landmark decision that adds a fifth pathway to parentage, Intent Based Parentage. This case involved a married female couple who utilized ART (Assisted Reproductive Technology) to conceive a child. The case presents a unique set of facts and references past presumptions under PA Law, but at the end of the day sets forth a new wat to establish parentage, by specific Intent.

Kayden’s Law – Update and Practice Tips

It has been nearly eight months since Kayden’s Law went into effect on August 14, 2024, and we are seeing how the changes are being implemented in new filings and custody modifications.

To review, among the changes to PA Custody Law (Kayden’s Law) that went into effect on August 14, 2024, were changes to the Custody Factors, Criminal Abuse Verification Form and additional safeguards to ensure the safety of children in custody situations.

Factors when awarding custody.
Pa.C.S. 23 §5328 (a) lists the sixteen factors considered by a court in awarding custody.
Pursuant to the most recent 2024 changes to the law:

In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving substantial weighted consideration to the factors specified under paragraphs (1), (2), (2.1) and (2.2) which affect the safety of the child, including the following:

(1) Which party is more likely to ensure the safety of the child.
(2) The present and past abuse committed by a party or member of the party’s household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.
(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).
(2.2) Violent or assaultive behavior committed by a party.
(2.3) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party if contact is consistent with the safety needs of the child.
(3) The parental duties performed by each party on behalf of the child.
(4) The need for stability and continuity in the child’s education, family life and community life, except if changes are necessary to protect the safety of the child or a party.
(5) The availability of extended family.
(6) The child’s sibling relationships.
(7) The well-reasoned preference of the child, based on the child’s developmental stage, maturity and judgment.
(8) The attempts of a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child. A party’s reasonable concerns for the safety of the child and the party’s reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child’s deficient or negative relationship with a party shall not be presumed to be caused by the other party.
(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child or self from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
(14) The history of drug or alcohol abuse of a party or member of a party’s household.
(15) The mental and physical condition of a party or member of a party’s household.
(16) Any other relevant factor.
(a.1) Exception. — A factor under subsection (a) shall not be adversely weighed against a party if the circumstances related to the factor were in response to abuse or necessary to protect the child or the abused party from harm and the party alleging abuse does not pose a risk to the safety of the child at the time of the custody hearing. Temporary housing instability as a result of abuse shall not be considered against the party alleging abuse.
(a.2) Determination. — No single factor under subsection (a) shall by itself be determinative in the awarding of custody. The court shall examine the totality of the circumstances, giving weighted consideration to the factors that affect the safety of the child, when issuing a custody order that is in the best interest of the child.

If you are in the midst of a Custody Case or are considering filing for Custody in Allegheny County or filing a Modification of Custody, our Pittsburgh Law Firm can provide you the counsel and direction you need to assist you with the legal requirements and can explain the changes to Pennsylvania Child Custody Law and our experienced family law attorney can guide you through the process.

How to Navigate Lease Termination Amidst Family Changes

When you’re writing your Letter of Intent to termination of lease agreement by tenant letter, in reference to residential real estate, it’s helpful to consider the many possible challenges in this process from a practical sense and an emotional standpoint. Since terminating a commercial lease can be extremely complex, this discussion will focus on the a) emotional impact of writing a letter of termination and b) the significance of terminating a lease for residential real estate as it relates to family law issues. This is a completely separate issue from terminating a commercial lease which may have many different legal terms.

To begin with, let’s define what a Letter of Intent to terminate the lease agreement by tenant is and the how it is a necessary tool for any landlord or tenant in any situation. A Letter of Intent to terminate lease agreement by tenant is written when a tenant wishes to vacate a property. These letters are very common and generally used with all types of leased real estate, whether this pertains to a lease on a home, a commercial building, retail store or various other forms of real estate property. There are a few common circumstances which may prompt a termination of lease, including the following: In the sphere of a divorce, there are additional situations which may warrant a decision to terminate a lease.

To give an example, if a husband and wife are living in the same home or leased property, it is likely that at least one of the individuals will need to find new accommodation immediately following separation. The spouse who is moving out of the home will need to end the lease in the form of filing a letter of intent to terminate lease agreement by tenant. If children are involved, it is equally important for the spouse who is leaving the house to quickly remove them in order to prevent the court from appointing a custody order that simply awards custody of the family home to the individual who is still residing in a real estate property. In particular, this can be a very big issue in a high net worth divorce or one involving a considerable amount of property.

There are several ways in which a Letter of Intent to terminate the lease agreement can be nuanced and this can ultimately differ depending on whether a person is filing this for residential or commercial real state. For example, if you are breaking a lease for commercial property, you will need to take care of the issues regarding the business and vacate the office or store in which you had been operating. In the case of a residential real estate property, the only way to get out of the lease may be to pay the next month’s rent and an additional month or two, if necessary. This may also involve returning the keys and conducting inspection of the property in order to determine if there was any damage done to the real estate property.

Exiting from a lease can be an emotionally difficult task, whether this involves familial restructuring or not. In the case of a divorce or separation, if children are involved, it is important to remove them from the property unless absolutely necessary. On another note, you may need to take care of the property for several weeks before you are able to meet with a partner or sign a new lease elsewhere. This can be a challenging time for both parties and can put a damper on the potential for amicable negotiations.

To begin with, if a spouse is vacating a property in which they were residing during the marriage, they must maintain a current address and ensure that their rent is covered by themselves or a joint account until such time that they have an orderly transition into a new property. It is certainly possible to handle all transfer actions out of court, whether this relates to residential real estate or commercial real estate. However, in some cases it becomes necessary to involve the court. In the case of a residential real estate property, this is particularly true in a high net worth divorce – an issue which is discussed further in this article.

For more information on lease agreements and tenant rights, you can visit HUD’s Tenant Rights page.

Understanding Oregon Break and Lunch Laws: A Guide for Family Law Clients

Over the years, I’ve become acutely aware of a legal area that intersects with many of my family law matters but that many of my clients are unfamiliar with. This area concerns oregon break and lunch laws in the workplace. Although it’s not usually a central issue in divorce or other family law matters, the information below is invaluable to anyone in a negotiation with an employer that involves employment time.

Under Oregon law, the following rules apply to break periods:

  • An employee who works three hours or more is entitled to a rest period of at least 10 minutes.
  • An additional 10 minutes of rest time is due if the employee works through lunch without taking a meal time.
  • Employees can’t give up their right to a rest period.
  • Employees can’t be made to work during a rest period.
  • Employees must be allowed to choose how their rest time is taken, including whether it will be taken in one block or several.

Oregon’s break laws require everyone who works a minimum of three hours to receive a rest between any working period. The exception to this is for workers whose duty to work is for less than twenty-four hours, who are not provided a rest period between duty assignments. The federal law differs from Oregon’s law by being less specific in its designation of employer duties. Unless the break is designated as paid, unpaid rest breaks are recommended to last for no longer than 20 minutes. A rest period of 20 minutes works well within the totality of an eight-hour workday.

The federal law renders mandates for employers to grant workers a 30-minute duty-free meal period, provided that the worker remains at the worksite and is allowed to leave the work site during this timeframe. Again, the federal law is different than the state law in that it specifically states that no payments of wages are to be made during the break. While Oregon state law states that rest periods are to last for 10 minutes, there is no stipulation on how often these breaks must take place. As long as workers receive the benefits of their unpaid time-off rights, employees can decide when and how they want these breaks taken (as long as the breaks take place within the allotted points of rest).

The most critical point of law is that contracts can’t be made that stipulate that the employee must forgo his or her right to a rest period. The strict regulations of Oregon’s unpaid meal periods and paid rest periods shine a bright focus on the importance of this aspect of a contemporary work life. For example, if you are a parent just beginning to negotiate a custody plan for your children and your plan is expected to include child care before or after school, understanding the law can prepare you for a meaningful discussion of the places and situations where child care is likely to be needed. Maybe you are applying for alimony in a divorce and have flexible hours at work. If your hours are too inflexible to allow you the time to seek employment outside the home, knowledge about unpaid meal periods may give you leverage in negotiations with your spouse’s attorney. Perhaps you have a flexible schedule, so seek more time in custody. Knowledge of Oregon’s break laws can help you plan for a better work life and also make you a more effective negotiator during family law proceedings.

Many parents with very busy work schedules often cite the difficulty of arranging time with children while on the job. Yet, these parents frequently do not really understand how Oregon law is designed to allow them to maximize their time spent with their children. Busy parents with flexible work schedules are more likely to have the opportunity to participate in as much of their children’s lives as they would like. Understanding the law allows a parent to balance the many facets that Texas law places on parenting coordination with a parent’s legal right to be available to children on a daily basis.

For more information on labor laws, you can visit the U.S. Department of Labor.

Understanding ND Lease Agreements: What Every Family Should Know

Understanding ND Lease Agreements in Family Law

In the course of a divorce or child custody case, a family could be required to either vacate a piece of real estate in which they reside, or they may be required to relocate. These changes in residence may come via comprehensive ND lease agreements. A troubled marriage, unstable relationship, or an end to cohabitation can all result in shifting living arrangements, and ultimately a new ND lease agreement. Ahead of entering into a lease agreement, it is a good idea to have legal counsel in mind to help you secure the terms that are necessary for your personal and family needs. A consultation with a family law attorney can help you determine what terms may be needed to protect you in any future divorce or child support proceeding.

When it comes to a lease agreement, there may be several issues that arise on either side of a divorce, which can be a cause of negotiation, contests, or even order enforcement actions. ND lease agreements may impact a parent’s ability to get or maintain their desired custody arrangement, so we have provided some insights on how it may affect a child custody proceeding. ND lease agreements for a residence may prove to be particularly problematic during the divorce process if it is not carefully negotiated. Each party may attempt to move into a home where the other party refuses to allow access. A situation could be further complicated by a desire to change the locks; or a refusal to return household items. Under these circumstances, an ND lease agreement could be helpful or hurtful.

Even prior to signing a ND lease agreement for a residence, it is important to understand that a tenant has rights to: Under these circumstances, a ND lease agreement may provide you with the following: ND lease agreements are legally binding. Entering into one without understanding the applicable terms may put yourself and your assets in jeopardy. Having legal representation for an ND lease agreement can help you understand whether you should negotiate for specific terms, and how a ND lease agreement may be used for your purposes.

An ND lease agreement may be significantly different from a standard lease agreement, both because of the time limits ascribed and the property at stake. An ND lease agreement may simply provide a short-term for either party to find alternate residence, but it does not provide for a long-term arrangement. For example, if a tenant to the ND lease agreement performs a function that may leave the homeowner liable to injury or neglect by the tenant, then the ND lease agreement must specify for adequate liability coverage.

In the many years of practice, attorney Scott L. Levine has assisted with the creation of numerous ND lease agreements. As a local resource, his assistance has helped countless clients achieve the best possible terms to protect their families when moving to a new home in an uncertain economic climate. To learn about ND lease agreements, or schedule a consultation to discuss your needs personally, visit: http://irchlb.org/insights-on-nd-lease-agreements-crucial-elements-to-consider. When you are replacing the ND lease agreement of your residence, it can be difficult to see how replacement of a home may impact you and your family in the coming months. Often, you may be encouraged to go off and seek an apartment, which may be for a short-term period of time, only to be asked to leave within months. An ND lease agreement can provide for many important conditions, such as the following:

Why Family Matters Could Lead You to a Tax Evasion Lawyer

The Intersection of Family Law and Tax Evasion

The world of family law can intersect with the world of finances and tax evasion. When it comes to your family, you want the best possible outcome, but if that outcome also means a run-in with the IRS, you probably want a knowledgeable tax evasion lawyer on your team.

The Oath to Excellence

While Scott L. Levine may specialize in family law, his philosophy is that tax law must be an integral part of any settlement. His firm offers divorce mediation, child custody, child support, child support modification, spousal abuse representation, family law, pre-nuptial agreements, kinship law, real estate law, bankruptcy, and traffic appeals. But any of these issues could also mean a complicated legal situation, which is when knowledge of tax and tax evasion laws will come in handy.

Child Custody and Payments

A simple child support agreement may not seem to intersect with legal tax issues. But if your ex-spouse is grossly under-reporting their income while supporting the children, then you may want to consult a tax evasion lawyer to help your case. Failure to report income (in most cases) would now be illegal and contacting a tax evasion firm could be beneficial for all involved to sort out the facts of the case.

Taxation and Divorce Settlements

Your former spouse’s tax returns could cause serious issues in a divorce settlement. For example, if you give up major assets in the settlement (such as vacation homes, expensive art, and other assets listed in the divorce agreement), the IRS may consider this as “income” and tax you for the loss. You do need legal representation for a divorce that involves a substantial amount of money.

When to Call a Tax Evasion Lawyer

Your tax situation could even affect your child. On occasion, the Internal Revenue Service may audit a family due to the way child support payments are made. There are known cases where financial disclosures were so drastic that the IRS audited every family member based on one child’s tax information. If you are being audited, get a legal representative, and you will have a much better chance of receiving a tax break.

Common Tax Mistakes to Avoid

There are a few common tax mistakes people make with regards to family law. One mistake is the alimony deduction, hence the above note about being audited based on a child’s tax return. Another mistake is not arranging payments through court-approved alimony payments. This will help both you (as the recipient) and your former spouse (as the evader) to avoid future issues.

The Right Representation to Fight Tax Evasion

Having the right representation could save thousands of dollars in tax penalties. Get the best representation and receive a much better result with the right lawyer on your side. These are some explanations of when you might need to contact a tax evasion lawyer.

Mastering Legal Formalities: A Guide to Trailer Rental Contract Forms for Families

Whether your family is in the midst or beginning the transition of divorce or separation, or simply needs a temporary rental to haul supplies to your new home, it’s important to understand the ins and outs of all legal forms you’ll come into contact with, including this essential document. Sound daunting? It’s not when you have the benefit of Scott L. Levine in your corner – offering compassionate and supportive legal counsel every step of the way. Following is an overview of a trailer rental contract form, a description of its purpose, and how it can help you better plan the next step of your family’s journey.

A trailer rental contract form is a simple, standard legal document – and, like most contracts, it contains specific information about what services are being exchanged (at what price) and what the terms of the transaction entail. Standard trailer rental contract forms typically include the following information: This is all useful information, particularly if several family members are involved in the process. But what is the real purpose of this contract – and how does it matter to you and your loved ones? The main purpose of a trailer rental contract form is to more fully detail the commitment that is being made between two parties sharing a working relationship. When a rental provider enters into a contract to rent or lease a trailer to a separate person or business, this process is for his or her protection, and allows for the provision of an orderly process should any disputes arise. Should legal action be necessary, the contract is signed to serve as evidence in any such proceedings.

Trailer rental contract forms are important in legal matters even beyond renting, leasing or borrowing a temporary trailer. In the event of separation or divorce, for example, it is not uncommon for one spouse to lease a temporary home or other holding for the family. When any number of family members need the ability to maintain separate addresses, it is wise to sign a trailer rental contract form to establish expectation for how your family will move forward. These are just a few ways in which a trailer rental contract forms can be useful to your family, whatever stage in the season of transition you may find yourselves. If you are entering into a legal agreement of any kind, it is important to carefully vet the contract before you sign – just as it is essential to research thoroughly any legal documents you don’t understand.

Boosting Your Legal Practice: How ERP Tools Can Streamline Family Law Services

ERP stands for “enterprise resource planning.” It is the process of integrating your computer network to make your entire organization run more smoothly. In large organizations, the ERP system helps manage scheduling, parts inventory and employee assignments. When computerized correctly, it makes it so that each person and each department can keep running smoothly without having to wait for information from another department or part. What is included in an ERP system? While the components can vary, this is an example of some of the things you can expect with an ERP system: Why would erp for legal firms be relevant to the legal field? Because you have a team and divisions within the team. Legal firms are arguably even more complicated than many other organizations, as lawyers find it necessary to create complex billing reports on their clients. They also have to assign tasks to their staff and spread resources over sometimes numerous areas.

In family law, ERP integration will make communication with your clients much smoother and more responsive. When you schedule an appointment for your client to come into your office, your employees will be able to check on the calendar so that no other employees schedule a client for the same hour. Employees will also be able to check on your calendar if they need to schedule hearings or other case-related appointments. An ERP system will enable your employees to access your calendar. Since your schedule is tied in with the firm’s overall resources, they can instantly see if other lawyers are available for research or other department needs. Family law often has many scheduled appearances, but even more important is having the most current documents for your clients’ cases.

Lawyers can also spend a lot of time filing, always concerned about maintaining client confidentiality. Even the best filing systems are imperfect, so that your office staff can waste precious time looking for missing files and trying to locate them. With an ERP system, all important documents can be scanned into the system and protected there. If someone needs access to it, they can look it up from any computer in the office, on the laptop they take to court, or even on their tablet or smartphone at home. Often, lawyers can look at their financials and have one report to show them that all the bills are being paid well, another has them seeing how many new clients they have signed up this month. If you work for a family law practice, you GET the importance of knowing all your numbers. Not only does it create a consistent, client-friendly way to communicate with your clients, but it helps you to streamline your bill and other financial reports. If you have a busy practice, the numbers can get complicated – especially when you have to break them down by case and matters.

Other advantages of using ERP tools include: The cost for ERP systems has come down so much that even small law firms can afford it. You can, for example, use a cloud-based service, which means you won’t have to buy all the expensive servers, routers and other set-up hardware. By using a SaaS (software as a service) model, you have almost instantaneous access to the services. There are a number of different options for law firms, including: According to a 2016 survey by Clio, most lawyers spend more than one day each week on administration, billable and non-billable. Combining ERP tools with business practices will leave your firm much more efficient and cut down on the stress that keeps so many lawyers from practicing law.

As a recognized authority in family law matters, Scott L. Levine has dedicated his career to helping families come through divorce intact. His work with partners throughout the region provides him with insight on many of the domestic relations problems families face. Balanced and well-rounded, he brings their perspective into the courtroom. Levine & Benjorin, LLC prides itself on being a compassionate, client-centric practice that focuses on reaching the peaceable results that people desire. To learn more, contact Scott L. Levine.

For more information on ERP systems and their benefits, you can visit the Wikipedia page on Enterprise Resource Planning.

THE NATIONAL ASSOCIATION OF DISTINGUISHED COUNSEL – Scott L. Levine, Esquire

Scott L Levine, of Law Offices of Scott L. Levine, LLC, has been selected to the 2023 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.