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Pennsylvania Family Law Questions & Answers
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 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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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 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 »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 31, 2022

If your dad has questions, he should contact her lawyer.

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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 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.

2 Answers | Asked in Estate Planning and Family Law for Pennsylvania on
Q: My grandfather left his house to me in his will ,so after the reading of the will can I change the locks on the house
Stephen M. Asbel
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Stephen M. Asbel
answered on Sep 28, 2022

The short answer is no. The house must pass through the estate administration. The executor must first ensure that your grandfather's debts, if any are addressed, that the administrative expenses of the estate are paid, and the required inheritance tax and any other tax obligations that may... Read more »

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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 Family Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: I asked a previous question regarding domestic violence and being kicked out of my home. I now live in my grandmothers

Home, that I cared for for years but had to go to a nursing home and she had a reverse mortgage on the home and is now in foreclosure and so I will need to find a place to live or buy the property at forclosure? Is that my only option?

David Kennedy Bifulco
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David Kennedy Bifulco PRO label
answered on Sep 6, 2022

There are specific rules regarding the purchase/repayment of the reverse mortgage by a family member. If the reason for the foreclosure is that your Grandmother is in a Nursing Home the contract should have provisions that cover this situation. It could be dependent on her status and whether it... Read more »

2 Answers | Asked in Estate Planning, Family Law and Probate for Pennsylvania on
Q: Who recieves money left in a checking account?

Father-In-Law passed away in December, there is only his wife (my mother-in law) and my wife (his daughter) surviving him. My Wife is the executor. There's no mention to where it goes in will. Only thing the will says is that the house is left to his wife (my mother in law) and that his... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 4, 2022

Under PA law, the appointed executor's duty is to implement the expressed intent of the testator, as expressed in the probated Will.

If an asset of the testator is not disposed or bequeathed by that Will, it is for the Court, not the Executor, to determine the testator's...
Read more »

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: What should I do once the pfa order against me expires today? My husband lied in order to obtain to begin with.
Mr. Ryan L Hyde
Mr. Ryan L Hyde
answered on Jun 16, 2022

I am not sure what you mean by your question. If the order has lapsed it no longer is in effect. Sounds like you still should avoid each other though.

1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Pennsylvania on
Q: I have power of attorney to someone.Who refuses to repay me?

I covered all thr expenses while they wer incarcerated including paying for power of attorney lawyer. They now are working and refuse to repay me

David Kennedy Bifulco
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David Kennedy Bifulco PRO label
answered on Jun 16, 2022

Without more information it is not possible to answer your question. You should contact an attorney that is experienced in collections and provide the attorney with all the details to get an answer to your questions.

1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: I want to keep my mom's home, she passed away in April, and there's a balance on her mortgage, how?

It has a 26 thousand dollars balance, can I keep it or do I have to sell it?

Stephen M. Asbel
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Stephen M. Asbel
answered on Jun 7, 2022

To fully answer your question would require additional information because whether or not you can keep the house will depend upon a number of factors. Are there other assets which can be used to pay off the mortgage? Are there other debts beside the mortgage which must be paid? Are there other... Read more »

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: In Pennsylvania, can you lock your husband out of the house for a night?

I am in a toxic situation. I'm dealing with mental abuse. I don't have the money to obtain an attorney to file for divorce. I need a night of peace and for him to calm down.

Karen  Ulmer
Karen Ulmer PRO label
answered on May 21, 2022

Until a court order is entered, the home belongs to both of you. If you lock him out, he is within his legal right to gain access. If you lock him out it may only elevate the mental abuse. If you can stay with a friend or family for a night that may be less confrontational. If he does anything to... Read more »

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: If there is unclaimed death benefits from my grandparents who died 28 years ago is it hard to claim

I am the only child of their only child and they have no siblings left alive. My father who was their only child died 20 years ago. They had no will.

Mark Scoblionko
Mark Scoblionko
answered on May 19, 2022

Your question is not specific enough to answer. What are “death benefits?” Is this life insurance, real estate, etc.?

As a general proposition, a portion of estate assets would ordinarily go from one grandparent to the other and a portion would have gone to your dad, unless your...
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1 Answer | Asked in Family Law for Pennsylvania on
Q: in the state of PA how can i get my moms belongings from her partner and he is not letting us in house
Richard Diamond
Richard Diamond
answered on Apr 7, 2022

Im sorry by I am a New Jersey family law attorney and cannot give you advice on how to address an issue involving a dispute in Penn. Please direct your inquiry to a Penn lawyer.

1 Answer | Asked in Family Law for Pennsylvania on
Q: Sibling and I are beneficiaries on grandmother's will.grandparents had custody of me. I want the house I live in.

My sister wants me to sell the house. She wants the money. I grew up in and have lived in this house for 20 plus years. My grandparents took custody of me because my mother left me with them as a child. I don't have the money to buy her out, but I want my house.

John B. Whalen, Jr.
John B. Whalen, Jr.
answered on Mar 30, 2022

… hello …

… from the information you have shared, that seems difficult … have you spoken to the Executor? …

John

1 Answer | Asked in Car Accidents, Family Law and Insurance Defense for Pennsylvania on
Q: i got into a car accident. my insurance is under my fathers name but my car is my name. who does the insurance money

go to. my father is keeping the money from me so i can’t get a new car. what do i do

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 7, 2022

You may or may not have left out some relevant facts but I will try to answer----if the insurance company is paying a property damage claim for the vehicle then it should pay the titled owner(s) of the vehicle.

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