Pennsylvaia Caselaw Update

1. Divorce: 90-day rule: Reece v.Reece, 2013 Pa. Super. 112 (May 10, 2013): Litigants are eligible to receive a divorce decree as soon as ninety days after service of the divorce complaint, not ninety one days. There is no extra waiting period for issuance of a divorce decree.

2. Child SupportSuzanne D. v. Stephen W., 2013 PA. Super. 92 (April 22, 2013): The Court did not abuse its discretion by considering monies paid by children’s grandparent to children’s father who owed support to be a gift,  even though a demand note was issued for the money and an alleged deduction from father’s inheritance was made. A substantial gift can be cause for deviation from the child support guidelines, and that is what happened in this case. The overriding concern is for the best interest of the children.

3. Child CustodyC.B. v. J.B., 2013 PA. Super. 92 (April 22, 2013): The New Child Custody Act requires that the Court address each factor contained in 23 Pa.C.S. Sec. 5328 before the deadline for filing an appeal to the decision has passed. Additionally, the Court should address these factors on or near the time the custody order is entered.


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