Family Law Blog

On January 2, 2014 the filing fees for the Allegheny County Court of Common pleas -Civil and Family Divisions will increase as a result of an Administrative Order.

For the Family Division the most significant change involves custody. New custody filings will increase from $159.00 to $232.00.

This new fee which is payable to the Department of Court Records replaces the old requirement of separate payment to the Allegheny County Treasurer for “generations” education and mediation fees.

Prior to January 2, 2014, a petitioner in any new custody action had to pay $50 for the generations education and $100 for the generations mediation. The Respondent then also had to pay their education and mediation fees. However, now only the petitioner is required to pay fees at the time of filing; no fees are required from the respondent. The net result will actually be lower net filing fees for new custody actions.

Other fee increases include raising the fee for Modification of Custody from $150 to $200. The fee for filing a Complaint in Divorce has been increased from $161.50 to $174.00. Including a count for custody with a divorce complaint has increased from $7.50 to $68.50. Finally, a Defendant’s first filing fee has increased from $30 to $35. Fees for Protection from Abuse and Paternity Testing have also increased nominally.

Overall the increases for all civil filings are generally not more than about $10-15 per filing with the exception of certain fees including several custody filings.

The Law Offices of Scott L. Levine, LLC is proud to announce that Attorney Levine has been selected to the 2014 American Society of Legal Advocates Top 40 Under 40 Family Lawyers in the State of Pennsylvania.

About the ASLA Selection Process

Overview
ASLA’s exclusive membership comprises less than 1.5% of all licensed lawyers nationwide. ASLA is both highly selective in extending invitations and in determining which specialties to include for a given state. Because many specialties typically include listings for Top 100 Lawyers and Top 40 Lawyers Under 40, in order to remain selective we ensure that each specialty in a state has a sufficient number of practicing lawyers to merit inclusion. Those states with relatively low populations of practicing lawyers often will support only one or two specialties. ASLA monitors practice trends from year to year prior to extending invitations in each state.

Process
ASLA’s entire selection process is conducted manually by lawyers. Prospective members initially are evaluated based on publicly-available information, although member nominations also are accepted from current members, other lawyers, and past clients. Self-nominations and nominations from public relations firms or advertising agencies are not accepted.

The selection process consists of a rigorous, manual, multi-stage review:
ASLA’s lawyers comprehensively review available information for each candidate, including a review of firm websites, client assessments, and publicly-available filings, which may include: verdicts, settlement information, and information regarding transactions. Each candidate is assessed based on such criteria as educational accomplishments, involvement and leadership in bar associations and professional organizations, activities within their community, and demonstrated legal achievement. In the case of younger lawyers, ASLA also evaluates indications of developing success, both in a candidate’s day-to-day practice and in serving the profession.

Each area of assessment is considered, and each candidate is assessed on his or her own merits. Just as the student body of an elite university is comprised of individuals with many different backgrounds and strengths, ASLA likewise strives to invite a range of members who have stellar legal credentials as a baseline, but also a range of interests and activities.
After the initial list of nominees is prepared, at least one separate lawyer reviews all compiled data and confirms nominations. To ensure the integrity of the process, no lawyer who participated in the first phase of selection is permitted to conduct the second phase.

In the final stage, the list of finalists is again reviewed and candidates either are confirmed for invitation or placed on a holding list for reconsideration the following year.

It has now been three months since the revised Pennsylvania Child Support Guidelines took effect on August 9, 2013. These changes included raising the self support reserve (SSR) and amending the guidelines to reflect current economic data.
This has been the first change to the “guidelines” since last update in May 2010.
Since the change, at most income levels we have seen new Orders increased slightly over what they would have been prior to the changes. The guidelines are available for review here at rule 1910.16-3.

Beginning in October 2013, the Family Division of the Allegheny County Court of Common Pleas began utilizing a series of updated and new forms. Changes were made to Complaints for Custody and Modification Petitions which now contain specific language which address reclocation and grandparent custody.

With the new forms, grandparents with standing may file for custody without first presenting a motion, thus streamling the process.

Also under the changes a Respondent to any custody action is required to file a form within 30 days regarding criminal history. This form is also required of all Petitioners filing new custody actions or seeking modification of an existing order.

The new form is called Criminal Record/Abuse History Verification and replaces the previoulsy used Affidavit of Household. It requires more detailed information regarding criminal histories including sentences for crimes not required by the older form.

To more fully review the changes feel free to call our Pittsburgh custody attorneys for more information. We can be reached at 412.303.9566.

DOMESTIC VIOLENCE VICTIMS

Domestic Violence affects women and men from all walks of life and all backgrounds. Knowledge about patterns of abuse may prove helpful to remove yourself from an abusive situation, although the complexities of daily life often leave many people coping with threats, abuse and the constant fear of violence.

DIFFICULTIES OF DOMESTIC VIOLENCE

Make no mistake about it, leaving an abusive situation can be very, very difficult for many people for various reasons. You may have children together, or you may be married or living together or financially dependent on the abuser. You may think they will change. We’re not here to assign blame or make judgments; we’re here to make you aware of remedies available to you so that you can remove yourself (and your children) from an unhealthy and dangerous situation.

LEGAL REMEDIES FOR VIOLENCE OR ABUSE

First and foremost, if you are in imminent fear of bodily harm, you should immediately call the police. If there was an altercation involving domestic violence, the police will arrest the perpetrator and remove them from wherever you are.

The police also have the discretion to ask the person to leave the premises if they determine that there is not probable cause for an arrest.

However in both instances they will usually direct you to file a “PFA” or Protection from Abuse. This is Pennsylvania’s name for what is commonly referred to as a “Restraining Order.”

WHERE TO OBTAIN A PFA – Allegheny Court of Common Pleas – Family Division – 440 Ross Street

In Allegheny County a Temporary Petition for Protection from Abuse may be obtained in person Monday through Friday from 9 a.m. until 11 a.m. on the Third Floor of the Family Court facility located at 440 Ross Street, Pittsburgh, PA 15219.

(Note: PFA’s are available in every county in Pennsylvania. Each county has it’s own procedures but the protections received are the same. For more information about the specific procedure in your county you should call your local Magistrate or Court.)

WHAT TO EXPECT

Upon arriving at court, you will be required to fill out a petition detailing the facts including any: abuse, stalking, harassment, threats or use of physical force to cause bodily injury. You will then wait to meet with a judge who needs to sign the order granting temporary petition.

The court will provide you with information about having the accuser served and about receiving free legal representation at your final hearing.

HOW LONG IS A TEMPORARY PFA VALID?

A temporary protection from abuse order will be valid from the date it is issued until the date of the final hearing which will be scheduled within ten days of the date of your petition.

EMERGENCY PROTECTION FROM ABUSE (EPFA)

If you need to get a PFA in Allegheny County after the PFA office has closed at the Family Court Building, you may file for an Emergency PFA at your local Magisterial District Judge’s office during their regular business hours.

NIGHT COURT – PITTSBURGH MUNICIAPL COURT – 660 1st Avenue

You may also go to the Pittsburgh Municipal Court Building Located at 660 1st Avenue, Pittsburgh, PA 15219. This resource, often referred to as “Night Court” is available 7 days a week 24 hours a day.

Note that this “Night Court” is not available during the hours Family Court is open for PFA petitions; you would use this resource when family court is closed, or during nights or weekends. The procedure for an emergency PFA is similar in that you must prepare a petition requesting that a judge grant you emergency protection.

HOW LONG IS AN EPFA VALID?

When granted an “EPFA” is valid for 24 hours or until the next business day. If you wish to extend the protection beyond 24 hours, you will have to complete the process detailed above at the Family Court building downtown.

WHAT DOES A TEMPORARY PFA ORDER DO?

A temporary PFA Order may do any or all of the following:

(1) It will evict the abuser from your residence until the final hearing;
(2) It can order the removal of firearms and weapons;
(3) It may award you temporary custody of minor children;
(4) It will prohibit the abuser from any contact with you either directly or indirectly; and
(5) It will prohibit the abuser from coming to your place of employment or the children’s school.

WHAT IF THERE IS A VIOLATION?

If there is a violation of the temporary order, you should call the police. Upon a showing of probable cause, the police can issue a warrant for arrest on the grounds of Indirect Criminal Contempt, and arrest and jail the abuser.

THE FINAL PFA HEARING

The temporary PFA Order will list a date and time for your final hearing. As noted above, free legal counsel is available to all plaintiffs in PFA cases. Before the final hearing you will meet with the attorney assigned to you (or you may retain private counsel) to discuss the case and your wishes.

Your attorney will be able to attempt to negotiate with the defendant or their counsel in an effort to resolve the matter before heading into a final hearing before the judge. If there is no ability to agree on a mutually acceptable settlement (which may include a “full” PFA for up to three years) then the case will proceed to a hearing before the judge.

Depending on the circumstances you may need to obtain a “continuance” which is an extension of time where another final hearing is scheduled. This could occur if the abuser was not served or if you need time to subpoena witnesses or police to testify on your behalf. The defendant may also request a continuance to obtain counsel or gather witnesses. In either case, the temporary PFA will remain in effect.

However, in cases where the defendant has been served, the matter will be resolved in some capacity on the date of the final hearing. That might include extending the temporary PFA for several months, entering into a Civil Order or entering a PFA Order for up to three years.

The Final PFA Order may also award you custody of minor children, eviction of the abuser from your residence and financial support.

LOCAL RESOURCES FOR VICTIMS

In Allegheny County Victims of Domestic Violence may call the Women’s Center & Shelter of Greater Pittsburgh. They have a 24-Hour Hot-line which is: (412) 687-8005.

REMINDER TO VICTIMS

You are not alone. There are compassionate caring people out there waiting to help you stop an abusive situation. There are thousands (or millions) of people across the country (and world) who are the unwilling victims of emotional abuse and physical abuse. There are also thousands
(or millions) of survivors who struggle every day to put the abuse behind them and move on with their lives. Once you decide to empower yourself to leave an abusive relationship, you’re one day closer to living the life you deserve, free of violence and free of fear. There are the legal remedies listed above, but there are also support groups, counseling, therapy and professional and religious groups out there to help you. You are not alone; You are strong.

Choosing the right lawyer to handle your family law matter is an enormously important decision, and one that should be made carefully after fully reviewing your needs and matching them with the professional who can best serve you and see that your wishes are fulfilled.

There are a number of tangible characteristics and intangible qualities that may be important to you in your search for hiring a great lawyer. First off, you should consider the lawyer’s experience in the areas of law for which you require assistance. How long have they been practicing in the jurisdiction where your case will be filed? Do they have experience outside of that particular practice area which may complement the issues that are likely to arise in your case?

Next, are they knowledgeable about the law, local rules of court and filing requirements? Do they focus their practice on one main area or do they have a “general practice?” Are they familiar with the local judges and their individual courtroom procedures? Are they knowledgeable about the other lawyers in their practice area and are they well known by their peers?

Has this lawyer handled the types of legal issues for which you are seeking assistance? Are they competent to handle your matter from beginning to end? Are they diligent with their work and provide a quality work product? Do they maintain contacts with outside experts who they may engage to assist with more complex litigation? Are they familiar with attorneys outside their area of expertise who may assist you on unrelated legal issues which may arise during their representation?

Is this attorney comfortable handling all aspects of your case? Are they able to fully answer your questions? Do they listen to you, really listen to you while you talk? Do they provide honest answers, that may not be what you want to hear, but that may save you time and money down the road? Are they able to provide you with a reasonable outline of what to expect from your matter, and do they point out issues that will most likely arise during your case?

Is the prospective counsel upfront about their expectations for your case, including the estimated time and expense of their representation? Can they provide references from satisfied clients in all areas of their practice? Do they fully explain the terms of their representation and provide all clients with a detailed written retainer letter prior to providing any legal services?

Do you feel comfortable with this person and their knowledge, skill set and understanding of the law? Is this someone you will be able to work with for an extended period of time? Does the lawyer put you at ease and reassure you by explaining the issues and setting forth a detailed strategy?

Does this person look professional? Are they well dressed and articulate? Do they have an attention to details? Are they confident yet humble? Are they self-assured but not slick? Are they quick witted but not stuffy? Do they have the ability to be lawyerly in court and while advocating for you, but also have the ability to relate to you personally and break things down into regular English explanations so that there is no confusion on your part? Do they communicate well in person and in their writing?

Do they make you feel like you are their only client? It is a wonderful thing when you get prompt return calls or emails with substantive answers within hours, not days. All lawyers are busy and spend a good amount of time at court, but does this person communicate with you promptly by returning phone calls and emails in a timely manner? Are they available when you need them including in the evening or on weekends? Do you get to speak to the supervising attorney directly or are you often dealing with support staff or associate attorneys?

Do they make use of the latest technology using mobile devices while at court? Are they able to provide electronic copies of all the documents received and sent in your case in real time, without delay? Are they always professional in their correspondence with you and opposing parties? Are you kept abreast of all facets of your matter? Are all your questions answered as they arise? Do you receive updates regularly? Are you consulted before all aspects of your case?

Do they enjoy what they do? This is important. Have they made the decision to handle this type of law in order to help people improve their lives? Do you get the sense that this person is happy doing this type of work and will bring enthusiasm and energy to your case?

Again, are you comfortable with this person? Do you feel you are given the right amount of attention? Are all your questions answered? Are you given value for your money? Is this someone who will work hard for you, in order to achieve the best outcome possible? Do they seem at ease and comfortable?

The above of course is simply a review of some of the things to look for in choosing your lawyer. There are also intangibles that cannot be listed such as the feeling that the person just “gets it” and understands what needs to be done and is on the same page as you from the outset. Other times, you will know right away that this is not the right lawyer for you. Regardless, you should not have to make any excuses for not choosing an attorney and you should feel confident and comfortable when you find the right lawyer for you.

Finally note that some lawyers provide free consultations either over the phone or in person. Others offer reduced fees for first meetings. Prices range across the board, but pay attention to the fine print. There may be several people working on your case with different hourly rates. Most lawyers request a retainer upfront which is an amount kept in their trust account and used towards future billing. Some matters may be handled on a flat-fee basis for a one-time attendance at court, while most of your fees will likely be billed at an hourly rate in increments of six minutes. It is important to understand what the fees will be, and whether you are able to afford the lawyer. Do you have the resources, or the ability to obtain the funds required for your case? If not are you able to save up the needed funds or provide payments for the required work?

The matter for which you are seeking assistance is likely not a pleasant event, in fact it may be devastating and filled with raw emotions, but a good lawyer will help you to temper the emotions and provide professional guidance keeping you on track for the most favorable outcome. It does not have to be a long drawn out battle; sometimes that is unavoidable, but a great negotiator can make all the difference.

So with that, good luck with your lawyer search. There are many resources available on-line to assist you. You should talk to friends, family, co-workers and neighbors. You should make calls to various firms and set up face to face meetings with the lawyers that make you most comfortable.

Our Pittsburgh lawyers have been advised that the filing fees for various family law matters will increase on Tuesday, March 6, 2012. This fee increase raises the cost for certain filings with the Allegheny County Department of Court Records as the result of an Administrative Order of Court.

Included among the raises are three dollar increases for filing Divorce Complaints, Custody Complaints, Protection from Abuse and Paternity Testing. New Petitions for Custody Contempt have gone up ten dollars. There has also been a fifty dollar increase for Petitions to Modify Custody.

The Family Division is not the only section that has been affected locally. There have also been fee increases for various matters in the Criminal and Civil Divisions as well as Wills/Orphans Court.

Note that these are the first fee increases for the county since the filing fees were last raised on December 8, 2009. Also, there are plenty of fees which remain unchanged. For example the fees for a Praecipe to Transmit the Record at the end of a divorce case, a Petition to Resume Maiden/Prior Name, and additional copies of a Divorce Decree or Certificate of Name Change remain the same.

Overall, these fees are nominal and should not place any extra burdens on litigants. Remember that for the most part these are fees that are only paid one time, usually at the beginning of new matter.

Technology use has risen exponentially over the past few years, and for the most part it has been good. We can now stay in touch with distant family and old friends.

Technology has allowed our law practice to service clients like never before. We can make instant electronic copies of all documents sent and received. We can file pleadings electronically and are able to view the local court docket on-line. We receive faxes electronically and can communicate with and respond to clients and opposing counsel on the go with increasingly sophisticated mobile devices. We can also reach prospective clients all over the world through our website.

Social networking has come a long way in the past two decades from Prodigy, to AOL to MySpace. Most recently use of social networking has skyrocketed with the advent of Facebook. Families share pictures on sites like Flickr and friends share videos on sites like YouTube. Millions of people communicate daily with people via messaging, email and video conferencing with Skype or FaceTime.

Our lives are enhanced in so many ways by technology use. We can make dinner reservations or buy movie tickets with a few clicks. We can find out about weather, news, traffic or parking garage capacity with a few taps on our touch screens.

Unfortunately with this new interconnectedness new problems have also arisen. In our Pittsburgh family law practice we have seen how social media can be abused. We have seen issues involving minors bullying peers or being bullied. We have seen ex-spouses, ex-boyfriends and ex-girlfriends harassed, threatened or defamed. We have seen private emails, pictures and videos that have been shared publicly.

In our divorce, custody and protection from abuse (PFA) cases there has been a major increase in the use of text messages, emails, voicemails, facebook wall postings, and on-line pictures in litigation.

In divorce cases we have seen infidelity exposed through phone records, emails and pictures. In custody cases, we have seen parents hurt their cases with inappropriate facebook postings, text messages, emails and voicemails.

Likewise, in PFA cases we have seen threats or harassment perpetrated via email, text, voicemail and facebook postings. Even child support and spousal support cases have been affected by on-line postings.

These days, just about all of our prospective clients are using social media sites, most of them are on Facebook. We caution all of our new clients about the use of these sites, and strongly recommend that they cancel their accounts or that they use these accounts with great care if they decide to keep them.

Now with the “timeline” feature on Facebook, old-pictures from long ago partying days in college may be looking you right in the face at court. It’s not fun to explain to a judge about a picture revealing obvious intoxication, the use of drugs, or other embarrassing conduct.

To avoid future problems with social media, we strongly suggest you think twice (then again) about whether that picture of you doing a keg-stand at the Jimmy Buffet concert really needs to be shared. (The answer is NO!) Likewise, it’s not a good idea to take a picture topless in Cancun, or holding a bag of marijuana, or posing with an assault rifle.
We could list example after example of cases where compromising pictures are worth a thousand words. We have used them to the advantage of our clients and we have also had to explain them.

Wherever you go today somebody has a camera or camera-phone and in seconds your picture or video can be uploaded and shared with the world. Knowing that capability exists, you should seriously consider how you act in public and with whom you associate.

Bottom line, technology is here to stay. If you are involved in any type of litigation, there is a pretty good chance that something you wrote or said or did is going to find its way into your case. If you behave well and lawfully you should have nothing to worry about.

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