Family Law Blog

We are proud to announce that our 13+ year support for the American Foundation for Suicide Prevention (AFSP) continues with our sponsorship of the second annual AFSP – Out of the Darkness – University of Pittsburgh Campus Walk.

To date we have been a part of teams that have raised tens of thousands of dollars for suicide prevention and mental health awareness, and are honored to be able to partner with our Law School Alma Mater to continue expanding our dedicated efforts supporting a cause near and dear to us.

We have maintained links to many helpful related resources on our Free Resources page and always encourage anyone to utilize the many people and places that exist for those who are suffering silently. We seek to end the stigma and look towards education, outreach and assistance to all those that they would benefit. It takes courage to stand up and ask for help, but it is worth it.

Chat for free before there’s a fee™.

Many years ago, when I started my own firm, I sought not the perceived prestige, but doing right by the people sitting across from me at my conference table.

As time has passed my passion for service and helping others has only grown. I liken it to all the enthusiasm of a new lawyer tempered with the battle tested, hardened experience that’s only gained from the tests of time.

What you get from me:

• Approaching 20 years of experience.
• The understanding that there is no substitute for experience
• Perspective, wisdom, knowledge.
• A free consultation to see if we’re a good fit for each other.

More options for clients.

• I offer boutique concierge type services.
• Small and narrowly tailored Pittsburgh Family Law counsel, focused on client satisfaction.
• An established brand with cutting-edge systems.
• Mobile. Agile.
• Direct lawyer contact without needless overhead for outdated staffing models, translating to lower hourly rates.

I don’t take a lot of clients, but the ones I do accept get impeccable, unmatched attention, commitment and service. The results and reviews speak for themselves. Let’s work together for your best future.  Call today: (412) 303-9566.

The Court’s website was completely redesigned last week and all the old links to various resources needed to be updated too. Accordingly, for the benefit of our existing and prospective clients, or people who are simply looking for more information, we have revised our free resources page and have listed some of the most commonly sought information below.

Client Services Center (Self-Help Center)
Allegheny County Family Court Building
Allegheny County Family Division Local Rules of Court
Allegheny County Family Court Motions
Allegheny County Family Court Judges

Beginning  January 1, 2022, the August 17, 2021, revisions to Pennsylvania Child Support Guidelines will go into effect.

Notable changes include an all-new Basic Child Support Schedule (support table) under Pa.R.C.P. 1910.16-3, which sets forth the total child support for the combined net monthly income of the parties.

Additionally, there are changes to:

• the presumption of custodial time associated with the basic guidelines;
• imputed income;
• expenses and extra-curricular activities; and
• factors for deviation from the guidelines.

While the changes themselves constitute a material and substantial change in circumstances under which a current Order may be reviewed, the changes may result in a (very) minimal potential change to many cases, while at certain income levels the updated guidelines produce substantial differences to a support calculation.

Also, changing in Allegheny County beginning on January 4, 2022, for new support cases will be the implementation of a two-step process for conferences/hearings. Previously, in Allegheny County, the support conference and support hearing were scheduled for the same day. Moving forward these matters will be handled separately.

The support conferences will continue to be held remotely by telephone (until further notice), but if there is no agreement at the conference level, rather than proceeding directly to a support hearing on the same day, the parties will be given a date for a subsequent support hearing, before a hearing officer to be held in person within two weeks from the date of the conference.

For more information about these changes, how they may impact your support case and to calculate the amount of support owed or received, we are happy to speak to you. Feel free to call us at 412.303.9566.

The Family Division of the Allegheny County Court of Common Pleas has added newly elected Judges Judge Costa, Judge Henry-Taylor, Judge Korbel, Judge Middleman, Judge Sizemore and Judge Wagner to the Bench.

The latest Order for local courts dated May 25, 2021 “extends its April 26, 2021 temporary amendment of its August 31, 2020 Emergency Operations Order with some modifications…effective Tuesday, June 1, 2021 through Friday, July 2, 2021:”

“All Court of Common Pleas facilities shall remain open to the public and open for case filings including, but not limited to:

• The Criminal Division Miscellaneous Motions Counter, Room 534 for acceptance of filings;
• The Formal Arraignment section, Room 519, for those defendants with a scheduled formal arraignment who have not waived their presence;
• The Civil Division Housing Court Help Desk for assistance to landlords and tenants;
• The Family Law Center for the filing of Petitions for Protection from Abuse (PFA) and entry of Temporary PFA Orders per the August 31, 2020 Emergency Operations Order.”

Family Division is impacted as follows:

“ICC Hearings for incarcerated individuals and certain support contempt matters designated by the Administrative Judge shall proceed as scheduled in the Family Division, with as many participants appearing by ACT as possible.

Delinquency adjudication hearings for juveniles who request an in-person hearing may proceed in person with as many participants appearing by ACT as possible.

Effective June 7, 2021, any other matters may proceed with the approval of the Administrative Judge, in-person or remotely via ACT (subject to Constitutional limitations). Matters previously scheduled as remote hearings shall proceed as remote hearings.”

Over the past thirteen months the local courts have responded exceedingly well to altering the daily functioning of the various departments when considering the constraints imposed on a broader scale and compared to other counties. While different, litigants in Family Division have been by and large able to address their needs, albeit in new ways, but at least being able to continue their cases.

For family division cases in in Allegheny County, almost all matters are being handled by phone or video conference. Support conferences and hearings are by phone. Conciliations, Hearings and Trials are using video conferencing.

Filing for Protection from Abuse will continue to be done in person. The Department of Court Records has been open during the past thirteen months, but filings can be done by mail or on-line.

The latest Order governing the operations of the courts in Allegheny County was entered on April 26, 2021.

This Order states that most legal matters in Pittsburgh Courts will continue to be handled in the same way as they have proceeded during the last ten months. The Order extends until May 28, 2021.

The complete text is copied below as it contains information for all court matters and not just family court, as we often see overlap between the cases we handle and those occurring in other divisions.

“IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT
IN RE: TEMPORARY AMENDMENT
TO FIFTH JUDICIAL DISTRICT EMERGENCY OPERATIONS PLAN
No. 23 WM 2020

ORDER OF COURT

AND NOW, this 26th day of April 2021, this Court continues to recognize that, due to the high number of positive COVID-19 tests in Allegheny County, ongoing efforts must be made to reduce the amount of people present in court facilities while keeping the courts open to the public. Accordingly, the Court extends its March 31, 2021 temporary amendment of its August 31, 2020 Emergency Operations Order with some modifications and it is hereby ORDERED that the following measures be taken pursuant to Pa.R.J.A. No. 1952(B)(2) effective Monday, May 3, 2021 through Friday, May 28, 2021:

Court of Common Pleas

During this period of time, all matters shall be conducted remotely via Advanced Communication Technology (ACT) and no in-person hearings or proceedings shall occur in any division of the Court of Common Pleas other than as set forth below. All proceedings that can be conducted remotely shall proceed as scheduled subject to the following provisions.

Postponements

• All proceedings scheduled on or prior to May 28, 2021 that cannot be conducted using ACT or in person, as permitted pursuant to this Order, shall be postponed to a date certain after May 28, 2021 pursuant to the procedures for each division.

• The published May 2021 Civil Division trial list continues to be suspended subject to the Order of September 17, 2020 (AD 185 of 2020) concerning non-jury trials and the Order of February 5, 2021 (AD 27 of 2021) concerning in-person jury trials.

• Recognizing that the September 4, 2020 Centers for Disease Control and Prevention’s Order temporarily halting certain evictions nationwide (CDC Order) has been extended through June 30, 2021 and may be further extended, all Civil Division Orders of Court staying a case pursuant to the terms of the CDC Order are hereby extended through June 30, 2021 and further through any additional extension of the CDC Order.

In-Person Hearings

• ICC Hearings for incarcerated individuals and certain support contempt matters designated by the Administrative Judge shall proceed as scheduled in the Family Division, with as many participants appearing by ACT as possible, including witnesses and attorneys.

• Delinquency adjudication hearings for juveniles who request an in- person hearing may proceed in person with as many participants appearing by ACT as possible, including witnesses and attorneys. No other juvenile court hearings or proceedings shall be conducted in person.

• In the Criminal Division, only non-jury trials, motions or other proceedings which require witness testimony, and sentencing hearings and pleas where there is a likelihood that an immediate sentence of imprisonment will be imposed, may proceed as scheduled in person with as many participants appearing by ACT as possible, including witnesses and attorneys. Jury trials will resume on a limited basis with jury selection occurring at the David L. Lawrence Convention Center and trials being conducted in one of three designated courtrooms. Due to social distancing concerns, no jury trials involving codefendants shall take place. No other Criminal Division hearings or proceedings shall be conducted in person.

• No jury trials, non-jury trials, or other proceedings which require the in- person testimony of witnesses from outside the Country shall not take place in any Division until after May 31, 2021.

• The Civil Division Arbitration Department resumed limited in-person arbitration hearings on April 5, 2021; those limited in-person arbitration hearings shall continue pending further Order of Court. In-person arbitration hearings shall employ all safety protocols as set forth in the Court’s Amended Emergency Operations Plan Order of August 31, 2020.

All previously scheduled fully remote arbitration hearings conducted using ACT shall proceed as scheduled. If an in-person hearing has been suspended pursuant to prior Order, the parties may request a fully remote arbitration hearing using ACT. The parties requesting a fully remote ACT arbitration hearing shall do so utilizing the forms, instructions and protocols found on the Court’s website at https://www.alleghenycourts.us/civil/arbitration.aspx.

Information regarding requesting an arbitration hearing date for a case filed during the time when dates were not being assigned can be found on the Court’s website at: https://www.alleghenycourts.us/civil/arbitration.aspx

Participants appearing in person for any matter before in any Division of the Court of Common Pleas shall employ all safety protocols as set forth in the Court’s Amended Emergency Operations Plan Order of August 31, 2020.

All Court of Common Pleas facilities shall remain open to the public and open for case filings including, but not limited to:

• The Criminal Division Miscellaneous Motions Counter, Room 534 for acceptance of filings;
• The Formal Arraignment section, Room 519, for those defendants with a scheduled formal arraignment who have not waived their presence;
• The Civil Division Housing Court Help Desk for assistance to landlords and tenants;
• The Family Law Center for the filing of Petitions for Protection from Abuse (PFA) and entry of Temporary PFA Orders per the August 31, 2020 Emergency Operations Order.

Magisterial District Courts

The operations in the Magisterial District Courts are temporarily modified as follows:

• Summary Non-Traffic/Traffic proceedings scheduled through May 28, 2021, in which all parties agree and are able to conduct the proceeding using ACT, may be conducted remotely. If the proceedings cannot be conducted using ACT, the proceedings shall be postponed to a date certain after May 28, 2021. Special hardship requests by a defendant for an in-person hearing in a summary case may be granted at the discretion of the Magisterial District Judge, provided that all COVID-19 protocols, including occupancy restrictions in courtrooms and waiting rooms, are strictly followed.

• Commerical Landlord-Tenant proceedings may proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person.

• Residential Landlord-Tenant proceedings shall be governed by this Court’s March 31, 2021 Order regarding certain Residental Landlord Tenant Actions.
• Civil proceedings scheduled through May 28, 2021, in which the defendant has notified the Court that they intend to defend the case pursuant to Pa.R.C.P.M.D.J. 304(4)(a), shall be postponed to a date certain after May 28, 2021.

• Civil proceedings scheduled during the period from May 3, 2021 through May 28, 2021, where the defendant has not notified the Court that they intend to defend the case pursuant to Rule 305(4), shall remain on the docket. In such cases:

A. If prior to the scheduled hearing date, the defendant notifies the Court that they intend to defend the case, the case shall be postponed to a date certain after May 28, 2021; or
B. If the defendant appears on the scheduled hearing date, the case shall be postponed to a date certain after May 28, 2021.
If the defendant fails to comply with A. or B. above, a judgment may be entered against the defendant by default pursuant to Rule 319(B).

• Civil proceedings in which all parties agree to conduct the hearing using ACT may be conducted remotely.

• Preliminary Hearings for non-incarcerated individuals may proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants that cannot appear by ACT are permitted to appear in person.

• Preliminary Hearings for incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person. Incarcerated participants will appear by ACT.

• Emergency PFA Petitioners may appear in person to present their petitions per the August 31, 2020 Emergency Operations Order.

• Preliminary Arraignments will proceed per the August 31, 2020 Emergency Operations Order.
Participants appearing in person for any matter before the Magisterial District Courts shall employ all safety protocols as set forth in the Court’s Amended Emergency Operations Plan Order of August 31, 2020.

The Magisterial District Courts shall remain open to the public and open for case filings, payments and case processing.

Pittsburgh Municipal Court

The operations in Pittsburgh Municipal Court are temporarily modified as follows:

• Non-Traffic summary proceedings scheduled through May 28, 2021 shall be postponed to a date certain after May 28, 2021.

• Traffic summary proceedings scheduled through May 28, 2021 shall be postponed to a date certain after May 28, 2021, with the exception of traffic summary proceedings involving moving violations which shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants that cannot appear by ACT are permitted to appear in person.

• Preliminary Hearings for both non-incarcerated and incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person.

• Summary hearings for incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person. Incarcerated participants will appear by ACT.

• Emergency PFA Petitioners may appear in person to present their petition per the August 31, 2020 Emergency Operations Order.

• Preliminary Arraignments will proceed per the August 31, 2020 Emergency Operations Order.

Participants appearing in person for any matter in the Pittsburgh Municipal Court shall employ all safety protocols as set forth in the Court’s Amended Emergency Operations Plan Order of August 31, 2020.

Pittsburgh Municipal Court shall remain open to the public and open for case filings, payments and case processing.

All other provisions of the Emergency Operations Plan Order entered on August 31, 2020 as amended shall remain in effect until further Order of Court.

All Court facilities shall remain open to the public and open for case filings and other business except as described above.”

If you require assistance navigating what these changes mean to your case, or proceeding or responding to new or existing litigation feel free to call our office at: 412.303.9566. We offer a free phone consultation for Allegheny County Family Law matters.

In Allegheny County, The 5th Judicial District Emergency Operations Plan was extended and modified February 24, 2021 as set forth below.

ORDER OF COURT

“AND NOW, this 24th day of February 2021, this Court continues to recognize that, due to the high number of positive COVID-19 tests in Allegheny County, ongoing efforts must be made to reduce the amount of people present in court facilities while keeping the courts open to the public. Accordingly, the Court extends its January 26, 2021 temporary amendment of its August 31, 2020 Emergency Operations Order with some modifications and it is hereby ORDERED that the following measures be taken pursuant to Pa.R.J.A. No. 1952(B)(2) effective Monday, March 1, 2021 through Friday, April 2, 2021:

Court of Common Pleas

During this period of time, all matters shall be conducted remotely via Advanced Communication Technology (ACT) and no in-person hearings or proceedings shall occur in any division of the Court of Common Pleas other than as set forth below. All proceedings that can be conducted remotely shall proceed as scheduled subject to the following provisions.

Postponements

• All proceedings scheduled on or prior to April 2, 2021 that cannot be conducted using ACT or in person, as permitted pursuant to this Order, shall be postponed to a date certain after April 2, 2021 pursuant to the procedures for each division.

• All published Civil Division trial lists continue to be suspended subject to the Order of September 17, 2020 (AD 185 of 2020) concerning non-jury trials and the Order of February 5, 2021 (AD 27 of 2021) concerning in- person jury trials.

• Recognizing that the September 4, 2020 Center for Disease Control and Prevention’s Order temporarily halting certain evictions nationwide (CDC Order) has been extended through March 31, 2021, all Civil Division Orders of Court staying a case pursuant to the terms of the CDC Order are hereby extended through March 31, 2021.

• All in-person arbitration hearings are suspended through April 2, 2021.

• All previously scheduled fully remote arbitration hearings conducted using ACT shall proceed as scheduled. If an in-person hearing has been suspended pursuant to this Order, the parties may request a fully remote arbitration hearing using ACT. The parties requesting a fully remote ACT arbitration hearing shall do so utilizing the forms, instructions and protocols found on the Court’s website.

• If an arbitration hearing is continued pursuant to this Order and the parties do not seek a fully remote arbitration hearing, the Court will reschedule the arbitration and the Department of Court Records will send notice of the new arbitration hearing date to the parties.

In-Person Hearings

• ICC Hearings for incarcerated individuals shall proceed as scheduled in the Family Division, with as many participants appearing by ACT as possible, including witnesses and attorneys.

• Delinquency adjudication hearings for juveniles who request an in- person hearing may proceed in person with as many participants appearing by ACT as possible, including witnesses and attorneys. No other juvenile court hearings or proceedings shall be conducted in person.

• In the Criminal Division, only non-jury trials, motions which require witness testimony, and sentencing hearings and pleas, where there is a likelihood that an immediate sentence of imprisonment will be imposed may proceed as scheduled in person with as many participants appearing by ACT as possible, including witnesses and attorneys. No other Criminal Division hearings or proceedings shall be conducted in person.

• No jury trials, non-jury trials, or other proceedings which require the in- person testimony of out-of-state witnesses shall take place in any Division until after April 2, 2021.

• The Civil Division Arbitration Department will resume limited in-person arbitration hearings on April 5, 2021, employing all safety protocols as set forth in the Court’s Amended Emergency Operations Plan Order of August 31, 2021.

• Pending further order of court, no jury trials shall take place until after April 2, 2021. The Court shall continue to evaluate the circumstances regarding the positive COVID-19 cases in Allegheny County to determine an appropriate time to resume jury trials.

All Court of Common Pleas facilities shall remain open to the public and open for case filings including, but not limited to:

• The Criminal Division Miscellaneous Motions Counter, Room 534 for acceptance of filings;

• The Formal Arraignment section, Room 519, for those defendants with a scheduled formal arraignment who have not waived their presence;

• The Civil Division Housing Court Help Desk for assistance to landlords and tenants;

• The Family Law Center for the filing of Petitions for Protection from Abuse (PFA) and entry of Temporary PFA Orders per the August 31, 2020 Emergency Operations Order.

Magisterial District Courts

The operations in the Magisterial District Courts are temporarily modified as follows:

• Summary Non-Traffic/Traffic proceedings scheduled during the period from March 1, 2021 through April 2, 2021, in which all parties agree and are able to conduct the proceeding using ACT, may be conducted remotely. If the proceedings cannot be conducted using ACT, the proceedings shall be postponed to a date certain after April 2, 2021. Special hardship requests by a defendant for an in-person hearing in a summary case may be granted at the discretion of the Magisterial District Judge, provided that all COVID-19 protocols, including occupancy restrictions in courtrooms and waiting rooms, are strictly followed.

• Commercial Landlord-Tenant proceedings may proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person.

• Residential Landlord-Tenant proceedings shall be governed by a separate Order issued this same date.

• Civil proceedings scheduled during the period from March 1, 2021 through April 2, 2021, in which the defendant has notified the Court that they intend to defend the case pursuant to Pa.R.C.P.M.D.J. 304(4)(a), shall be postponed to a date certain after April 2, 2021.

• Civil proceedings scheduled during the period from March 1, 2021 through April 2, 2021, where the defendant has not notified the Court that they intend to defend the case pursuant to Rule 305(4), shall remain on the docket. In such cases:

A. If prior to the scheduled hearing date, the defendant notifies the Court that they Intend to defend the case, the case shall be postponed to a date certain after April 2, 2021; or
B. If the defendant appears on the scheduled hearing date, the case shall be postponed to a date certain after April 2, 2021.

If the defendant fails to comply with A. or B. above, a judgment may be entered against the defendant by default pursuant to Rule 319(B).

• Civil proceedings in which all parties agree to conduct the hearing using ACT may be conducted remotely.

• Preliminary Hearings for non-incarcerated individuals may proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants that cannot appear by ACT are permitted to appear in person.

• Preliminary Hearings for incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person. Incarcerated participants will appear by ACT.

• Emergency PFA Petitioners may appear in person to present their petitions per the August 31, 2020 Emergency Operations Order.

• Preliminary Arraignments will proceed per the August 31, 2020 Emergency Operations Order.

The Magisterial District Courts shall remain open to the public and open for case filings, payments and case processing.

Pittsburgh Municipal Court

The operations in Pittsburgh Municipal Court are temporarily modified as follows:

• Non-Traffic summary proceedings scheduled during the period from March 1, 2021 through April 2, 2021 shall be postponed to a date certain after April 2, 2021.

• Traffic summary proceedings scheduled during the period from March 1, 2021 through April 2, 2021 shall be postponed to a date certain after April 2, 2021, with the exception of traffic summary proceedings involving moving violations which shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants that cannot appear by ACT are permitted to appear in person.

• Preliminary Hearings for both non-incarcerated and incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys.

Participants who cannot appear by ACT are permitted to appear in person.

• Summary hearings for incarcerated individuals shall proceed as scheduled, with as many participants appearing by ACT as possible, including witnesses and attorneys. Participants who cannot appear by ACT are permitted to appear in person. Incarcerated participants will appear by ACT.

• Emergency PFA Petitioners may appear in person to present their petition per the August 31, 2020 Emergency Operations Order.

• Preliminary Arraignments will proceed per the August 31, 2020 Emergency Operations Order.

Pittsburgh Municipal Court shall remain open to the public and open for case filings, payments and case processing.

All other provisions of the Emergency Operations Plan Order entered on August 31, 2020 as amended shall remain in effect until further Order of Court. All Court facilities shall remain open to the public and open for case filings and other business except as described above.”

***Additionally, in another Order dated the same day, the Judicial Emergency was extended through June 30, 2021.*** That Order set forth:

ORDER OF COURT

“AND NOW, this 24th day of February 2021, consistent with the Order of the Supreme Court of Pennsylvania dated May 27, 2020, this Court having originally declared a judicial emergency in the Fifth Judicial District of Pennsylvania beginning on March 16, 2020, and having previously extended such emergency through March 31, 2021, I now DECLARE that the judicial emergency be extended through June 30, 2021. The provisions of the Fifth Judicial District Emergency Operations Plan as amended, shall remain in effect through the remaining duration of the judicial emergency. The suspension of the operation of Pennsylvania Rule of Criminal Procedure 600 shall continue through June 30, 2021, so that the time period of the judicial emergency shall be excluded from the time computations under Rule 600(C) to the extent consistent with constitutional limitations.”

For Adult Family Law Cases in Pittsburgh, Allegheny County, PA the latest Order simply means the continuation of remote attendance, by telephone or Microsoft Teams (depending on the type of matter) for everything except in person filings for Protection From Abuse (PFA) matters. Final PFA hearings remain remote via Microsoft Teams.

If you require assistance with a new or existing case, or have questions about navigating the system in the current state of affairs, we would be happy to assist you. 

We know things have been increasingly difficult for most people and their families. We know some people are scared. Some people are frustrated. There are a myriad of emotions right now and there is no right way to feel during these unprecedented times. We have always practiced compassion in our matters, and these times only strengthen that resolve.

We cannot predict the future, but we can offer you and your family assurances that our informed legal guidance and care for our clients will continue.

While everyone is doing their best to adapt to the challenges of the day, we have humbly been set up for complete remote working for over a decade.

We have seamlessly integrated video conferencing and on-line payment options to continue serving existing and new clients. While we are all adjusting to a new normal and the manner in which we will “meet” you, our core values and dedication to helping Pittsburgh families has never changed.