Berman & Asbel, LLP
Legal News & Notes
December 2011
Berman & Asbel, LLP
20 W Third Street
Media, Pennsylvania 19063
610-565-9696
Greetings!
BMB&SMA
Stephen Asbel (L) & Bernard Berman
Welcome to our new newsletter.  We want to bring you some interesting and useful news and information on current legal developments and about our law practice.
However, we do not intend to give legal advice about your situation and you should not rely on this newsletter as legal advice.  If you have a legal matter you would like to discuss, please contact our firm directly so you can discuss your matter directly with us.

We are proud to serve the legal needs of individuals, families and small businesses. Contact us to discuss what we can do for you.

Thanks for reading and have a great day.
 
Sincerely,
Bernard Berman
Stephen Asbel
Berman & Asbel, LLP
 
Estate planning still needed
2010 Tax Bill Left Great Uncertainty

With great fanfare, Congress in its 2010 lame duck session passed lots of legislation that had been pending including a bill to extend the Bush-era tax cuts enacted in 2001 that would have expired at the end of 2010.  For a good summary of the bill, click here for one published by CCH.  On the estate tax front, in 2010, the estate tax was fully repealed and had Congress not acted earlier this month, the estate tax would have reverted to that in 2001 with estate taxation starting at $1 million with a 55 percent tax rate.  Under the 2010 legislation, starting in 2011, estate taxation has a threshold of $5 million with a tax rate of 35 percent.  In comparison, in 2009, the threshold was $3.5 million with a 45 percent rate.  There is an interesting feature to the 2010 bill in that for estates of persons who died in 2010, there is a choice. One option is to have zero estate tax but then have to calculate capital gain tax with modified carry-over basis rules after the first $1.3 million ($3 million to surviving spouse).  The gains under that amount can be calculated using the favorable "step-up" date-death basis valuation.  The other option is to apply the 2011 estate tax rates and have the benefit of the step-up valuation for all assets.  Some accountants will have a lot of numbers to crunch.  Even with this bill, a lot of legal uncertain remains due to the highly volatile political situation in Washington. 

 

Read more - Click Here 

Beware of "self-help" for child support or custody problems
It can make bad problems worse
child custody stock Whether it is the holiday season, beginning or end of the school year or any other time, disputes over child custody and child support can flare up most unpleasantly.  Sometimes, one is tempted to use "self help" remedies when frustrated by one's former spouse or the other parent of the children. Beware! Attempting "self help" in these cases can make a bad situation worse.  Following are some hypothetical scenarios of what can go wrong with self help and what are alternatives in the legal system. (The names are randomly selected and are not from real cases.)

Scenario 1 - Joe and Sue used to be married and have two children together.  The children live with Sue.  Joe has been paying child support under a court order but lately Sue has stopped allowing Joe to see the kids.  Joe feels that if Sue will not let him see the kids, then he should not have to pay child support.  Joe is thinking about stopping the child support payments until Sue lets him see the kids.  Is this a good idea?
NO WAY!

The obligation to pay child support is enforceable whether or not Joe gets to see his kids.  If Joe stops paying support as per the court order, he could be subject to enforcement action - even being held in contempt of court and put in jail.    Joe can do something, however.  He can take Sue to court to ask the court to order that he get time with the kids.  If the court enters such an order and Sue fails to comply, then Joe could ask the court to hold Sue in contempt.

In Pennsylvania, child support and child custody orders are entered separately by different divisions of the court.  Generally, the obligation to pay child support is a separate legal matter from the right to have time with the children.  If you are having trouble seeing your kids, be smart and file a child custody action in court.  Never try to use withholding child support as a weapon - it will backfire.  A competent attorney practicing family law can assist you.

To read more click here.

 

About Our Law Firm

The lawyers of Berman & Asbel, LLP provide quality legal services with a personal touch.  Our law practice includes family law, wills, trusts, estate planning and administration, Social Security Disability, serving the needs of same-sex couples, contracts for assisted reproductive technologies, DUI and other criminal matters and more. 

 

Berman & Asbel, LLP
20 W Third Street
Media, Pennsylvania 19063
Berman & Asbel, LLP
610-565-9696
In This Issue
Estate planning still needed
Beware of "self-help" for child support or custody problems
Attorney Spotlight
Bud Berman
Bernard 'Bud' Berman is the senior member of the firm. He focuses his practice in the areas of Family Law (divorce, property distribution, support, custody, pre-nuptial agreements), personal injury, and civil and criminal litigation. He also represents many clients in Social Security Disability, real estate transactions, and business contracts. His role as General Counsel to The Grand Chapter of Phi Sigma Kappa, a national organization, has taken him to many States in the US, as well as to Canada and the United Kingdom. Although his main focus is Delaware County, he has tried cases in Chester County, Montgomery County, Philadelphia and Bucks County, in Local, State and Federal Courts. He has served as an Arbitrator for the American Arbitration Association in commercial, securities and personal injury matters, and has tried his clients' cases before American Arbitration Association panels. 
 
To read more, click here.
 








 
 
 Like us on Facebook

Follow us on Twitter

Disclaimer:
The material appearing in this newsletter is for informational purposes only, and is not legal advice.  Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship.  The information provided herein is intended only as general information, which may or may not reflect the most current developments.  Although these materials may be prepared by professionals, they should not be used as a substitute for professional services.  If legal or other professional advice is required, the service of a professional should be sought.   

 

The opinions or viewpoints expressed herein do not necessarily reflect those of Berman & Asbel, LLP or any attorney in the firm.  Any links to other websites are not intended to be referrals or endorsements of these sites.  The links provided are maintained by the respective organizations, and they are solely responsible for the content of their own sites.

Free Consultation
We understand that hiring a lawyer is a big decision. So we offfer a free initial half-hour consultation on new legal matters.