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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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Continue Reading Finally – the Finalization of an Adoption Part II of II

Now that April 15th has passed, the dust is still settling about how tax changes impacted taxpayers and many of us were surprised at the effects. The effects of the new tax laws also changed child and spousal support payable in Pennsylvania.

As of January 1, 2019 new guidelines are now in effect. These have been put in place largely to deal with the issue that alimony and temporary alimony or support payments to a spouse are no longer tax deductible by the person paying support, nor includable as income by the recipient. These new guidelines pertain to any new orders after January 1, 2019, but not the modification of prior orders. So it’s important to understand whether your case will be calculated under the old or new guidelines, as it makes a difference.
Continue Reading New Tax Laws and Changes to Pennsylvania Support Guidelines

In a prior blog post, I explained that divorce cases here in Lancaster county are heard by Divorce Masters instead of Judges. Because the proceedings before the Master will be the only chance you have to present your case, it is important to understand the process.

Your lawyer will appoint a Divorce Master with a Motion with the Court.  Once appointed, the Master will hear the claims that you have raised which may include claims for the distribution of property and/or alimony. When a Master is appointed, a telephone conference is scheduled with the lawyers. The Master will deal with procedural issues and determine if the case is ready to move forward or whether there are any impediments to moving ahead such as disputes about the date of separation or missing discovery.

Discovery is the legal term for the gathering and sharing of necessary information to move a case forward. Your lawyer will ask you for information about your assets and income and may need to seek valuations of those assets by outside parties (such as real estate and pension appraisers). If you want a good outcome, you should prioritize getting your lawyer all of the information that he or she is asking for. It may seem burdensome, but since this is your only opportunity to present evidence, it is worthwhile to provide as much information as possible on the assets and incomes involved. This may require inquiries to the bank, to your accountant or even to your human resources department, but all of your efforts will matter very much to your case.
Continue Reading Anatomy of a Divorce Case in Lancaster County

As a prior Divorce Master, I witnessed a lot of confusion from clients about the Divorce Master process. During one of my more contentious cases, I overheard a litigant talking to his attorney during a break, and he asked: “When will I get a hearing with a real Judge?” Clearly he was disgruntled about how the case was going, but it’s a fair question. And the answer here in Lancaster County is that you won’t–  your Divorce case will be heard by a Divorce Master, not a Judge.

In most counties in Pennsylvania (including here in Lancaster), divorce cases are heard and decided by Masters instead of Judges. Divorce Masters are court appointed officials, and they have jurisdiction to decide issues of property distribution and alimony. In Lancaster County, Divorce Masters serve as the finders of fact for the case. In practical terms, that means that the proceedings before the Divorce Master will be the only opportunity you will have to present your full case. So, be prepared and take it seriously.
Continue Reading What is a Divorce Master?

Headlines last week detailed the divorce settlement agreement between Jeff and MacKenzie Bezos. It was a huge marital estate estimated at 137 billion dollars; the largest asset was Amazon which Jeff Bezos founded during the marriage with help from his Wife MacKenzie.  MacKenzie agreed to accept 25% of the Amazon stock which amounted to about 36 billion in assets. Most of us cannot relate at all, but in reading the details, it occurred to me that there are pertinent lessons to take away from this. In this post, I have highlighted five takeaways that apply even when you are not the founder of Amazon.  I will elaborate on some of these subjects in future blog posts, but for now, here is the Cliffs Notes version:  …
Continue Reading Five lessons from the Bezos divorce settlement that could apply to your case

Russell, Krafft & Gruber, LLP is pleased to announce that Julia G. Vanasse (known as “Julie”) has joined the firm’s Family Law practice group. She returns to private practice after serving for almost 20 years as a Lancaster County Divorce Master, where she presided over numerous divorce cases during her tenure. Prior to being appointed…

  • 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.
Continue Reading Risk of Harm Procedures in Lancaster County

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.
Continue Reading Shared Custody: Presumed to be in the Child’s Best Interest, Perhaps for Some?

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.
Continue Reading What The Heck is a QDRO?

Every year, the stroke of midnight on December 31 brings with it a host of resolutions and the promise of changes for the new year.  In light of this, NBC News ended 2018 with an article highlighting some interesting new laws taking effect across the country in 2019.  One city will see a change in what to expect from take-out orders, and one state will have a much more difficult choice of what beer to buy in grocery and convenience stores.  Sorry, the last one is not Pennsylvania!

One state is even taking an interesting approach in trying to increase its dwindling population.  Vermont is offering $10,000 to those employed by out of state employers who are willing to make the move.  If Ben and Jerry’s and maple syrup are your thing, and your job allows you the opportunity to work remotely, then pack your bags!
Continue Reading Ringing in the New Year with Alimony Tax Changes, Pet Custody, Moving to Vermont, and More!