- Divorce
- Child SupportIf circumstances change dramatically, the support award may be modified. Because it is the right of the child, not of the custodial parent, to receive the support, the custodial parent’s living arrangements are irrelevant. Pennsylvania has strict guidelines and enforcement tools to ensure that child support is paid. Child support is available regardless of whether or not the child’s parents were ever married.
- Child Custody and VisitationChild custody and support is also an issue for children born out of wedlock. According to the United States Census Bureau, in 2008, 40.6% of all children born were born to unwed mothers. In 1990, 28% of all children were born to unwed mothers. Out of all households, 29.5% were single-parent homes in 2008. This is only a slight increase since 1990, when 24% of all households were single-parent homes.
- Premarital AgreementA prenuptial agreement (pre-nup) is a commonly used legal device which can make the divorce process less time consuming and perhaps less painful. A pre-nup is a binding contract. Soon-to-be spouses can specify how property will be divided, if and how much alimony will be provided, and how custody arrangements will be determined. Child support can be specified, as well, but child support is dealt separately from the rest of the pre-nup. Occasionally, the financial standing of the spouses may change dramatically over the course of the marriage. In this event, the pre-nup likely will not be enforced, although a well-drafted pre-nup could address this situation.
- GuardianshipA guardianship is a legal arrangement in which a person, called the ward, is declared incompetent or incapacitated by a court and another person, called the guardian, is appointed to become a decision maker for the ward. Guardianships are available in contexts other than elder law, but it is an increasingly common arrangement to care for senior citizens stricken with Alzheimer’s disease, dementia, or other progressive neurological conditions. Until diseases like Alzheimer’s are cured, the guardianship will remain an important tool to protect the victims of neurological disorders.
- Spousal SupportIn addition to property distribution and custody determinations, divorce also raises the issue of financial support. If spouses have dramatically different incomes, an award of alimony may be granted. Until the divorce is final, a court may grant alimony pendente lite.
- FraudMrs. Ernsberger was a founding partner of the law firm of Behrend and Ernsberger, and is now a shareholder in its successor, Behrend and Ernsberger, P.C. Mrs. Ernsberger is primarily engaged in trial practice in family law and worker’s compensation, and insurance and consumer fraud. She is a member of the American Trial Lawyers Association, the Bar of Pennsylvania, and the Bar of Allegheny County.
- Trade Secrets
- Intellectual PropertyIntellectual property protection is critical to fostering innovation. Without protection of ideas, businesses and individuals would not reap the full benefits of their inventions and would focus less on research and development. Similarly, artists would not be fully compensated for their creations and cultural vitality would suffer as a result.
- Wrongful TerminationOur attorneys have years of experience with accident, disability, personal injury, insurance fraud, predatory banking, patent, trademark, copyright, employment law, and wrongful discharge cases to help you through the process, each step of the way. Every case is different, needing specialized knowledge and experience. With Behrend & Ernsberger, you know you’ll receive the kind of attention your case deserves, with a winning team on your side.
- Employment DiscriminationRichard represents clients in state and federal court in a wide variety of civil cases, including matters relating to federal false claims, employment discrimination, intellectual property (copyright and patent), real estate disputes, and consumer protection. Richard also counsels clients in transactional and regulatory matters, including in the registration of trademarks and copyright license agreements, and serving as general counsel for a limited partnership.
- Real Estate Litigation
- Real Estate Transactions"Barbara Ernsberger has been instrumental in helping me manage my mother's affairs from across the country - first for DPOA paperwork and then for a tricky real estate transaction. She knows how to turn up the heat when it's needed!"
- Personal InjuryPersonal Injury lawsuits cover a wide spectrum of injuries and accidents, including car accidents, toxic exposure and poisoning, defective products, and other legal issues
- Medical MalpracticeIf you are that patient, you have the option to pursue a medical malpractice claim against the doctor who hurt you.
- Auto Accidents
- Social Security DisabilitySocial Security plays a vital role in the lives of millions of Americans, including over 1.5 million Pennsylvanians. In addition to the most well-known program, Old Age (retirement) insurance, Social Security includes Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and many other programs. For the purpose of later-in-life planning, it is extremely important that you are familiar with the retirement income programs and with SSI.
- Estate PlanningEven if your will is properly executed and all of gifts are correctly described, your will still must be probated. You can aid the process by designating an executor in your will. Naming a back-up executor may be a good idea as well. For an added fee your attorney can serve as the executor as well.
- WillsTo address the advancements in life-sustaining technology, the law has developed the living will. Before living wills, doctors could either turn to a spouse or children of a patient to make the decision as to whether or not to continue life support, or they would refuse to allow any decision at all and continue life support indefinitely.
- TrustsYour will is an incredibly important document that allows you to specify how you want your property to be distributed after your death. If your will is not clearly written or correctly executed, your gifts (called bequests) may not be made to the people that you want.
- Power of AttorneyThe legal team at Behrend and Ernsberger, P.C. has the experience necessary to ensure that a Power of Attorney addresses your needs and if a POA is the best course of action in planning for your future care. Call us today at (412) 391-2515.
- Probate
- Tax Law
- Debt CollectionBehrend & Ernsberger, P.C. has long championed consumer rights. We have fought against credit card debt collection agencies, misleading life insurance sales, “lemon” cars, and mortgage scams, just to name a few.