The Pennsylvania Superior Court considered the proper way to account for a pension in a divorce and equitable distribution action. The defendant's pension did not allow for survivorship benefits to an ex-spouse. As a work-around, the trial court ordered the plaintiff to take out a life insurance policy on the…
The Pennsylvania Superior Court considered the proper way to account for a pension in a divorce and equitable distribution action. The defendant’s pension did not allow for survivorship benefits to an ex-spouse. As a work-around, the trial court ordered the plaintiff to take out a life insurance policy on the defendant and for him to… Continue reading Cuth v. Cuth
The Pennsylvania Supreme Court declined “to adopt a test for standing whereby a retroactive or future enlargement in trustee compensation can only be challenged by a beneficiary who is able to demonstrate, preliminary, that her benefit will be affected by the increase.” Augustus Ashton created a trust in his will when he died in 1951.… Continue reading In re Ashton
The New Jersey Supreme Court tackled an issue involving alcohol and consent. Plaintiff and Defendant engaged in sexual activity after a night of drinking. Plaintiff alleged she was too intoxicated to give consent, but Defendant claimed that the entire encounter was consensual. Plaintiff filed for a temporary restraining order under the Sexual Assault Survivor Protection… Continue reading C.R. v. M.T.
As is often the case in family law matters, a heartbreaking set of facts led to a sea-change in the law. The New Jersey Supreme Court overruled the use of conditional res ipsa loquitur in abuse-and-neglect hearings. Here, a child’s parents brought him to the hospital with meningitis. Doctors discovered substantial injuries unrelated to meningitis… Continue reading Div. of Child Prot. and Permanency v. J.R.-R.
An en banc panel of the Pennsylvania Superior Court affirmed the lower court’s order that adjudicated children dependent and found that one child suffered abuse. The Court held that under the facts of this case, the trial court correctly applied the evidentiary presumption found at 23 Pa.C.S. § 6381(d), whichestablishes a prima facie case of… Continue reading In re C.B.
The Pennsylvania Superior Court confronted an issue of first impression: Whether a trial court can award custody of a child to a non-custodial parent that did not file a petition formally seeking custody. The issue arose when a mother, father, and maternal grandmother were involved in a child’s life. Both the mother and maternal grandmother… Continue reading Graves v. Graves
Mother and Father are the parents of twin children (“the Children”). Mother has another child, A.Y., whose father died. Following A.Y.’s father’s death, the United States Social Security Administration awarded separate payments: (1) a Survivor’s Benefit to Mother, as a widow caring for a deceased person’s child; and (2) a survivor’s benefit payment to A.Y.… Continue reading C.H.Z. v. A.J.Y.
The Pennsylvania Superior Court clarified the application 42 Pa.C.S. § 5505, which limits the time in which a trial court may modify or rescind its order to 30 days. Here, parties to litigation over a decedent’s estate disputed whether certain funds distributed to the beneficiary came from the estate or from a bank account that… Continue reading In re Emery
The Pennsylvania Superior Court reviewed the Tender Years Hearsay Act after the appellant was convicted of sexual offenses based partly on the victim’s out-of-court statements to various family members about the defendant’s actions. On appeal, the defendant claimed that the trial court erred when it determined that the victim was unavailable to testify under the… Continue reading In re D.C.
A newborn baby and its mother tested positive for controlled substances, and the mother soon thereafter violated the terms of a safety plan. The child was adjudicated dependant and remained in foster care. Later, the parties learned that the child’s purported biological father was not her father and instead the appellant was her father. After… Continue reading In re A.D.-G.