News

As we are in the midst of the stress and business of the holiday season, the good times can seem exceptional and the bad times can seem devastating.  For families with parents who are separated or divorced, the stress of the holidays can bring any lingering custody disputes into the spotlight.  The American Academy of Matrimonial Lawyers (“AAML”) has created “Child Centered Residential Guidelines,” which can be especially helpful reminders at this time of year.

If you and your co-parent are operating without court involvement, or if you are able to communicate well about holiday plans, the AAML recommends that parents “consider honoring family traditions in order to maintain consistency for the children.” If you and your co-parent have a custody order or agreement in place, remember that holidays often involve a change from the normal schedule.  It may be a good idea to check the language of the order, and if any changes need to be made the parents should communicate directly with each other.  Children should not be used to communicate messages to a parent.

Family Courts are – and should be – focused on the “best interests” of a child.  It is important to remember that children should be excluded from any disputes or conflict arising between parents.  Many custody Orders include language about encouraging the children to love and respect the other parent (regardless of your personal feelings towards him or her).  When in the presence of the children, parents should be “cordial and courteous to each other” and should “not interfere with the other parent’s parenting time.” Things can (and tend to) go wrong over the holidays, with traffic and unforeseen circumstances to account for, so parents should remain in communication with each other regarding schedule changes.

If your family is celebrating or has celebrated a holiday that exchanges gifts, the AAML has a helpful guideline to keep in mind: “Let the children bring important items between homes, such as a special toy, blanket, or other security item.” Remember that a child enjoying a gift from or time with the other parent does not mean that they appreciate your gifts or your presence any less.

  What this means for you:  Regardless of whether you have a formal court order in place or are co-parenting without court involvement, these are helpful guidelines for keeping the best interest of your child in focus amidst the holiday stress.  If you have concerns about your custody arrangement or want to know more about your legal rights as a parent or guardian, our team of experienced family law attorneys can help.

Make Pyfer Reese your choice. Call 717.299.7342 to schedule a consultation.  Pyfer Reese offices will be closed on January 1^st.  From our family to yours, we wish you a very happy holiday season.

 ~Lauren E. Martin, Esquire

On August 25, 2017, a new law went into effect that makes an Ignition Interlock requirement mandatory for first time DUI offenders whose BAC is .1% or higher and for drivers who refuse chemical testing.[1]  The Ignition Interlock system is a device that is installed in a car and requires the driver to blow into the device in order to start the car.  The car will not start if the device detects alcohol.  Additionally, the device requires a driver to randomly blow into the device while driving to ensure that the driver remains alcohol free. 

          While the new law was marketed as a “tougher DUI law,” it also created a new Ignition Interlock License which allows an individual to drive during the term, or part of the term, of their DUI suspension.  For first time DUI offenders, a driver may avoid the mandatory year suspension previously imposed by PennDOT.  For second or subsequent DUI suspenders, the new law allows drivers to apply for this license after serving a portion of the mandatory suspension. It is important to note that this license allows travel anywhere and is not limited to travel to and from work.  

In order to obtain this license, a driver must complete an application with Penn DOT and have the Ignition Interlock system installed in their vehicle.  The application fee is $65.00 and is non-refundable.  The estimated cost of having an ignition interlock system per year is between $900 and $1,300 per year.

What this means for you:  If you have questions about the Ignition Interlock License or a DUI in general, we can help you.  If you have been charged with a DUI or are under a DUI suspended license, we may also able to help you through the process of obtaining the Ignition Interlock License.

Make Pyfer Reese your choice – visit www.pyferreese.com or call 717.299.7342 to schedule a consultation with me.

~Heather L. Adams, Esquire

When 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        

          The 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.

Pyer Reese Straub Gray & Farhat, PC, is a sponsor of Relay for Life.

Pyfer Reese Straub Gray & Farhat PC is a sponsor of CASA of Lancaster County

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EXCITING 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. 

The 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

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