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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Child Support for Pennsylvania on
Q: If my parental rights were terminated and the child was being adopted, am I still responsible for new child support pay?

Mother has full custody, my rights were involuntary terminated and the child was entering a new family unit with a family member who desired to adopted the child.

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 19, 2022

If your parental rights were actually terminated in an Orphans Court proceeding, then you are no longer legally the child's father and would not be responsible for child support after the parental rights termination. You would still be responsible for paying any arrears owed in support prior... Read more »

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: What is a good argument for reduced child support due to fixed income and permanent disability?

The child support formula being paid is mathematically impossible to pay. Living on a fixed income, “life” happens (unexpected vet/medical bills, etc.) and ex is very litigious, which requires retaining and paying lawyers constantly.

On a fixed income, it is impossible to pay off new... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

First you need to understand that the PA Support Guidelines do not take into account the multiple issues you raise. Your housing costs, credit card bills, unexpected expenses, etc. are generally not relevant. You may be able to convince a hearing officer/judge to deviate from the Guidelines but... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I have a home with 30 % equity and wanted to give the house to my wife when I file for divorce

I just wanted to get out without needing any of the 30% equity. My wife can afford the mortgage payment, do we have to refinance to remove my name from the mortgage and title?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

I can't answer to the wisdom of either of you agreeing to this settlement but I will tell you that, if the mortgage is not taken out of your name, you will continue to be responsible for it regardless of whose name the deed is in. It would be wise to discuss your proposal with a local attorney... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Custody agreement question in Pennsylvania.

If there is an agreement, and both parents decide to make changes to it, and follow this for a year, can one parent deide suddenly to go back to the original order because a petition was filed for a modification?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

Yes because a court order also overrides an agreement. However, you can always attempt to present the agreement to the court as evidence of what the two of you had been doing.

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Is it possible to file for custody while pregnant?

I am pregnant with my first child and ended things with the father. I asked if we could come to an agreement between the two of us vs going to courts and he is now threatening to go for custody. He cannot take care of himself, he does not support himself. He lives at home with his parents and blows... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 14, 2022

No, you cannot file for custody until after the baby is born. You're lucky that his mother is supportive of you. She can be your greatest ally if you make sure that she sees her new grandbaby. I suggest that you consult with a local family law attorney for guidance.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Hello. I married someone from Sweden around 25 years ago. She is from Sweden. She stayed in the US for barely a year

I married my spouse in New York. She is originally from Sweden. She stayed in NY for less than a year and then went back to her country. Haven't heard from her since. There was no drama between us and no malice (as far as I am concerned). I live in Pennsylvania now and ready to move on with my... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on May 21, 2022

"Uncontested" is not a type of divorce in PA. There are fault and no-fault divorces. One can become uncontested if the other person doesn't object after having been served the appropriate paperwork. I wonder if you're using online forms provided by an online company for a fee?... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: need help with foster care

Hi, We are senior grandparents to a drug dependent daughter and a father of our three grandchildren ages 5, 8, and 11. Youth service will not allow the children to be with their parents unsupervised. The children live with us and are cared for by us. Being both seniors we are on a fixed income... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on May 19, 2022

You can file a child support complaint against both parents. It might be helpful to you to first discuss the matter with an experienced family law attorney in your county, who can explain the process to you but, in the end, this is a case you can pursue on your own if need be.

1 Answer | Asked in Adoption for Pennsylvania on
Q: My childrens father is deceased. How would my spouse go about adopting them?

Father passed away last year, my spouse wants to legally adopt them as they have been in my childrens life since day one and they know them as a parent. We would also like all of our last names to match. How would we get this done?

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 26, 2022

You can file for a stepparent adoption. You should consult with a local attorney familiar with adoption procedure in your county as, while the state rules are consistent, each county has it's own ways of doing things.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My ex husband is asking me for my covid 19 results, is that against my HIPPA rights?

I was exposed to covid at work and had to take a test. My test came back negative and now my husband is asking me for the results. Do I have to show my ex husband my results, since we co patent our 6 yr old son? Or is that against my HIPPA right ? We live in PA.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 19, 2021

You can waive your HIPPA rights and I see no reason why you wouldn't want to share your negative test results with your child's father with whom you co-parent.

1 Answer | Asked in Child Custody and Domestic Violence for Pennsylvania on
Q: Can my ex use the fact my boyfriend and I had PFAs on eachother to not allow child around him?

We lived together for 4 years and her father hated that my bf was there when he wasn’t around. A few days before Christmas we got in a heated argument over money and expanding our family. Since my daughters father fails at paying support on time financially it was straining us to begin our lives.... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 19, 2021

You really need to consult with an attorney and probably a therapist as well. It is difficult to understand why you would still be with someone who said those things to you. Whether the judge will determine that the boyfriend shouldn't be around your daughter, I can't know but I would... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: i receive child support and on the website it states he is decertified from federal intercept what does that mean?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 17, 2021

While I'm not familiar with the actual term, it seems pretty clear that the amount of arrears that he owes on the support order has either reached zero or is at least below the amount which would subject any federal income tax refund he is entitled to receive from being intercepted to pay the... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: Do you need to be married for a very length of time to split assets like savings, and 401k?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 16, 2021

No. The proportion of the division of assets may be different for a very short marriage but the general rule is that if the asset was acquired during the marriage, it's divisible between the parties.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: I took less child support then what was estimated can I go back for the difference if I'm still struggling

I was told $276 a week but agreed on $200 but I'm still struggling to support my son how soon can I go back to request the full amount

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 16, 2021

You can go back to ask for more based on the support guidelines. There's no time frame before which you can't file but I would expect that you would have waited at least a month or more

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Do I have to pay for my ex-girlfriends attorney in a child support case I'm being ordered to pay the attorney directly

The judge has ordered me to pay my ex girlfriends attorney directly . Not through the clerk of courts but to the attorney directly. I don't understand how I am responsible for his fees

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 16, 2021

If the judge ordered you to pay, then you pay. Always do what a judge orders you to do. I can't guess why the judge ordered you to pay her attorney, but I would imagine the judge said why when the order was entered.,

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: what wil happen if my child refuses to go to fathers on schedule date?

My 9 year ole daughters refuses to go to her fathers every other monday when it time to go. What will happen to myself, mom if I dont make her. I have already file to modify custody but of course that is 30 days away. Shes ready too talk to judge, but I know I have to wait for trial.

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 2, 2020

The court expects you to follow its orders. Your daughter is 9 years old and not in control- you are because you are an adult and you are her parent. Tell her she must follow the order. Do no say anything bad about the dad. If the judge is willing, she can have her say in 30 days. That's not... Read more »

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: My spouse filed for divorce almost two years ago and has been non compliant with court orders. Can it go into default?

He has outstanding support obligations and is in arrears for two children. If he filed for divorce and I have answered the complaint, at what point can it go into default?

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 27, 2020

Cases usually don't go into default. Upon occasion they may be terminated due to inactivity.

1 Answer | Asked in Family Law for Pennsylvania on
Q: Can I adopt my ex girlfriend's daughter if my ex girlfriend is now married to a man?

I am married to another woman and she is married to a man. There is no biological father in the picture.

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 27, 2020

I seriously doubt it. This is one of the strangest questions I've seen. If anyone were to adopt that child it would likely be the mother's husband, not an ex-boyfriend

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I still get half value of a vehicle after divorce?

My ex husband and I have been officially divorced for about 3 years. While we were married we purchased a newer vehicle together in both of our names. We chose not to fight over anything but he wanted the car. I signed my name off of the loan, but the registration and title was still under the both... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 27, 2020

It depends on exactly how you resolved the car issue in connection with the divorce. Was there a written settlement agreement? A court order concerning property distribution? The only way t know how you might proceed with this issue is to have a private consultation with an experienced family law... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: I owe over 10,000 in arrears and am going to be working to pay them off. Can I still be sent to jail in PA for

For owing that amount

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 27, 2020

Yes. If you start paying them off now, the likelihood of receiving a six month sentence is less, but I suggest that you make substantial payments, not ones of $10 a month. The courts like to see that someone is making the effort to satisfy their arrears.

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