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Questions Answered by Peter Christopher Lomtevas
1 Answer | Asked in Divorce for Pennsylvania on
Q: Can spousal support not alimony be taking away if I move in with my boyfriend? This is in Pennsylvania
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 24, 2022

In the absence of much additional information, this question is nearly impossible to answer. We will have to fill in some gaps in the facts.

We will assume the asker is the petitioner for spousal support which is known as "alimony" pending litigation (alimony pendents lite). The...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband wants a divorce and is trying to sell before the divorce a vehicle he gifted me prior to marriage.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 24, 2022

There isn't a question here, but we can intuit that this asker wants to know if the husband can sell a vehicle he gifted to the asker spouse. The answer is yes until the divorce is actually filed. Couples are free to transact business without legal permission. That is the essential nature of... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: I paid a divorce attorney a retainer for services. He went out of business. How can I get a new attorney with no money?

I hired a divorce attorney in mid 2020 and paid the retainer off in early 2021. The attorney worked throughout mid 2021 and 2022. The divorce is still not finalized because my ex-husband's attorney has been stalling with returning my attorney's calls and letters. My attorney informed... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 24, 2022

The law of lawyering demands that attorney fees be reasonable. "Reasonable" means there must be an objective standard involved in the receipt of fees. That standard is typically an hourly fee for work performed.

This hourly scheme works wonders for an attorney who wants to abandon...
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1 Answer | Asked in Child Support, Family Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Plaintiff not present at Child Support Contempt of Court Hearing – Unconstitutional?

1. I appeared at Contempt of Court Hearing regarding Child Support but never filed an Entry of Appearance

2. Plaintiff was not present, I objected, it was overruled

3. Judge stated on the public record that the court adheres to all the laws of the Federal Constitution and the... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 22, 2022

This asker posed this question on Avvo. This was the response:

This question leaves some unanswered question one of which is who is the obligee. Is the obligee the custodial parent or is it the government who obtained an assignment of the obligation. The impression from this narrative is...
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1 Answer | Asked in Family Law, Child Custody and Constitutional Law for New York on
Q: What is case law on a non-custodial parents girlfriend being requested to give a hair follicle after already submitting

Drug test by an oasis State facility

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 22, 2022

This is one of those questions that lack all of the detail needed to properly respond to. There is also missing an issue except to the extent that a "non-custodial parent's "girlfriend" already submitted to a hair follicle test.

There is a considerable body of case law...
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1 Answer | Asked in Family Law for New York on
Q: I accidentally missed a pretrial hearing. A terrible mistake out of town for business, simply misread the date. Do I?

Despite court 12 months of overwhelming evidence that I’m fine (forced to prove myself with a false TOP), they suspended visitation of my son. (Very punitive and abusive) , also enter all discovery is collected- not for me, do I strike that NOI the plaintiff submitted?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 20, 2022

This question asks for legal advice as to whether to "strike" a note of issue, a filing the signals the end of the discovery phase of an action and commences the trial pages.

We here cannot provide legal advice. We are an information service that educates the public about the law...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: What do I do if I feel my lawyer is not representing me properly?
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 11, 2022

The asker can fire his lawyer at any time. The effect on the case could be dire, and the impression on the judge presiding over a case where a litigant does not get along with his lawyer could be disastrous.

1 Answer | Asked in Family Law for New York on
Q: Can I give the baby the fathers last name on the birth certificate and leave father part blank and have no problems?

As long as father does not sign it’s okay to give the baby last name and be able to do things like file for passport without dads permission?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 8, 2022

We here cannot violate our ethical rules by teaching askers how to deprive a person's consortium with his children. Instead, honesty is the best policy even though it may invite decades of litigation.

1 Answer | Asked in Family Law for Pennsylvania on
Q: What is I took a no contest plea and got charged with Endangering the Welfare of a Child (F2) in PA?

Short of a very long story I was wrongfully accused by a pediatrician. This pediatrician accused me of abusing my son, but later on it turned out to be from a medical condition. But unfortunately the prosecutor decided to charge me anyway and now it's to be fought out in court with the... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 6, 2022

This is another one of those questions that requires candor that is unpleasant to government and government's supporters to answer fully and accurately. Federal money goes to the states for child protection and certain criminal prosecutions meaning the tail wags the dog, and the outcome can be... Read more »

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Does my husband's income count as mine on child support as a stay at home mom?

I live in the state of Pa. I've been married to my husband for 6 years. My son's (7yo), bio father has recently stopped paying child support that we cordially agreed on after only paying for a year. I want to go through court and get it court ordered. But does my husband's income... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 6, 2022

Pennsylvania law has long provided that a child support award is determined based upon the income of individuals who owe a duty of support to the child (the parents of the child). However, the Pennsylvania Superior Court deviated from that analysis, and considered the income of a parent’s new... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: Child services vaccinated my children states in their files no vaccinations still have all parental right what do I do

Child services has temporary custody but in their records it states no vaccinations and they went without my knowledge and vaccinated my children. Caseworker was supposed to call me and tell me what happened she never called or will return my calls I found out from my son

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 6, 2022

Pennsylvania has a unique approach to its citizens characterized by imposed government edicts per family. Pennsylvania says the law is fair for all and that every citizen is treated equally when in reality, that is very far from the truth.

First and foremost, Pennsylvania subscribed to the...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: Judge who signed order was my attorney for a different case and knew the both parties involved. Conflict? Invalid order?

My daughter’s grandmother filed for custody and was granted temporary relief many of reasons given in petition were false. The judge who signed the Show For Cause granting the temporary reliefs, including custody of my daughter, was previously my attorney as a district attorney who represented me... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 5, 2022

There are many convoluted questions here on Justia that give answering attorneys pause, and this is certainly one of them. The call of the question is whether the judge's order is ineffective given the facts of the question. Let's unpack the facts.

The asker's mother lied on...
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1 Answer | Asked in Divorce, Family Law and Elder Law for New York on
Q: If a husband walks out, is he financially responsible for shared bills?

My mother has been a full time caretaker for her husband for over 10 years. He is continuing to decline and his behavior and needs have become unmanageable for her at her age. In October, he was hospitalized with CDIFF and we tried to get help through a hospital social worker with no support. She... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 5, 2022

This question also appeared on Avvo, and it gave this writer pause. A husband apparently contracted a serious digestive disease characterized by the infestation of a parasite. So, a very ill spouse manipulates marital finances and bolts. The asker asks us legal professionals what to do, and... Read more »

2 Answers | Asked in Family Law for Pennsylvania on
Q: My father received a letter from an attorney asking him to return items that are his to his ex.

The attorney sent a letter that states:

Dear Mr.___

I had an opportunity to meet with Ms. ____ regarding the outstanding property in your possession.

It is my understanding that you have the following items:

1. Kitchen table and four (4) chairs;

2.... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 6, 2022

There is not enough information here to properly answer this question, so an assumption of facts is necessary. The impression here is that the couple were never married, and one partner went to a lawyer to maneuver a return of various personal items from the asker's parent, the other party to... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can cps come into your home without permission?

I was in a psychiatric center for depression and when i was talking to the therapist they asked me if i had guns in my home and i said yes because my husband is a hunter. I had a 2 year old at home and when i was in the hospital, the therapist called cps on us and they came and checked our house.... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 5, 2022

Protecting children is popular, and what is popular is made legal. So, yes, CPS/ACS can enter the home and do anything they want.

https://www.nydailynews.com/opinion/ny-oped-violating-rights-in-the-name-of-protecting-children-20221018-j2ua4hye6racfb55xuedvkcvtq-story.html

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can I move out of state with the child if both parents signed a noterized custody agreement giving me custody

They gave me permission to make any and all decisions about the child.That the child lives with me and I make decisions regarding doctors, education etc

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jul 1, 2022

The signed and acknowledged agreement must do more than give "custody." It must specifically state that relocation is agreed upon, and to bolster its validity, the agreement should include a visitation plan for the stay-behind parent. There should also be a passport authority statement in... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Should an unwed mother file for sole custody as a preventative measure?

My friend and her boyfriend had a child (born in SC - just over a year old) and they have since broken up due to some domestic violence issues. He was arrested for possession of drugs and a weapon and is in jail waiting a trial date. My friend has moved back home to New York but has not been able... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 29, 2022

No. The mother's better course is to do nothing. If the father petitions, then the fights begin. The mother should not start a confrontation when one is not needed.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: Does 3 non consecutive weeks of vacation access for both parents mean 1 week time frames or 21 days as the parent wants

We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 29, 2022

We would need to see the order to determine exactly what the order says. If all it says is three non-consecutive weeks, then either parent can choose any three weeks, and conflicts resolution should be included in the order: priority in rotating years.

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1 Answer | Asked in Divorce for New York on
Q: My husband abandoned me seven years ago. II believe he is remarried. What should my course of action be?

I do not know where he resides. We do not own property together or have children.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 28, 2022

The asker must file for divorce. In the worst case, the asker may die, and her husband will inherit an intestate share of her property assuming the asker does not have a will. Even if the asker had a will, the husband could get his elective share of the asker's property. Saying there is no... Read more »

1 Answer | Asked in Divorce for New York on
Q: change of Venuer

I am disabled,live near acourthouse in the same NYS Unified Court system, different county, Dont drive 3hours of public transportation required NY subways mostly inaccesible

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 28, 2022

There is no question posed here. However, assuming the question has to do with how to change venue, the asker should retain counsel. The process involves filing a motion with the wrong court asking it to transfer the case to the correct court. Reasoning has to be "legal"; witnesses are... Read more »

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