Presented by Brian Vertz, Esq., MBA, AVA at Pennsylvania Bar Institute Family Law Update in October 2006. Describes current issues and case law in child support, spousal support, and alimony pendente lite.

1. Family Law Update 2006 Brian C. Vertz, Esq. Pollock Begg Komar Glasser LLC

2. A married couple in their early 60s was celebrating their 35th wedding anniversary in a quiet, romantic little restaurant. Suddenly, a tiny yet beautiful fairy appeared on their table saying: "For being such an exemplary married couple and for being loving to each other for all this time, I will grant you each a wish."

3. Oh, I want to travel around the world with my darling husband. The husband thought for a moment: The fairy waved her magic wand and - poof! – two tickets for the Queen Mary II appeared in her hands.

4. "Well, this is all very romantic, but an opportunity like this will never come again. I'm sorry my love, but my wish is to have a wife 30 years younger than me."

5. The wife, and the fairy, were deeply disappointed, but a wish is a wish.

6. So the fairy waved her magic wand and - poof! – the husband became 92 years old. The moral of this story: Men who are ungrateful bastards should remember fairies are female.

14. Double Dipping – Severance pay is income only if it is not a marital asset? Majority Rule – Compensation for past service is marital property. Compensation to replace future earnings is separate property (and therefore income). Formula based on length of service does not necessarily mean that severance pay is deferred compensation. Severance Pay

26. Melzer Analysis Chapman-Rolle v. Rolle , 893 A.2d 770 (Pa.Super.2006) “ In Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), our Supreme Court held “the hearing court must first calculate the reasonable expenses of raising the children involved, based upon the particular circumstances-the needs, the custom, and the financial status-of the parties.” Melzer, at 471, 480 A.2d at 995. “ Once the reasonable needs of the children have been determined, Melzer sets forth a formula to calculate each parent's support obligation.” Mascaro v. Mascaro, 569 Pa. 255, 259, 803 A.2d 1186, 1189 (2002). Specifically, the court must determine the amount of each parent's income which remains after the deduction of the parent's reasonable living expenses. Melzer, at 472, 480 A.2d at 996.

40. One for the Guys