Family Law Blog

Family Division

Child Support, Divorce, Alimony, & Equitable Distribution of Property

-Scheduled conferences and hearings in support, custody, equitable distribution, and divorce are suspended until further Order of Court.

-With the consent of the parties, any matter may be presented to the Court by motion, without a hearing, pursuant to the judges’ procedures on the website, for entry of an Order.

Custody

-Emergency custody motions will be addressed on a case by case basis. For emergency custody motions please contact the court by email at emergencycustody@alleghenycourts.us Monday through Friday between 9:00 A.M. and 3:00 P.M.

-With the consent of the parties, any matter may be presented to the Court by motion, without a hearing, pursuant to the judges’ procedures on the website, for entry of an Order.

Protection from Abuse

-Until further Order of Court, all Temporary Protection from Abuse matters will be handled at the Pittsburgh Municipal Court Building, 660 First Avenue, Pittsburgh, PA 15219. Proceedings will be handled using Advanced Communication Technology.

-Temporary Protection from Abuse Petitions will be handled during the hours of 8:00 A.M. and 2:00 P.M Monday through Friday.

-Emergency Protection from Abuse petitions will be handled from 2:00 P.M. until 8:00 A.M. Monday through Friday and 24 hours Saturday and Sunday.

-Final Protection from Abuse Hearings are suspended until further Order of Court.

-Temporary Orders for Protection from Abuse shall remain in effect until fifteen (15) days after the end of the judicial emergency unless otherwise indicated in the Temporary Order.

-Until further Order of Court Indirect Criminal Contempt (ICC) Complaints will not be accepted by private petition.

-ICC Police Complaints will be accepted, and bail hearings will be held before a Magisterial District Judge using Advanced Communication Technology. If a defendant is detained, a bail hearing shall be held before the Judge assigned to hear the Temporary PFA Petitions.

-Hearings on ICC Complaints are suspended until further Order of Court.

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.

The below links are a collection of resources that may be helpful to you and your family during these uncertain and challenging times. These links contain LOTS of information and can answer many of your questions. At the same time, things are constantly evolving during this unprecedented global pandemic.

We are available to assist Parents and Divorcing Couples by explaining how your existing custody or support case may be impacted the changing directives to: shelter in place, stay home from work or work remotely and to practice social distancing.

Law Offices of Scott L. Levine, LLC – Since 2008.

Free Phone Consultation: 412.303.9566.

Allegheny County Coronavirus Resources

Allegheny Alerts – Allegheny County Community Notification System 
Allegheny County COVID-19 web page 
Allegheny County Health Department Facebook page 
Allegheny County Health Department on Twitter 
Allegheny County Health Department online message form
Allegheny County Health Department phone line:  412-687-2243 
City of Pittsburgh COVID-19 Response Updates web page 

Pennsylvania Coronavirus Resources

Commonwealth of PA COVID-19 web page  
Commonwealth of PA phone line:  1-877-PA-HEALTH (1-877-724-3258)

Federal Coronavirus Resources

National Institutes of Health 
Centers for Disease Control 
Centers for Disease Control online message form 
Centers for Disease Control question phone line:  800-232-4636

Additional Coronavirus Resources

American Association of Family and Conciliation Courts Coronavirus (Covid-19) Resources and Information
Seven Guidelines for Parents – Joint Statement from AAML & AFCC
Center for Disease Control (CDC) Coronavirus (Covid-19) Resources
National Center for State Courts Coronavirus News Updates, Court Administrative Order and More Resources
National Center for State Courts – State Court Responses
NACC COVID-19 Resource Hub ACC COVID-19 Resource Hub 

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.

Questions about how the latest coronavirus closures and social distancing rules in Pennsylvania apply to your existing Pittsburgh, PA or Allegheny County family law case?

Call the Law Offices of Scott L. Levine, LLC today (412 303 9566) for a free phone consultation for answers about child custody, child support, divorce and protection from abuse during these unprecedented times.

We strive to bring you the most up to date information about court issues as they unfold during this trying time.

The Pennsylvania Supreme Court updated statewide court information last evening, March 18, 2020, effective Thursday March 19, 2020.

It reads:

“In an effort to further restrict potential COVID-19 exposure within the courts, the Pennsylvania Supreme Court today announced that all Pennsylvania courts – including trial and intermediate appellate courts – are closed to the public for non-essential functions through at least April 3, 2020.

The statewide court closure also includes magisterial district courts, Philadelphia Municipal Court, and Pittsburgh Municipal Court, Arraignment Division.

In addition, the Court has suspended all time calculations and deadlines relevant to court cases or other judicial business through April 3, 2020. The Court has also authorized and encouraged the use of advanced communication technology to conduct emergency court proceedings.

In the Courts of Common Pleas, the Order outlines essential functions as:

• Emergency bail review and habeas corpus hearings;
• Gagnon 1 hearings;
• Bench warrant hearings pursuant to Pennsylvania Rule of Criminal Procedure 150;
• Juvenile delinquency detention;
• Juvenile emergency shelter and detention hearings;
• Temporary protection from abuse hearings;
• Emergency petitions for child custody;
• Emergency petitions for guardianship;
• Civil mental health reviews (50 P.S. §302)
• Any pleadings or motions relating to public health concerns and involving immediate and irreparable harm; and
• Any other function deemed by a president judge to be essential consistent with constitutional requirements.

In addition, court calendars, scheduling notices, subpoenas or other court orders compelling appearance by any attorney, litigant or other participant in non-essential cases are continued or postponed until further order.

Except for ongoing trials, jury and non-jury trials (both criminal and civil) are suspended and jurors do not need to report for duty on or before April 3, 2020.

The Court has offered the following guidance to magisterial district courts, Philadelphia Municipal Court, and Pittsburgh Municipal Court, Arraignment Division (minor courts) with regards to essential functions:

• Preliminary arraignments (bail setting) for bailable cases;
• Criminal case filings and subsequent processing;
• Preliminary hearings for incarcerated persons only;
• Issuance of search warrants; and
• Emergency protection from abuse petitions.

The Court’s Order also directs that, during the period of judicial emergency, no eviction, ejectment or other displacement from a residence based on failure to make payment can be made. It also suspends Rule of Criminal Procedure 600 in all judicial districts.

Unless otherwise designated by a President Judge, all other cases pending are postponed.

Minor courts are directed to accept payments by mail, electronically (online), or by telephone where possible.

QUESTIONS ABOUT HOW THE LATEST CORONAVIRUS CLOSURES AND SOCIAL DISTANCING RULES IN PENNSYLVANIA APPLY TO YOUR EXISTING PITTSBURGH, PA OR ALLEGHENY COUNTY FAMILY LAW CASE?

CALL LAW OFFICES OF SCOTT L. LEVINE, LLC TODAY FOR A FREE PHONE CONSULTATION FOR ANSWERS ABOUT CHILD CUSTODY, CHILD SUPPORT, DIVORCE AND PROTECTION FROM ABUSE DURING THESE UNPRECEDENTED TIMES.

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.

“Pursuant to the Pennsylvania Supreme Court’s Order dated March 16, 2020, President Judge Clark has declared a judicial emergency in the Fifth Judicial District from March 16, 2020 to April 14, 2020. The EMERGENCY ORDER sets forth procedures for Court Operations, including the Court of Common Pleas and the Magisterial District Courts during that period. This Order is subject to modification as the situation further develops.”

The above mentioned Emergency Order sets forth:

• All time calculations for the purposes of time computation relevant to court cases or other judicial business, as well as time deadline, are suspended subject to constitutional restrictions.
• Additional uses of advanced communication technology to conduct court proceedings, is authorized subject to constitutional restrictions.
• All provisions of this Order apply to cases scheduled from March 17, 2020 through April 14, 2020.

Pertinent Parts are as follows:

Civil Division:

• Jury Trials are suspended pending further Order of Court and non-jury trials may be suspended on a case by case basis.

Criminal Division

• All court events, except as indicated below, in each of the criminal division courtrooms will be postponed.

Family Division – Adult Section

• Scheduled conferences and hearings in support, custody, equitable distribution, and divorce will be postponed;
• Protection from Abuse matters will be heard as normal.

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.

We’ve been a paperless office with full remote working capabilities, redundant systems and phone meetings for over a decade for your PGH Family Law needs.

Law Offices of Scott L. Levine, LLC – forward thinking and compassionate legal guidance since 2008.

We’re also just a call away @ 412 303 9566.

Pennsylvania law for Protection from Abuse Actions has been updated as of April 10, 2019.

The changes to the law are found at Pennsylvania Rules of Civil Procedure 1905. Pa.R.C.P. 1905 was amended with regard to the: Notice of Hearing and Order, Petition for Protection from Abuse, Temporary Protection from Abuse Order and Final Protection from Abuse Order.

Among the changes were revisions to language regarding:

• expanded criminal penalties;
• prohibitions on the conduct of defendant;
• violations;
• surrender of weapons;
• Child Protective Services Law;
• directive to law enforcement; and
• custody issues.

If you or a family member needs assistance with a domestic violence matter or representation at court for a Final PFA hearing our Pittsburgh, PFA lawyers are ready to assist victims of abuse and those who have been wrongly accused. We can explain the changes to the law and how they may impact your rights and obligations.

Call for a free consultation to learn more. 412.303.9566.

On December 28, 2018, the Pennsylvania Supreme Court, upon recommendation of the Domestic Relation Procedural Rules Committee, amended the Pennsylvania Rules of Civil Procedure under the Pennsylvania Constitution relating to multiple sections of Rule 1910 which deals with Actions for Support.

These amendments represent major changes for Child Support, Spousal Support and Alimony Pendente Lite (APL).

Changes are numerous, both large and small in nature and include:

• the information which must be provided to the court regarding income and expenses;
• the calculation of net incomes of the parties;
• the calculation of child support; and
• the calculation of spousal support and APL.

These changes will apply to all new cases and will be addressed in modifications to existing cases as well.

If you are considering filing a new support action in PA, you should know how these changes will affect you and how they are different from other cases you may have had in the past.

If you already are receiving or paying support, it may be time to revisit the issue: (1) to determine if circumstances exist which warrant filing for modification of your Order and: (2) to learn what effect the new law will have on your case.

After five years, the Parent Coordinator program, which was ended in May 2013 by the PA Supreme Court is being reinstated in a heavily revised version. The new rule which will amend rule 1915.11-1 becomes effective on March 1, 2019.

There are many changes from the previous incarnation of the Rule. The Rule will allow parent coordinators in jurisdictions that permit them.

Parent coordinators will be utilized differently than before, in that they will only issue recommendations to the court about certain custody issues when the parents cannot agree.

Parent coordinators will only be appointed in cases after a Final Custody Order has been granted and will not be used in cases where there is an active PFA.

There will be specific requirements to become a parent coordinator and the time period for an appointment in a particular case will be limited. Also, the issues that they can be used for are limited.

Among those where a parent coordinator will be able to make a recommendation to the court are:

• custody exchanges;
• school issues;
• extracurricular activities;
• child care; and
• exchange of information.

Moreover the recommendations will be made using a specific form. There will also be a hearing format and appeal process.

Bottom line, this looks to be a well drafted amendment for a niche area of high-conflict custody cases that will expedite disputes faster than they could be addressed through normal litigation while reducing stress for all involved.

While this development in PA Custody Law will not impact all custody litigants, it provides another tool that may be used by the courts in specific circumstances.

The Pennsylvania Supreme Court recently handed down a decision in the Hanrahan v. Bakker  case, which set forth major changes to how high income child support cases are to be decided.

This case marks the latest evolution of a series of changes for high income child support.

What had been the law with a prior case, changed when the Pennsylvania Child Support Guidelines were revised in 2010 to handle cases where the parties’ net monthly incomes exceeded $30,000. The previously used methodology was no longer utilized.

With the new case, the Supreme Court specifically addressed that in such high income cases, the reasonable needs of the child need to be considered.

For more information about child support in Pennsylvania or to discuss how the recent Hanrahan decision applies to your specific circumstances, call us: 412.303.9566.