Gusty A.E. Sunseri & Associates, P.C. Attorneys at Law Super Lawyers

August 2013 Archives

DUI & the Implied Consent Law

Each time you renew your driver's license in Pennsylvania, you sign a form that permits the Commonwealth of Pennsylvania to draw blood, breath or urine if you arrested by police for driving under the influence. This form of permission given by you to the Commonwealth is known as the Implied Consent Law. According to this law, if you refuse to provide the police with a blood, breath or urine sample in conjunction with a DUI, your license will automatically be suspended for one year.

How Are Gifts Handled In A Divorce?

In any divorce one of the largest issues attorneys must resolve is determining how to divide the couple's assets. This can obviously be a sticky issue and can be made even more complicated when gifts are involved. Generally, a gift by a third party to one spouse is considered non-marital property and is not subject to be divided by the Court. If one spouse receives such a gift, it must be clear that the gift giver intended to make the gift to that spouse individually. Usually, this is done in some form of writing and states the purpose of the gift and that the gift is meant to be the sole property of the recipient.

Divorce is Bad - Don't Make it Worse!

Divorces are never easy and never "good" for either party. In fact, most divorces are just flat "bad". So why make them worse? Of course, everyone wants the competitive advantage, whether fighting about splitting assets, child custody or child support; however, there are some things that you can do to lessen the harshness of the situation brought on by divorce.

Deviation from Child Support - Part III

In addition to the three deviation factors I previously wrote about, the Court will consider a number of other issues when deciding whether or not to deviate from the guidelines in entering a child support order. The next factor that a Court can take into consideration is the ages of the children. If the children's ages have an impact on their need for support, the Court can modify the support order accordingly.

Deviation from Child Support - Part II

In my last blog entry, I provided an overview of the types of factors the court will consider when deciding on whether or not to deviate from a guideline child support order. In this and the next entry, I am going to further break down the reasons you may qualify for a deviation in your support order.

Child Support & Deviation from a Support Order

I have previously written blog entries about how Pennsylvania courts calculate child support. The basic child support calculation is relatively straight forward and largely dependent on the parent's relative incomes. However, after the court calculates a basic child support award, it is permitted to deviate from that amount (either increase or decrease the order) under certain circumstances. Evidence of these circumstances can be presented at a hearing and the court will have to consider whether or not to modify the support amount based on the evidence.

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If you need to speak with an attorney about an important legal matter, contact my law office in Pittsburgh, Pennsylvania. To schedule a free consultation, call 412-455-5388, or contact me by e-mail.

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