News
Jeff’s Legal Insights
November 16, 2017When contemplating a separation from a spouse or loved-one, there is often a concern about the ongoing ability to meet financial obligations—in other words, will you be able to meet your living expenses and your children’s expenses after separation? The good news is that the Pennsylvania support statute (23 Pa.C.S.A., Chapter 43) establishes that “[m]arried persons are liable for the support of each other according to their respective abilities to provide support,” and parents are liable for support of unemancipated children who are 18 years old or younger. The Court will calculate those support obligations by applying the parties’ incomes and relevant expenses to the Pennsylvania support guidelines.
But what happens if your ex-spouse or partner is unemployed or under-employed? Will the Court accept your ex-spouse’s lower wages, resulting in a lower support payment for you?
If the Court determines that your ex-spouse has willfully failed to obtain or maintain appropriate employment, the Court may impute an income equal to your ex-spouse’s earning capacity. Factors such as age, education, training, health, work experience, earnings history, and child care responsibilities will be considered by the Court when determining an earning capacity and the amount of imputed income. For an unemployed ex-spouse or partner, the Court will also consider whether that person has exerted substantial good faith efforts to find employment. An imputed income for an unemployed or under-employed party is applied to the Pennsylvania support guidelines in place of actual earnings, which (in most cases) will result in a higher support obligation and, therefore, greater financial support to help meet your living expenses.
It is important to remember that child and spousal support determinations can be nuanced, and many other variables (e.g., custody arrangements, health insurance premiums, child care costs) may impact the determination by the Court. If you have questions regarding child or spousal support matters, please contact us at 717.299.7342 to speak with one of our Family Law attorneys.
~Jeffrey C. Murse, Esquire
Lauren’s Legal Insights
September 14, 2017The process of applying for Supplemental Security Income (SSI) or Social Security Disability (SSD) can be arduous. Lawyers who are authorized representatives with Social Security can help collect your records necessary to present a strong argument on appeal. And you should not be surprised if you are denied and want to appeal. Many – if not most – applicants are denied after their initial application, and it can take approximately a year and a half to receive a hearing date after an appeal. Backlog is an unfortunate reality of the current social security process.
However, the Social Security Administration (SSA) does recognize this problematic backlog, and has taken steps to significantly reduce the waiting time for individuals diagnosed with conditions or illnesses that clearly meet the SSA’s definition of “disability.” The SSA has a list of “Compassionate Allowances.” Individuals suffering from conditions or illnesses on this list experience a reduced waiting time. According to the SSA website, the Compassionate Allowances program identifies claims that will clearly be granted, and “[b]y incorporating cutting-edge technology, the agency can easily identify potential Compassionate Allowances to quickly make decisions.” Conditions on this list include certain cancers, Huntington’s Disease, ALS, some types of muscular dystrophy, and more. (For a complete list, visit: https://www.ssa.gov/compassionateallowances/conditions.htm.)
On Tuesday, September 5, 2017, the Social Security Administration announced that it is expanding its list of “Compassionate Allowances.” CACH (Vanishing White Matter Disease, Infantile and Childhood Onset Forms), Congenital Myotonic Dystrophy, and Kleefstra Syndrome have been added to the list of Compassionate Allowances conditions. (For more information, or to view the press release, visit: https://www.ssa.gov/news/press/releases/#/post/9-2017-1.)
What this means for you: If you have been diagnosed with a condition on the Compassionate Allowances list, you can qualify for an expedited review of your SSI and/or SSD application. The conditions and diseases on this list are ones that clearly meet the agency’s definition of disability, so you will be able to receive your benefits quickly and avoid the lengthy application and appeal process.
At Pyfer Reese, Attorneys Gabriella H. Farhat and Lauren Martin are authorized representatives with the Social Security Administration. If you have questions about your social security disability benefits, we can help you. Make Pyfer Reese your choice – visit www.pyferreese.com or call 717.299.7342 to set up a free consultation.
We are Lawyers Who Lead.
Proud Sponsor
July 19, 2017Pyer Reese Straub Gray & Farhat, PC, is a sponsor of Relay for Life.
Proud Sponsor Again
July 19, 2017Pyfer Reese Straub Gray & Farhat PC is a sponsor of CASA of Lancaster County
WALK-IN DAY
April 7, 2017No Appointment Necessary
WALK-INS: A new service we offer for new clients!
March 3, 2017EXCITING NEWS- “WALK-INS”- FROM OUR FIRM TO YOU! Starting March 6, 2017, to allow flexibility for potential new clients, we will now offer a rotating “WALK-IN” DAY. The hours will rotate and NO APPOINTMENTS will be needed. WE WILL ANNOUNCE THE WALK-IN DAY EVERY FRIDAY, BEFORE NOON FOR THE FOLLOWING WEEK ON OUR FACEBOOK PAGE. That’s right. Just walk in. Our usual policies and rates apply. We have a team of talented Attorneys who can handle a variety of legal issues. We can serve you in many ways. Refer to our website, www.pyferreese.com for a list of our Attorneys and their areas of practice. We look forward to meeting you. OUR FIRST WALK-IN day is Tuesday, March 7, 2017, from 9 until 3pm.
PA House Enacts Act 24
April 27, 2016The General Assembly of Pennsylvania recently passed House Bill No. 12, amending Title 23 (Domestic Relations) of the PA Consolidated Statutes relating to divorce. Introduced by Representative Michael H. Schlossberg, the legislation provides simple and meaningful reforms to better protect victims of domestic violence. Summarily, the amendment streamlines the legal process to dissolve a marriage when there have been instances of spousal abuse.
Under the prior law, if the abusive spouse did not consent to the divorce, the marriage could remain intact for two additional years. Under the new law, upon showing that the abusive spouse was convicted of a crime and the filing spouse was the victim, the innocent spouse can obtain a divorce in the same manner as if the convicted spouse consented to the divorce. Additionally, the victimized spouse is no longer required to undergo court-ordered face-to-face counseling with the abusive spouse.
Terminating a marriage is a legal process that involves confronting the other spouse. This can be painstaking and difficult for victims of abuse. This amendment affords victims greater control over the decision to escape the abuse.
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2015&sind=0&body=H&type=B&bn=12
Lawyers Who Lead TV Spot
March 22, 2016Click here to watch the lawyers of Pyfer Reese in our newest TV commercials which have been airing on Fox 43! Once you’ve watched, let us know what you think by leaving a comment on our Facebook page!
Valentine’s Day
February 5, 2016The History of St. Valentine’s Day from The History Channel http://www.history.com/topics/valentines-day/history-of-valentines-day
Pyfer Reese Straub Gray & Farhat PC is now on Twitter. Follow us @PyferReese