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HOT LAW NEWS
(FAMILY LAW) ( PA CASE )
Sec.
4351 Costs and Fees
sub-section (a) General rules - If an
individual prevails in a proceeding
to establish paternity or to obtain a support order, the
court may charge the defendant party, filing
fees, reasonable attorney’s fees and necessary travel and other reasonable
costs and expenses incurred by the party seeking court relief and his or her
witnesses.
It is the hope of the legislators that this provision will put an end to leaving
the dependent spouse at the financial mercy of the recalcitrant spouse.
Now all defendant obligors will share in the expense that once fell
entirely on the community (local, state and federal) and the dependent spouse.
(PA
CASE) In
a recent case, the court made it known that it will not tolerate delaying
tactics on the part of a party to a divorce action that has as its main purpose
the continuance of temporary alimony and delay of the court’s final decision
on post divorce alimony or support. Temporary
alimony is called alimony pending litigation (APL in legal shorthand) also known as alimony pendente lite in the latin. If the party who initiated the divorce action is the beneficiary of the APL, and that party engages is delaying tactics, the APL order will be suspended 30 days after the filing of the petition requesting suspension or 30 days after expiration of the 90 day waiting period in a no-fault (irretrievably broken marriage) divorce. This case is a warning that the courts will not tolerate a party deliberately thwarting the progress of a case and will issue an order that might create a financial hardship for that person. Experienced divorce counsel will advise against such tactics. FOR
ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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