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The law in Pennsylvania states that no spouse is entitled to receive an award of alimony where the spouse, subsequent to the divorce pursuant to which the alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the spouse’s family within the degrees of consanguinity. Cohabitation can be shown according to the Pennsylvania Superior Court “by evidence of financial, social, and sexual interdependence, by a sharing of the same residence, and by other means.” Moran v. Moran, 839 A.2d 1091, (Pa. Super. 2003).
Continue Reading Alimony and Cohabitation in Pennsylvania

A Philadelphia Common Pleas Court Judge has granted an immediate appeal from an Order dismissing a claim for loss of consortium from one of the parties to a same sex marriage. The underlying claim involves a medical malpractice claim filed against Temple University Hospital by a same sex couple named Wolf. Judge Gregory Smith signed an Order granting the immediate appeal which said in part as follows:…
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n an effort to facilitate the collection of past child support, the Collection of Overdue Support from Monetary Awards was created in 2006 as an amendment to the Domestic Relations Code with unanimous support in both the Pennsylvania State House and Pennsylvania State Senate.
Continue Reading Collection of Overdue Child Support from Personal Injury Settlements

A recent Bucks County custody battle involved a father who created a website which, among other things, related his experiences with the Bucks County court system. Included on the website were blogs which referenced his ex-wife. These references were described by the judge hearing his custody case as “denigrating and belittling comments about mother”. The judge further advised father “You may say anything that you would like to say. You may publish it. You may put it on a billboard.
Continue Reading Free Speech vs. Best Interests of the Child: Can your Constitutional Rights Hurt You in a Custody Battle?

The Courts in Pennsylvania, as in most states (California being one) have a “presumption of paternity.” This presumption, according to the Pennsylvania Supreme Court, is “one of the strongest presumptions known to the law.” The presumption is that a child conceived or born during the marriage is a child of that marriage. So regardless of who may have been the biological father, it will be presumed that Baena’s husband, who was married to Baena when the child was conceived and born, is the legal father of the child. As such Arnold has no right to the child.
Continue Reading What Would Happen if the Aarnold Schwarzenegger Case Took Place in Pennsylvania?