Eric Trajtenberg’s Answers

Eric Trajtenberg

West Chester Divorce / Separation Lawyer.

Contributor Level 7
  1. Questions on my first DUI in PA

    Answered over 3 years ago.

    1. Eric Trajtenberg
    2. Adam D. Zucker
    3. Andrew Stephen Roberts
    3 lawyer answers

    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,...

    1 lawyer agreed with this answer

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

    Answered over 3 years ago.

    1. Eric Trajtenberg
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered over 3 years ago.

    1. Eric Trajtenberg
    2. Patrick James Best
    2 lawyer answers

    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% (...

    1 person marked this answer as helpful

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

    Answered over 3 years ago.

    1. Jason Kutulakis
    2. Eric Trajtenberg
    2 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. Justin C. Gearty Jr.
    2. Eric Trajtenberg
    2 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. Eric Trajtenberg
    2. Steven Alan Fink
    2 lawyer answers

    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...

  7. I NEED HELP MY SON IS 8 YEARS OLD AND DOES NOT WANT TO GO TO HIS FATHERS HOUSE AND FOLLOW THE COURT ORDERwe have two child what

    Answered over 3 years ago.

    1. Levi Samuel Wolf
    2. Justin C. Gearty Jr.
    3. Eric Trajtenberg
    3 lawyer answers

    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.

  8. Can I sue my children's father for him to have visitation with his children?

    Answered over 3 years ago.

    1. Eric Trajtenberg
    1 lawyer answer

    If you file a Custody Complaint against him, then certain Court-ordered steps will be set in motion. Specificaly, the parties will be Ordered to attend a Custody Conciliation Conference will they were either come to an agreement regarding Custody, or will the Court will create a schedule. Filing a Custody Complaint is the way this process would be initiated. I recommend that you consult with counsel about your rights in this matter and the specific legal issues involved. The information...

  9. I get cought for driving with suspended lisence dui related in pa, will i go to jail for it?

    Answered over 3 years ago.

    1. Eric Trajtenberg
    2. Adam D. Zucker
    3. Michael Jonathan Wartko
    3 lawyer answers

    Is your New York license presently suspended for the DUI that is still pending in Court? I am not sure of the circumstances of your DUI, and I am not familiar with the laws of New York, but it is not entriely clear why your license is suspended if you have not yet been convicted. Additionally, Driving with a Suspended License, DUI Related, is a Summary Offense, for which your first Court appearance is going to be in the Magisterial District Court for a Summary Trial. Even if you are found...

  10. Why would a custodial mother of 2 be ordered to pay 800 spousal support to her separated husband and not receiving child support

    Answered over 3 years ago.

    1. Matthew Roy Kessler
    2. James V. Monaghan
    3. Eric Trajtenberg
    4. Levi Samuel Wolf
    4 lawyer answers

    I agree with the above answers. Spousal Support and Child Support obligations are determined according to specificalculations based on the monthly net incomes of the parties. While there may be reasons to deviate from the amount of support calculated, the facts that you have provided give me no reason to see why or how a deviation would be justified. Are the children over whom she has custody also the children of the spouse to whom she is paying spousal support? That is one fact which is...