IN Brentwood-Baldwin-Whitehall Spring 2016 | Page 3
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LEGAL INSIGHT
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The Latest in Family Law
J
ust when you thought the law surrounding
family matters couldn’t get more confusing,
the Pennsylvania State Supreme Court throws
a curveball into the mix.
A decision of the Court was handed down in
the final weeks of 2015 mandating that there are
circumstances in which a stepparent can be liable
for paying child support.
It all stems from a case, Shiloh v. Shiloh, in which
the mother of two natural children wanted to
take the family from Pennsylvania and move to
California, where she had recently passed the bar
exam to practice law. Her divorced husband filed
a Petition attempting to prohibit her from leaving
Pennsylvania. She in turn filed her own court
motion, based upon the premise that “if stepdad
wants custody, then stepdad needs to pay child
support.”
Representing herself, she won the case — with
only one Justice dissenting.
So, what does this mean for local families?
“In today’s society, mixed families are very
prevalent,” said Joe Covelli of Covelli Law Offices.
“The nuclear family is changing, and there are
marriages with different children and stepchildren
involved these days. This recent ruling of the
Court states that if a stepparent wants to have
a continuing relationship with the children of a
previous marriage, then the stepparent also can be
held liable to provide for that child or children.”
Essentially, the ruling establishes a more
legitimate role for a “stepparent,” and mandates
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that stepparents can be more involved in the lives
of their stepchildren, insofar as they must accept all
responsibilities that go along with that expanded
role — including providing for them financially.
While the law may seem confusing, and even
potentially harmful to the adults involved, Covelli
said that the court’s main focus is to provide for the
children.
“They’re looking out for the best interests and
general welfare of the children involved. The
support of a child is a high-priority obligation;
notwithstanding any other obligation, one who
assumes the role of a parent may be expected
to provide support to the best of their particular
ability,” he said. “Could there be unintended
consequences? Sure. It could serve to impede
or even prevent stepparents from continuing a
relationship with the children, once a marriage
has dissolved. The natural parent could even bait
the stepparent to establish a continuing custodial
relationship — with an eye toward later asking
for the payment of child support. Alternatively,
the stepparent could refuse to engage the
stepchildren, for fear that if they did, [or] at some
point later on down the road, there could be a
financial obligation imposed.”
For more information on Covelli Law Offices, go
to Covellilaw.com online, or call 412.653.5000.
Covelli Law is located at 357 Regis Avenue (across
from the Pleasant Hills-West Mifflin Post Office).
Joe Covelli has over 30 years’
experience in his local law
practice – and is a 5 Star
Professional Award recipient.
Joe heads a team of attorneys
with expertise in several
areas of the law. For more
information, call 412.653.5000,
or visit the website at
CovelliLaw.com.
FREE Consultation | Call Today! 412-653-5000
Brentwood-Baldwin-Whitehall | Spring 2016 | icmags.com 1