Pittsburgh Divorce Attorney Blog

DUI and Commercial Driver's License

2013-06-13T23:37:08Z

I have previously written about the consequences associated with being charged with or convicted of a DUI. While those consequences are obviously less than ideal, the ramifications of being convicted of a DUI if you have a Commercial Driver's License ("CDL") are much more severe, especially if you use that CDL to make a living. In Pennsylvania, a CDL is required for a driver to operate any commercial vehicle. Such vehicles include semi-trailers, buses, and HAZMAT vehicles. Depending on the type of vehicle the driver wants to operate, there are a number of different classifications of CDL.

Following legislation passed by the Pennsylvania Legislature in 2005, the punishments following a DUI for a CDL driver were increased. In addition to the usual consequences associated with a DUI as outlined in previous posts, punishments for CDL drivers include the following:

- A one year suspension of the driver's CDL (three year suspension of HAZMAT license)

- If convicted of a second DUI (both occurring after 2005) the driver's CDL license will be suspended for life.

- If the driver refuses chemical testing at the time of the stop, his CDL will be suspended for one year.

- If the driver refuses chemical testing for a second time (both occurring after 2005) the driver's CDL license will be suspended for life.

- It is worth noting that if a driver accepts entrance to the ARD program, it will be treated as a conviction for the purpose of future CDL suspensions.

While a DUI can be costly to the average citizen, the penalties are especially stiff on CDL holders. If you are facing a DUI charge, contact an experienced criminal defense attorney at our Pittsburgh law firm, Gusty A. E. Sunseri & Associates, for help. However, if you make your living with your CDL, it is even more important to speak with an experienced attorney and discuss all of your options in order to protect your livelihood.

Our Family Wizard ... An Online Communication Tool for Divorced Parents

2013-06-08T00:35:56Z

It's no surprise that parents going through a divorce are often not very good at communicating with one another. While there is no requirement that ex's like one another or even be civil to one another, the ability to work together is important when children are involved. It is obviously ideal if two divorced or separated parents are able to work together regarding their children. However, this is not always the case. Some parents are just too hurt or angry to be able to co-parent and any interaction between the two leads to stress and conflict.

Fortunately, a service now exists that allows parents to communicate through an online database and minimizes the interpersonal contact they must have. The service is called "Our Family Wizard" and offers a wide range of tools that can make co-parenting much easier. With this service, both parents will have access to one account for their child. In that account, they can put events into a calendar, send e-mails to one another and track expenses. You can even upload medical records, immunization histories and school information.

All of this data can then be made available to the court and the presiding Judge can then monitor the situation if there are any problems. For example, all of the e-mails exchanged by the parties are stored in the site database and if something inappropriate is contained in one of those e-mails, it is stored securely and the Judge can be made aware.

Following a separation or divorce, the only person who suffers from parents' inability to work together is the child. Therefore, with this service, parents can share important information regarding their child while minimizing the amount of contact they have with one another. This consequently decreases the amount of stress placed on the child. If you are a parent and are having problems co-parenting this may be an option for you. Contact an experienced family attorney at our Pittsburgh law office, Gusty A.E. Sunseri & Associates, and he or she will be able to either set this service up or obtain an order from the court directing the parents to participate in the program and split the costs.

Potpourri. Some things I think...

2013-06-05T00:29:04Z

Agreements are good - Whether we are talking about pre nuptial agreements, general partnership agreements or settlement agreements. Anything in writing, agreed to by the parties, detailing their relationship or the end of their relationship, is better than no agreement at all.

Well written agreements are even better. Yes any written agreement is good, but agreements written by competent lawyers are even better. Of course, attorneys that are well versed in specific agreements generally do a better job than those who are doing it for the first time.

Parents involved in a divorce, that get along, have a better chance of having well adjusted children.

Many times in a divorce the children are more mature than the parents.

Divorcing parents that are looking for revenge will undoubtedly produce children with future psychological issues.

Settlements may sometimes feel like a loss, but the alternative may well have been worse.

Any one who represents himself / herself to save money almost never succeeds.

Judges would rather you settle the case.

Agreements are almost always less costly than litigation.

Details always matter.

A zealous attorney is one that cares.

More preparation is better than less.

Composed by attorney Gusty Sunseri of Gusty A.E. Sunseri & Associates.

DUI & Ignition Interlock

2013-05-30T19:07:48Z

In Pennsylvania, if you plead guilty to or are convicted of a second or subsequent DUI, one of the consequences of your conviction is that you will have to have an Ignition Interlock device installed in your vehicle. The Ignition Interlock is a piece of equipment that prohibits a person from starting a vehicle if he or she has been drinking. A driver is required to blow into the device before he or she attempts to start the engine. If there is no alcohol on the driver's breath, the vehicle will start as usual. However, if the device detects alcohol, it will prevent the ignition from firing and the vehicle will not start. Additionally, throughout the course of the drive, the device will prompt the driver to blow into it to ensure that he or she does not drink alcohol after the car is started.

Because a fairly lengthy driver's license suspension accompanies a second or subsequent DUI conviction, the Ignition Interlock device is installed in the driver's car after he or she has served a 12 to 18 month suspension. Approximately 30 days prior to the end of the suspension the driver will receive a restoration letter from PennDOT and the driver will have to reply to that letter to get his or her license back. Along with the restoration letter, the driver will receive an application for the Ignition Interlock License and a list of installers. It is the driver's responsibility to have the device installed and pay the cost of approximately $1,200.

When the driver receives his or her license back from PennDOT, it will appear different than it did when the driver mailed it in. An Ignition Interlock License is a "limited license" and prohibits a driver from operating any vehicle that does not have the interlock device installed in it. It is extremely important that the driver comply with these restrictions and not drive any vehicle without the interlock device. If a driver is caught operating a vehicle without the device, he or she could be fined or imprisoned.

If you have been charged with a second or subsequent DUI, it is important that you discuss your case with an experienced attorney. The Ignition Interlock system is just one of the many complex issues you will have to address in connection with the DUI. Contact my Pittsburgh law office for a qualified attorney who will be able to guide you through the process and hopefully minimize the consequences you will have to face.

Paramours and Child Custody

2013-05-28T18:57:14Z

In a child custody case it is almost inevitable that at some point one or both parents will become involved with a new significant other. In my family law practice, I routinely encounter situations where a parent does not want to inform the other parent of who his or her new paramour is. Now, this isn't always a problem and everyone is entitled to a certain degree of privacy. However, if a relationship reaches a level where a parent wants to cohabitate with their new significant other that right to privacy becomes diminished as the safety of the child or children becomes the most important concern.

According to Pennsylvania law, the Court is required to determine whether a party or household member poses a threat of harm to a child in an event of a criminal conviction. As a result, all members of a household must be disclosed to the Court through a sworn affidavit by each parent. This affidavit inquires as to the household member's criminal histories regarding issues ranging from DUI to Homicide. If a household member has been convicted of one of the offenses outlined in the affidavit, the court must conduct a hearing to determine whether a parent or household member poses a risk of harm before making a ruling on custody.

Therefore, your choice of partner in a relationship can significantly affect your child custody order if that partner has a criminal record. The Court may determine that your new significant other poses a risk to the child and you will be forced to make a choice between your child and paramour. Although the Court would not likely prevent you from seeing your child, it may enter an order restricting the paramour from having any contact with your child and as a result, your custodial time with your child could be severely limited if you choose to remain with him/her.

If you need advice regarding any child custody issues, contact my Pittsburgh family law office, Gusty A.E. Sunseri & Associates, to speak with an experienced family law attorney.

Child Support Contempt

2013-05-21T14:25:49Z

The payment and collection of child support can be a contentious issue between parents following separation or divorce. The issue can be a sensitive one even when the obligor is making regular payments. However, if the party with the support obligation fails or refuses to make payments, the tension between the parties almost always intensifies. What mechanisms does the Court then have to ensure the obligor pays support and to ensure that the party in need receives regular payments?

First, the Court has the power to find an individual who has failed to pay support in contempt of court. If a Judge finds a party in contempt for failing to pay a support obligation, the Judge can sentence him or her to serve up to 6 months in jail for each support case. Therefore, if a father has two children, one each to different mothers, he could face a total of 1 year in jail for failing to pay support to them.

The purpose of threatening jail time is to provide an obligor an incentive to pay support regularly. The obligor may, at any time, purge the arrears balance and be released immediately. In addition, county jails will offer work release so that an obligor can continue to go to work to earn enough to pay the balance due. Finally, county jails will help an unemployed obligor find work and permit him or her to attend daily so that he or she may purge the contempt and be released.

Finally, the Pennsylvania legislature has enacted statutes that permit the support collection department to intercept certain payments to an obligor if he or she has an outstanding arrears balance. For example, if an obligor is expecting an income tax refund, that refund will be intercepted by the collection department and will be used to make up for any arrears. Additionally, if an individual wins a personal injury settlement following a lawsuit, those proceeds will be used to repay any arrears amount the obligor owes as long as the settlement is for at least $5,000.00.

The most important thing to the Court is that an obligor pays support regularly. Child support belongs to the child and the Court considers it a monthly bill just like gas or electric. The only difference is that the gas company can't incarcerate you for failure to pay. If you are facing a contempt hearing for failure to pay support or if you are headed to court to confront a party that has failed to pay, contact my Pittsburgh Family Law office, Gusty A.E. Sunseri & Associates, for an experienced attorney to review your case.

Dissipation of Marital Assets

2013-05-16T12:15:37Z

In a number of my recent divorce cases, I encountered situations wherein one party decides to remove or destroy marital assets prior to anyone filing for divorce. Obviously, when my clients found out, it caused significant conflict and added even more stress to the divorce process. The first question from my clients was, "what can we do to stop my spouse from doing this?"

In Pennsylvania, the general rule for the division or marital assets upon a divorce is equitable distribution. To divide marital assets equitably, the Court considers a variety of factors to determine what percentage of the marital property and estate each party will receive in settlement. This process is clouded when one spouse manipulates the assets or property and decreases the value of the marital estate prior to separation.

If your spouse has begun to dissipate assets, it is important to contact an attorney as soon as possible so that the attorney can go into court and obtain an order preventing any further dissipation. Examples of dissipation of marital assets include: paying off individually held credit cards; making unsecured loans to friends; and gifting money to family and friends. If you delay in this process and fail to object to your spouse's expenditures, a Judge may later find that you acquiesced to the expenditures and, therefore, will not grant you any relief.

If you promptly object to the dissipation of assets and bring it to the court's attention, courts have the option of "adding back" such assets to the marital estate in order to reach a fair equitable distribution scheme. The main issue facing the court in such cases is whether the marital property was used in a manner benefiting one spouse at the expense of another. Regardless of whether you have begun the divorce process or not, if you have suspicions that your spouse is improperly disposing of marital assets, it is essential that you contact an experienced divorce attorney immediately. The sooner you speak with an experienced attorney, the sooner he or she can take the steps necessary to protect your assets.

Step-Parent's Rights

2013-05-10T22:27:01Z

Occasionally, my law firm is contacted by a step-parent inquiring about his or her child custody rights after the break-up of a relationship. The child custody rights of a step-parent are quite similar to those of a biological parent in many ways. A step-parent in Pennsylvania has the right to sue a custodial parent for partial custody or visitation of the natural parent's child. This typically occurs when the parties married and lived together for a substantial period of time with the child/children and the step-parent assumed the role of supporting and caring for the natural parent's child. If the natural parent refuses to grant the step-parent access to the child, the step-parent should consider contacting an attorney and filing a complaint for partial custody or visitation.

The one major difference between a step-parent's rights and a natural parent's rights is that a court will not typically award the step-parent primary physical and legal custody except for in exceptional circumstances. The Court tends to prefer biological parents for obvious reasons. However, if, for example, the step-parent, natural parent and child live together as a family unit and the natural parent passes away, the Court may award the step-parent primary physical custody even if the other natural parent is still alive.

As you can see, a step parent has a plethora of custody rights in Pennsylvania, depending on the situation. If you are a step-parent and have any questions regarding your custody rights to a step-child, contact my family law practice, Gusty A. E. Sunseri & Associates, to discuss your options.

Social Security & Divorce - Part II

2013-05-06T11:16:45Z

In the last blog entry, I commented on some of the interplay between the Social Security system and divorce. Most notably, I discussed spousal and survivor benefits and what happens when a person divorces before or after the age of 60. However, there are a number of other novel situations that can arise depending on the circumstances of a divorce. For instance, if you are now single, but were married twice previously (each time for at least 10 years), the law permits you to choose which former spouse's benefits to claim if you do not elect to take your own.

Another interesting case arises if a person has been married twice, but the current spouse predeceases the former spouse. Say that you were previously married for 12 years and that spouse contributed to Social Security for the entire duration of the marriage. You then divorced that spouse and married a second spouse and have been married for 14 years. If your second spouse were to die before your first spouse, the law allows you to choose which spouse's benefits to draw from. Now, normally, this isn't much of a choice considering that survivor benefits are more generous, granting the recipient 100 percent of a working person's entitlement, while spousal benefits are only 50 percent. However, the choice can be important considering the amount of each respective benefit.

Clearly, there are numerous important issues to consider when addressing Social Security and Divorce. If you or your spouse has been contributing to Social Security during your marriage and have been married for at least 10 years, you will have to make a decision about which benefits to elect to take upon divorce. As an experienced divorce attorney, I can help you before making any final election.

Social Security & Divorce...

2013-04-23T11:03:18Z

As an equitable distribution in many of the divorce cases my firm handles one of the assets that needs to be addressed in equitable distribution is the parties' Social Security benefits. In any marriage that has lasted 10 years or longer and at least one party was contributing to Social Security, both parties are entitled to benefits. If only one spouse was paying into Social Security, the non-paying spouse will be entitled to spousal benefits. If a party claims spousal benefits at retirement, he or she is typically entitled to 50 percent of the full benefits of the wage earner. If for some reason the benefits are claimed early, this amount will be reduced.

If both parties were paying into the system throughout the marriage of at least 10 years, they are entitled to their own benefits or the spousal benefit, but not both. Therefore, it is sometimes more beneficial for a party to take 50 percent of his or her spouse's benefit rather than taking one's own benefit depending on the respective amounts.

Finally, if a party divorced and remarries before he or she turns 60, he or she will no longer have a claim to the former spouse's Social Security benefits. Conversely, if a party divorces and subsequently remarries after age 60, he or she retains the right to their former spouse's spousal or survivor benefits for the rest of their lives.

If you have been married to your spouse for more than 10 years and one or both of you have been contributing to Social Security, it is important to consider the impact your respective Social Security benefits may have on the distribution of assets in your divorce. If you are facing a divorce and need advice, you should contact my Pittsburgh law office, Gusty A.E. Sunseri & Associates, about the implications of Social Security on your case.

Preparation - The Key to Success: Part I

2013-04-18T21:26:00Z

As an experienced Pittsburgh attorney, I now remember back to having a guest speaker in my first year of law school. He was a gentlemen in his mid 40's that had graduated from our law school. He now had a thriving and successful practice in Washington DC. The speaker, whose name I can not remember, said something that has stuck with me for over 25 years. I can remember what he said like it was yesterday because the gentleman said something I simply did not believe.

The young gentleman said that he had never lost a case. Being an ex athlete, I knew no one "always" wins. I said to myself - yeah, right - but it was what he said next that hit home with me. He said that he has never lost a case because of one reason-he always out prepared his opponent. This may have hit home with me because the recent sting of just having been cut by the Philadelphia Eagles. Disconcerting thoughts still emanated through my body and the internal question of what more could I have done - did I work and prepare enough. For whatever reason - his statement stuck in my mind and an evaluation of the history of my success and failures in athletics, academics and professionally have proven his philosophy to be true. Quite honestly, it seems that my own life's experiences have been a test case study of this truism - preparation is the key to success. In Part II of this series I will describe, analyze, and test the theory.

Written by Gusty Sunseri - owner and attorney, Gusty A. E. Sunseri & Associates.

Custody and the Teenager - Quit the Chess Game

2013-04-14T21:13:33Z

Teenagers love to believe that they are old enough to know better for whatever reason, and I was as guilty as any. At about the age of 15, teenagers start believing that they are much smarter than their parents. This transition is painstaking and trying for married parents, but it is especially complex for divorced couples. The complexity of this teenage phenomenon can be exacerbated by one or both of the divorce couples poisoning the mind of the teen against the other parent.

Yes believe it or not, the two "once love birds" now hate each others guts and will resort to what ever means to make the exspouse's life a pure hell. There's no better person to help them attack the other parent than the rebellious young teenager who, quite honestly, can play each parent like a fiddle. The motivation varies from just wanting to proverbally stink needles in the other parent's eyes to wanting more time with the child to reduce or increase child support (by the way, you can still owe child support even though you have custody of the child 50% of the time). In either case, there is just one loser-the child. Let's face it, no one deserves to be treated like a pawn, especially young children who are already going through the tumultuous emotional throngs of a divorce. These types of parents should try to take one second and think about the affect its going to have on the child. They also should try and be objective-maybe the other parent is more strict at a time when "more strict" is needed, Or, maybe the other parent is more loving at time when when a big time "loving" is needed.

So if you are a divorced parent with a young teenager, try not to use the youth like a chess piece. Treat him or her with hard love, think about what the other parent brings to the table as a parent and just let life happen. I guarantee it will eventually feel much better than the strategic placement of those needles.

Underage Drinking & Fake IDs

2013-04-11T00:16:11Z

Each year, my firm handles a number of underage drinking cases. Most cases are fairly straightforward and a minor simply got caught at a party or had too much to drink. However, the case gets significantly more complicated if the minor possesses a fake ID. The consequences for possessing false identification and using it to purchase alcohol make a case more complicated than one in which the minor simply gets caught drinking alcohol underage.

If a minor is caught with fake identification, uses a fake ID to buy or attempt to buy alcohol or verbally communicate to someone that they are 21 in an attempt to buy alcohol, he or she may be charged with one of two crimes: Misrepresentation of age to secure liquor or malt or brewed beverages and/or Carrying a false identification card. A first offense is typically punishable only by a fine. However, any subsequent offense can carry significant penalties and can include:

- $300 fine for a first offense

- $500 fine for a second or subsequent offense

- Up to 90 days in jail

- Loss of driving privileges for 90 days for the first offense, one year for a second offense and two years for a third.

If you or someone you know has been charged with one of the above crimes, it is important to consult with an experienced criminal defense attorney as soon as possible to discuss your case. Depending on the facts of the case and your criminal history, a number of options may be available to you to resolve the matter.

Marijuana Possession & College Students

2013-04-08T00:02:54Z

It seems as though it has become increasingly common to hear about college students getting busted for marijuana possession. Each year, there seem to be more and more college athletes being suspended by their university or questioned by professional teams when entering the draft regarding "character issues" following a failed drug test because of marijuana use. The consequences of being caught with marijuana on those students, however, are very different than the average student.

First, there are the obvious legal implications of being arrested or cited for marijuana possession. The severity of the penalty depends on the amount of the drug the individual has on him or her. If the student possesses 30 grams or less, he or she will be charged with possession of a small amount of marijuana. This crime carries a maximum penalty of 30 days in jail and a $500 fine. If an individual possesses more than 30 grams, he or she will be charged with possession of marijuana and could be sentenced to up to one year in jail and have to pay a $5,000 fine.

However, the implications of a student being convicted of drug possession can be farther reaching than he or she may realize. According to the Higher Education Act of 1998, a student convicted of any crime involving the possession or sale of a controlled substance is not eligible for student aid for a year following the conviction. If the student is convicted of a second offense, he or she is then ineligible for an additional two years. A third offense renders the student permanently ineligible for student aid. If the student is convicted of selling a controlled substance, the penalties are even stiffer, with a two year ban from receiving financial aid following a first conviction.

If you are a student or are the parent of a student and he or she is facing drug charges, it is imperative that you contact an experienced criminal defense attorney very early in the legal process. The ramifications of a drug conviction are farther reaching than you may realize. My Pittsburgh law firm, Gusty A.E. Sunseri & Associates, may be able to help minimize the impact of the charges and prevent you or your child from losing financial aid.

Alimony

2013-03-26T21:16:03Z

One of the biggest sticking points I run into as a Pittsburgh family law attorney is alimony in divorce cases. Prospective obligors typically recoil at the thought of providing for their soon to be ex-spouse for the foreseeable future while prospective recipients are often looking to guarantee themselves a certain standard of living going forward. It is this issue that often leads to a break down in settlement negotiations and the parties subsequently heading to trial.

A court will award alimony, as it deems reasonable, to either party only if it finds that alimony is necessary. In Pennsylvania, there are 17 factors that the court looks at when determining how much, if any, alimony will be due. While I won't walk through each and every one, some of the factors that most frequently come into play are: (1) the relative earnings of the parties, (2) the ages and physical conditions of the parties, (3) the duration of the marriage, (4) the standard of living the parties established during the marriage, (5) the marital misconduct of either of the parties during the marriage, and (6) whether the party seeking alimony is incapable of self-support through employment.

Typically, one or more of these six factors is especially sensitive to parties. For example, if one party earns substantially more than the other, it is likely that the court will enter an alimony award that is large enough to allow the party with the lower income to enjoy a similar standard as he/she enjoyed during the marriage. If the marriage was only a few years long, perhaps the alimony award will only last a few years. However, if the marriage was 25 years long, that alimony award could last for a very long time, if not indefinitely.

If you are considering divorce or have already begun the process, it is important to speak to an attorney regarding alimony. Regardless of whether you might be an obligor or recipient, an experienced divorce attorney can evaluate your case and advise you how to proceed regarding alimony. Very small fluctuations in a monthly alimony payment can add up quickly over the years. Protect yourself by speaking with an attorney early in the divorce process.