Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Peter Christopher Lomtevas
1 Answer | Asked in Family Law for New York on
Q: When do you get an order after trial and decision in family court

Relocation trial ended in April 2023. Decision from Bench June 2023. Order to stay until school started which is in 2 days. No order provided yet. Do they serve it or do I have to pick it up?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023

We here are not clerks of court and cannot render opinions as to how to obtain court orders.

We here are also well aware of the enormous difficulty government has in keeping straight records in a court environment. Corners may have been cut. It may very well be that the judge's order...
View More

2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: What would be good evidence / exhibits to use in a child support trial?

Filed a petition for an upward modification of child support. Respondent tried to have the petition dismissed and was denied. Magistrate says child support order is eligible for upward modification. Even though my petition has been granted, still having a trial and need to provide evidence and... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023

The answer here is not as simple as providing a listing of good-to-have documents. We here do not know the nature of either party's employment (self or otherwise) and therefore have no idea what documents are necessary to prove a child support case for this asker.

What we can say...
View More

View More Answers

1 Answer | Asked in Child Support and Family Law for New York on
Q: Is there a time limit for NY magistrates to make a decision on motions ? (Motion to Vacate Default Child support Order)

At the hearing, magistrate reserved the case for decision, then nothing happened for almost 2 months now. I call the court every week and there is nothing released.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

Article 22 of the Civil Practice Law and Rules (CPLR) in §2219 requires a court to enter an order on motion on or before sixty days after submission of the motion. "Submission" means the motion, opposition, and any reply are filed, and the court says the motion is "submitted."... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: My partner is trying to divorce her ex husband. He has lived in WA for over a year with their son. Their other..

2 children live with her and I here in PA. PA doesn’t have jurisdiction over her son and WA doesn’t have jurisdiction over her daughters. How can a custody agreement be filed? Does it have to be filed separately for the son in WA and for the daughters here? Should we get an attorney?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023

This is an expensive mess. Ordinarily, both parties would file their divorce actions in each state and will serve each other in each other's state. Then, a motion for an interim order of custody gets filed in each state and each state's judge will hold a UCCJEA conference to determine... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's father move people into his home without notifying me?

My ex and his girlfriend recently moved his girlfriends parents into the home. Her father has Dementia and I am very concerned about him being around my child when she spends the night over there. People with dementia get confused easily and sometimes do things that are out of character or... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023

The daughters father can live with anyone he wants any time he wants as long as the child is not placed in imminent danger to life or health. Having a demented elderly parent is not a risk factor for a child, at least not without further information.

Hypothetically, if the elderly demented...
View More

View More Answers

1 Answer | Asked in Family Law for Pennsylvania on
Q: My son was told he is a father. The woman will not communicate or introduce the child to him. The baby was born 9/30/22

What is the next steps for him or me as a grandparent

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

The son can file for paternity (best to retain an attorney), and then be prepared to pay child support for eighteen years unless he litigates throughout. The asker will have difficulty in petitioning for grandparent visitation because the family statutes place the biological parents up front as... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: I am 17 and I have a daughter, I was looking to be emancipated in Pennsylvania

I provide all expenses for me and my daughter except for a house. My mother is making it extremely difficult for me to parent my daughter. I live in franklin county, pa, which said they do not recognize emancipation. Is there any way for me to bypass that?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2023

Pennsylvania is a very weird bird when it comes to minors (people under 18 years of age). Pennsylvania allows minors to file 'private petitions' and recognizes minors as having standing when they lost access to both parents. However, all courts treat minors as minors even though this... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: In NYS, would a judge allow my request to have my children dropped off by school bus for my parenting time on fridays?

My girlfriend and (soon to be ex) wife have engaged in physical altercations, she is not allowed on the property anymore for trying to run gf over and running car through her house, she is always trying to find an excuse to get out and hang around and be close to me and talk to me, she was given... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2023

A judge does not have jurisdiction over a school to enter an order to compel a bus driver to drop off a child to a parent. However, if the school has such a service, the asker is free to avail himself of that service consistent with the demands of the other parent. This certainly does not help the... View More

2 Answers | Asked in Divorce, Child Support and Family Law for New York on
Q: When do judges actually put people in jail for not paying child support?

I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2023

There are two kinds of jail inmates today: the ones who were convicted and sentenced to crimes, and young parents. We got that by voting carelessly.

Without an understanding of what the asker's arrearage actually is, we cannot offer an accurate answer, though that is not what the asker...
View More

View More Answers

1 Answer | Asked in Family Law and Child Support for New York on
Q: My son 21 had a Stem Cell Transplant for AML Leukemia was diagnosed at 18. Can he receive extended CS under new law.

Support stopped on his bday the day before being admitted to Memorial Sloan Kettering.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2023

There is a sweeping change to New York's child support law, but it applies to mental disabilities and only extends the age out to twenty six (26).

The new law amends the domestic relations law and the family court act to allow custodial parents or caregivers of children with...
View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: My son grandmother is taking me to court for arrears. It has been in arrears for around 15 years. And he just turned 33.

Do I have to pay her?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023

Assuming there was an order of support payable to the grandmother, then yes, arrears are due that grandmother no matter the age of the subject child. There is a twenty year statute of limitations for collections of arrears, so a fifteen year obligation is still due and owing.

If there was...
View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What steps should I take to file for divorce and custody in Ford City Pennsylvania.

I've been the only income for pretty much the whole 6 yr relationship. We have a 4yr old daughter. He's stayed home with her. And still refuses to get a job now that she's in headstart. And it's been nothing but emotional abuse and gaslighting. I have 3 son's from a... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2023

This by no means is a "better" answer than that of my colleague. This merely supplements to a small extent an already effective response.

The asker must retain counsel. One cannot possibly rely on the integrity, impartiality and independence of the Pennsylvania judiciary....
View More

View More Answers

1 Answer | Asked in Family Law and Child Custody on
Q: Can my girlfriend that lives with me but not married take our kids without convent and not say where she took them?

She took them did not notified me or answers my calls

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2023

The universal principle in effect is that absent a family/matrimonial court order of custody, the parents are free to go anywhere they want at any time they want. The owe an accounting to no one. However, once parents appear in a court to obtain an order of custody and visitation, then all the... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Is using a false address on a marriage license application enough to consider a marriage invalid in Lake County Ohio?

Both parties lived out of Ohio state as US citizens at the time of application but spouse listed a false former Lake County address on the application. Marriage ceremony took place in Lake County, OH. Provide Next Steps Please.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2022

We cannot provide legal advice and guidance here. Ohio does not require residency to marry. Outsiders simply file for a marriage license in the county where the ceremony will take place. Using an old address means nothing. Also, there are no easy outs. An error in providing pedigree information... View More

1 Answer | Asked in Family Law for New York on
Q: 1. Did NY have laws on the books in 1936 that would require a person be a resident of NY in order to be married in NY?

2. When was the 1936 marriage 3 day "gin law" passed, and would it have been enacted or enforceable?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2022

Certainly every state had residency requirements in 1936 as did New York. The law distributing marital property upon divorce was different than it is today, but residency was a factor in being able to marry.

Another factor of circumstance is that without an internet and computer record...
View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I have a pfa on my ex. What happens if I go out to a public place and he is there, do I leave or does he leave?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2022

In a world where everyone follows the law and court orders, the ex is supposed to leave so as to avoid triggering an arrest. However, more realistically, if the holder of the PFA sees the ex, she should think about avoiding the scene and leaving. This will protect the holder of the PFA from... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Georgia on
Q: If the defendant did not follow the instructions and objected to every question in discovery & interrogatories what I do

Civil Personal Injury

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 18, 2022

This question is eye-catching because of what could be a discovery ruse that government defendants always pull and always get away with before sympathetic judges. There is not enough information here to opine exactly as to what is happening, but reading between the lines is possible.

There...
View More

View More Answers

1 Answer | Asked in Family Law and Civil Litigation for Pennsylvania on
Q: What can I do if my wife has a PFA but we get back together? How does she drop it.she died from heroin and had change of

Heart still don't know if I can trust her..but it seems like she really wants to.....I don't know..help us put this behind us without anyone going to jail plz.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2022

Playing with government is playing with fire. Once the woman gets a protection from abuse order, the targeted man can be arrested at any time whether he behaves well or not with the woman. Either the woman can dial 911, or someone else who knows of the PFA can dial 911. The charge is contempt of... View More

2 Answers | Asked in Contracts, Family Law, Child Custody and Child Support for Pennsylvania on
Q: Child support PA: 3 kids with different women and I was ordered to pay 1k for my youngest. Do my other kids count?

I have a multi family child support case. I was ordered to pay 20% of my income for my youngest child. I asked for consideration of my other kids hearing master said I had to show proof of child support payments. How am I supposed to show proof if they are in my custody? I asked to show me proof... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2022

In this question, the asker is arguing with himself, and as such cannot get a cogent response from us.

In general terms, multiple orders of child support are not enough to offset one another. Typically, an order of support must be actually paid to count as a deduction against another order...
View More

View More Answers

1 Answer | Asked in Civil Rights, Family Law and Civil Litigation for New York on
Q: Is there any way around the statue of limitation in a case of a civil lawsuit?

I want to proceed with a lawsuit against the fostercare agency which represented me during my youth for civil rights violations, financial fraud, as well as theft of services,& emotional psychological distress.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2022

A tort statute is typically three years, but that is not the issue. The issue is whether the asker has standing to sue as a plaintiff against a foster care apparatus that included a family court. The answer will be no.

America's government creates problems for which they enact...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.