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Holly Filius

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When spouses separate and wish to divorce, there are many issues they must address before receiving a divorce decree. If spouses have acquired property during their marriage, that property must be divided between them before a divorce decree can be entered. If not, the property becomes the sole possession of the titled spouse post-divorce and any jointly titled property must be divided pursuant to a separate legal action called “Partition.”

So how do spouses divide their property (equitable distribution)? Quite simply, they either agree how it will be divided, or they don’t. If they don’t, the Court will hold a hearing to determine what property or portions of property each spouse will retain. If they do agree, a written contract between the parties is required to memorialize their agreement and ensure the enforcement of that agreement in the future if one of the parties does not comply with the terms of their agreement. That contract is often referred to as a Postnuptial Agreement and can also be called such things as a Marital Settlement Agreement, a Property Agreement, a Divorce Agreement, etc. Regardless of the name of the document, it is a legally binding contract enforceable under contract laws in the state of Pennsylvania.…
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When families consider adoption, they have many choices and many decisions. Families can utilize a private adoption agency, where they can provide information to be included in a profile for birth parents to review and determine if that family should be the adoptive resource for their child. Private agencies charge a fee for their services. Families can also adopt through local social service agencies were children are placed because they are dependent. In those cases, no fees are paid to these social service agencies and instead, when children are placed for foster care, and/or adoption, often subsidies are paid to the family for the care of the child placed in their home. Both options result in adoption opportunities for many families, but it is always best to have a full understanding of the process. Whether a child is placed with a family for adoption privately, or through a local social service agency, here are ten questions you should ask at the beginning:…
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In my previous post I discussed the steps leading up to the adoption hearing.  In this post I will talk about your testimony and completing the finalization of your adoption.

Adoptive parents testimony is typically a recitation of the information contained in an Adoption Petition, and is simply comprised of each parties’ own biographical information, including your name, address, date of birth, age, place of birth, occupation, religious affiliation, racial background, date of marriage, and the first names and ages of any other biological or adoptive children.  The adoption then requires confirmation of additional information, which I always refer to as “the silly questions.”  They are silly because they are obvious, but the law requires that they are affirmed on the record. Those questions include the following:

  1. Have you received the medical history information with regard to your adoptive child, and is there anything in that information that would cause you to not proceed with this adoption?
  2. Does the proposed adoptee own any property of value? (toys don’t count)
  3. Is it your desire to continue the parent-child relationship you have established with the proposed adoptee, and if so, are you willing to assume the parental duties with regard to this child?
  4. Do you understand that if the Court grants your Petition today, the proposed adoptee will have all the rights and obligations as if they were your biological child? (duh – everyone knows that there is no distinction in the law between adoptive children and biological children)
  5. Have you had any out-of-pocket expenses related to this adoption that would not be reimbursed to you?
  6. This one is my favorite – What name would you like the proposed adoptee to assume?

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Many of my families who are fostering to adopt children through the Dependency System spend months to years waiting for the day when their foster child is legally free for adoption. Many of those families have experienced pain, turmoil, disappointment, frustration, and always, the joy of raising a beautiful child. However, when they meet with me to move forward with the finalization of their adoption, they simply cannot believe that the process of doing so is as easy as I tell them that it is.

So, when you finally get to that magic moment when your foster child is legally free for adoption and your caseworker says now it is time to proceed to a finalization hearing, here’s what you can expect:

Many County adoption workers will provide the information necessary for me to prepare your Adoption Petition. Each County varies a bit, and when a County Agency and an affiliated Agency are involved, we all work as a team to get the information necessary to prepare your Petition. That can include information provided from your County caseworker, from your affiliated Agency caseworker,  and directly from you.  Once all the information I need to prepare the Adoption Petition has been provided, I prepare the Petition and schedule a time to meet with you to review the Petition and discuss the finalization process.  Fortunately, that process is relatively simple when considering what many families have already been through to get to the place where they are sitting down with me to review and sign their Adoption Petition.…
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  • 5329. Consideration of criminal conviction. 

(a)  Offenses.–Where a party seeks any form of custody, the court shall consider whether that party or member of that party’s household has been convicted of or has pleaded guilty or no contest to any of the offenses in this section or an offense in another jurisdiction substantially equivalent to any of the offenses in this section. The court shall consider such conduct and determine that the party does not pose a threat of harm to the child before making any order of custody to that party when considering the following offenses:

23 Pa. C.S.A. § 5329 and § 5330 address a number of criminal offenses that may give rise to additional custody proceedings under certain circumstances in addition to participation in a custody conference.  Those enumerated offenses, in addition to an involvement with a County Children and Youth Agency or the Protection From Abuse (PFA) system, are required to be addressed under PA law prior to a Court entering a Custody Order.  Many County Courts have struggled with the best way to address this requirement when considering the timeliness of custody decisions, the cost of prolonged litigation, the additional strain on the calendars and resources of the Court system and, most importantly, the effect on children and families.…
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Gone are the days of the Tender Years Doctrine where it was presumed that a child under a certain age (3) should be in the primary care of his or her mother as a mother is best able to meet the needs of a child from birth to 3 years. The so-called Tender Years Doctrine fell by the wayside in the law several years ago, but many believe the theory behind it holds true. That is, by anatomical default, a mother has a more significant bond with a child born to her and from her body thereby placing her in a better position to continue that bond and meet a young child’s needs. However, that thinking to many people is antiquated and the role and importance of a father’s bond with their children at the moment of birth going forward has gained popular consideration and is now being recognized by courts.…
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The short answer is that it is a Qualified Domestic Relations Order,  however, QDRO (pronounced KWAH dro) is a quick and easy abbreviation.  No matter how you say it, this Order is used to document and execute future distributions of retirement benefits after a divorce.  For those of you who like details or just want to have a better understanding of the process used to divide different types of retirement benefits, read on for the long answer.…
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With the implementation of the changes to the Federal Tax Code proffered by the Trump Administration, alimony payments post-December 31, 2018 will look a little different. Actually, a lot of different. In fact, the tax ramifications are gone.

Pre-December 31, 2018, alimony payments were taxable income to the recipient and deductible by the Payor. These tax ramifications were often vital tools in negotiating settlements in divorce matters where tax consequences were important to the parties and could be used as leverage in negotiation. While parties were free to agree to something other than alimony payments being taxable income to the recipient and deductible by the Payor, court ordered alimony awards were taxable income to the recipient and deductible by the Payor.…
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November is National Adoption Awareness Month. Any month is a good time to recognize the life-changing impact of adoption and the love and support given by adoptive families.  I have worked with countless families throughout the years and they are among the most loving and generous people I know.

For many families, fostering children is their calling. Those families will foster many children for a period of time before those children return to the custody of a biological parent or other family member. Other families foster for the purpose of adopting children themselves. Families interested in fostering in order to be an adoptive resource in the future for their foster child  should always understand as much about the process as possible.  Start by asking the caseworker   questions.  Here are my top ten:…
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As we move through the last quarter of 2018 and approach the end of the tax year, many families begin to gather necessary information for tax filings.  For adoptive parents, the process of claiming their adopted child as a dependent on their annual income tax returns can be somewhat confusing when the adoption occurs later in a tax year and certain information and documentation cannot be obtained prior to tax filing deadlines.

When children are adopted, their legal status as dependents and their change of name are completed the day of their adoption finalization hearing.  Typically immediately following the adoption finalization hearing, the judge overseeing the hearing will execute an Adoption Decree and shortly thereafter, the County court office which is responsible for processing adoption paperwork will issue a Certificate of Adoption.  Those documents evidence an adoptive child’s new name and identify their legal parents.  That information should be sufficient to claim a child dependency exemption for an adopted child.  However, additional details are required in order to actually take an appropriate child dependency exemption for an adopted child. …
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