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Eric Trajtenberg

Eric Trajtenberg’s Answers

14 total

  • What do grandparents have to do to retain legal custody of their granddaughter if being sued for custody by the mother & father?

    the ability by the plaintiffs to provide emotionally and financially for their daughter are questionable while the grandparents have no financial limitations or problems raising the granddaughter as is. One of if not both of the plaintiffs have a ...

    Eric’s Answer

    Because you are a grandparent, you have the legal position, or "standing," to pursue a custody matter regarding your grandchild. The Pennsylvania custody statute very clearly delineates under what circumstances a grandparent may seek partial or primary physical custody. You should absolutely consult with a knowledgeable, local lawyer about these issues. The Pennsylvania Custody statute states the following:
    The following individuals may file an action under this chapter for any form of physical custody or legal custody:
    (1) A parent of the child.
    (2) A person who stands in loco parentis to the child.
    (3) A grandparent of the child who is not in loco parentis to the child:
    (i) whose relationship with the child began either with the consent of a parent of the child or under a court order;
    (ii) who assumes or is willing to assume responsibility for the child; and
    (iii) when one of the following conditions is met:
    (A) the child has been determined to be a dependent child under 42 Pa.C.S. Ch. 63 (relating to juvenile matters);
    (B) the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity; or
    (C) the child has, for a period of at least 12 consecutive months, resided with the grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents, in which case the action must be filed within six months after the removal of the child from the home.

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  • Phila, PA. March 6, 2015. Spousal support hearing came to agreement of $500. per week.

    My Husband and I were married a little over a year, we separated and agreed on support for me as I was a stay at home parent, we were trying to have a child. He did not comply so we went to Philadelphia, PA. Family court and within 20 minutes had ...

    Eric’s Answer

    • Selected as best answer

    If an Order has been entered, then he cannot simply decide that he "does not want to pay." If he is employed and receives a regular paycheck, then his wages should be garnished and you should receive timely payments through Pa SCDU (State Collection and Disbursement Unit). If he is paying you "spousal support," then technically your co-habitation and/or infidelity may enable him to Petition the Court to terminate the spousal support payments. However, this can usually be remedied by the filing of a Divorce Complaint and raising a claim for "Alimony Pendente Lite" in the Divorce proceeding. It is important to check the local rules of the Domestic Relations Office where the matter is pending to see how their Conference Officers and Hearing Masters will handle these issues if raised in a proceeding. However, unless he proactively modifies your existing Court Order by filing a Petition to Modify and/or Terminate the Support, then no he cannot unilaterally decide to pay a different amount or stop paying.

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  • What actions should I take my childs mother made a bogus restraining order against me and granted temporary custody our child.

    Our child has been living with me in Philadelphia PA since October 2013. On February 27, 2015 his mother picks him up from school because we have a notarized agreement she gets him on Fridays and I pick him back up from her on Sundays. So on the F...

    Eric’s Answer

    If she has filed a PFA (Protection From Abuse) Petition, then you should have been served with that paperwork by law enforcement or the sheriff's department. The paperwork that you are served will notify you when your Hearing date is. The Temporary PFA Order that goes into effect only lasts until the Hearing date. At the Hearing, the Judge will determine whether a longer-term Order for Protection should be issued. You should look at the paperwork carefully and see whether she claimed that your son is a "protected party" in the case. If you have had full custody since 2013, then hopefully your Judge will see that this was filed as an attempt to gain custody of your son. However, when you say that you have a "notarized agreement" for Custody, that does not sound like you have an actual "Custody Order." If you do not have a formal Custody Order, and your temporary PFA Order grants custody to the mother, then I strongly recommend that you speak with an attorney about filing a Custody Complaint. You should retain an attorney for all facets of this case and ensure that you are adequately informed and represented.

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  • Questions on my first DUI in PA

    My car was stuck right outside a parking lot. I tried to back up a few times but in vain. After about 6-10 minutes cops showed up and tested me. This happened in Chester county in Pennsylvania. They took me for blood test and then kept me in the c...

    Eric’s Answer

    First and foremost, it is unlikely that you will receive a warning or any slack from law enforcement if they determine that you were, in fact, driving under the influence. If the facts are as you described, and you have no criminal history, then it is likely that you would be a candidate for the ARD Program. In Chester County, you apply for the ARD Program at your Preliminary Hearing, and you find out about 6 weeks later whether you have been accepted. Depending on your blood alcohol level, you will be facing either a 30 or 60 day license suspension. You will also face up to 12 months' probation, 50 hours community service, and need to complete the "COAD Requirements," including an alcohol evaluation (called a "CRN Evaluation"), and the required safe driving classes. You can anticipate total fines and costs coming to about $1,500. If you successfully complete the terms of ARD, then you can file to have your record expunged upon completing the Program.

    I strongly recommend that you find a lawyer who is familiar with criminal defense practice in Chester County and who has handled these matters in the past.

    All of the information contained in this response is supposed to be general in nature, and this answer does not create an attorney-client relationship. It is highly advised that individuals facing legal difficulties consult with an attorney of their choosing.

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  • To piggyback on and clarify the answer to my question: "Monthly $upport

    Eric Trajtenberg gave me the most appropriate, useful answer to my situation and my original question. In light of that, would "the "payor" spouse will pay the other spouse an amount equal to 40% of the difference in net incomes" include the payor...

    Eric’s Answer

    The "40% of the difference" is the presumptive Spousal Support obligation. If you are living in the marital home, then you will be required to pay the mortgage, taxes, insurance and other expenses associated with the residence. However, you may be entitled to a "mortgage adjustment" depending on the monthly cost associated with the mortgage, taxes, and insurance. A mortgage adjustment means that your spouse would contribute additional Spousal Support for the payment of those items. The calculation can be confusing.

    Please allow me to clarify that the calculations and idease set forth in this response, and my previous reply, apply only to "Spousal Support" or "APL," which is the support paid to you while the divorce is pending. Payments made to you after the divorce decree is entered are considered "Alimony" and are not calculated based on the ideas set forth in my messages.

    The information provided is only generalized information, and based on your circumstances, different factors may affect the resolution of your pending legal issues. I highly recommend that you personally consult with an attorney, and DO NOT rely on the information contained in this response.

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  • Monthly $upport - What would be a fair percentage of my husband's salary to recieve AFTER he pays his half of the mortgage.

    My husband works solely on a commission basis therefore his salary fluctuates enormously. Plus, he often has spent money for unnecessary things even at times we could not really afford it. We live paycheck to paycheck and sometimes he gets no chec...

    Eric’s Answer

    Spousal Support (and/or APL, ie. "alimony pendente lite") is calculated based on the monthy net incomes of the parties. Typically, when no minor children are involved for which there is a Child Support obligation, then the the "payor" spouse will pay the other spouse an amount equal to 40% of the difference in net incomes. For example and illustration purposes only, follow this example: Husband makes $2,000/mo, Wife makes $1,000/mo. The difference is $1,000, Husband would then pay wife 40% (or $400) per month as spousal support. If your husband's income changes and fluctuates, then you can either use an average of his earnings for the past 6 months, or you can use prior tax returns, when calculating his monthly net income.

    The information contained above is for informational purposes only and does not create an attorney-client relationship. In all circumstances it is advised that you consult with an attorney of your choosing.

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  • If I bought a house alone before marriage and refinance alone after marriage, does the house become marital property?

    Same as above

    Eric’s Answer

    The general rules are that property acquired before marriage is non-marital property, but that any increase in value of the asset during marriage is marital. The fact that you re-financed the home after getting married is not, in and of itself, an issue. However, if the re-financing involved your use of marital funds, then your spouse may have an argument that they have contributed to the home's value and, to the extent they contributed to the value, that the home is marital property.

    The answer above is for informational purposes only and does not create an attorney-client relationship. In all instances it is recommended that you personally consult with counsel regarding your legal rights and options.

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  • I had primary custody for my son for 2 years now. We went to court and the judge gave the the mother primary.

    The mother does not really care about the child she passes him off to other family when she has him. She never calls during the time I have him to see how he is. I have been the one to make dr appointments as well as dentist. The judge wants to gi...

    Eric’s Answer

    Did you have primary custody pursuant to a Court Order? The Court is not supposed to transfer primary physical custody of the child without having a particular type of Hearing. Was the Custody transfer done by a Master? Or by a Judge?

    You should consult with counsel about this issue immediately.

    This e-mail is for informational purposes only. The content above does not create an attorney-client relationship. In all cases, it is recommended that you consult with an attorney of your choosing.

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  • The father (noncustodial parent) is demanding that the child be taken to HIS church on mothers weekend is that usually awarded?

    My ex is Catholic and is putting her thru these classes 1 day during the week which I am completely fine with but I do not feel it to be necessary that she go to church with him on my weekends. The child is so scared of her father getting mad at ...

    Eric’s Answer

    The question of what religious beliefs should be instilled in your daughter is a "legal custody" custody in PA. "Physical Custody" refers to the actual amount of time that a parent spends with their child, and "legal custody" refers to a parent's ability to make decisions on their child's behalf which affect their health, welfare, and well-being. With that said, if your Custody Order provides that you have "shared legal custody," then you need to work with your ex to make these decisions jointly. If you are not able to come to an agreement, and if the issue rises to a level where you think that court intervention is necessary, then either party may raise the issue through the filing of a proper Petition. As a general statement, your custody time with your daughter is just that, "your time," and you should not have to take your daugther to a Catholic service just because your ex demands it.

    The information provided in this answer is for general information purposes only. This answer does not create an attorney-client relationship. In all instances, it is recommended that you personally consult with an attorney of your choosing.

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    I am a mother who has a lawyer it was told to me that he is the best lawyer when it comes to custody affairs. I did not listens to him when it come to the mediation hearing so I guess I sucked my self when it came down to going to court. because t...

    Eric’s Answer

    You need to have discuss matters with your attorney as soon as possible. You should ask your attorney what your rights and options are. If you are not satisfied with his respresentation, then you may consult with other counsel. However, your present attorney knows the history and details of your case, and is best prepared to advise you.

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