Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Peter Christopher Lomtevas
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

1 Answer | Asked in Family Law for New York on
Q: My question is should I get my ex to sign something when I want my child on a certain date for a certain family event?

I live in NY

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

We really cannot tackle this question as we do not know whether the asker has a court order for custody or not. If the asker does, then we do not know what the order says: are modifications subject to reduction to a signed writing or not. If the order does not require signed writings, then possibly... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: I was seeking custody of granddaughter, paternal grandparents adopted her and my lawyer was not informed of this. In PA

Shouldn't my lawyer have been told about the adoption process and adoption?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2022

This is one of those questions that require too much decoding to properly answer. We do not know any of the procedural history of either the paternal grandparents or the maternal grandparents to opine on what one's lawyer should have known or not.

Ideally, the lawyer should have...
View More

1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: I’m appearing in a court hearing on a temporary PFA. If it’s quashed, can one spouse flee with the kid instead ?

My spouse brought a PFA case on me . We are under a temporary separation order. In the hearing we are all expecting the judge to quash the temp and allow us to live together in marital home.

After that, can one spouse refuse to live there and while leaving take the kid along with?... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2022

There is not enough factual information here. What was the misconduct alleged to have brought about the PFA and what if any proceedings are currently taking place? Assuming the worst allegations, no PFA will be denied and the parent with the child can make an attempt to abscond with the child. Most... View More

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I request a Lincoln Hearing on a custody modification petition appeal??

Father got full custody of children in August. I’m in the process of filing an appeal on that. Last month, I filed a custody modification due to ongoing reports of alleged abuse by the father. CPS was called by the ER and by the school. CPS worker blamed me for the calls and accused me of... View More

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

In New York, the appellate division's authority over custody of children is equal to that of either the Supreme or the Family Court. This means the appellate division can assign attorneys for the children, hold hearings, conferences and decide on both facts and law. The asker can request, and... View More

View More 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... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View 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... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View 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.... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: Is it illegal to run away from home at 16 without my parents permission in PA?

My parents are verbally abusive, and want to send me to a psych ward against my will. I don't believe that going into inpatient care is going to be the best option for me, but they don't care about my opinion. I believe the best option for me is to leave, as my parents won't let me... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

Pennsylvania justice is similar to that of a farmer leading his cattle to slaughter. The reach of justice is beyond belief, and only good voting will fix the problem.

Pennsylvania has a legal fishing net known as a dependency proceeding. This is an aberration of a process that lassos...
View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: When is child support end In new York state I'm in buffalo ny .

My son is 19 basically working full time and pays his mother rent to live in her house ? Should I really be paying child support?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

Yes. The cockamamie federal laws regarding child support were taken to the maximum in New York with a 21-year age out, and the burden of proof of the adult child's emancipation is on the non-custodial father. Voting carelessly carries enormous ramifications.

To undo child support with...
View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: I have been paying child support to NYS foster care for my adopted son from China. NYS has laws that allow the child to

be funded until the age of 21. I gave up my son voluntarily after a year from adoption at the age of 13.5 years because he told me he could not stop attacking me. He has reactive attachment disorder (RAD).

I am 65 and want to retire, but I have another year until August 2025. Is there any... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

We are not a repository of arguments that we can craft for general purposes. We know nothing of the case beyond the facts provided that a person adopted a child and gave him up to the foster care apparatus and continues to pay child support to that apparatus. We do not know if this support is... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: Been separated from my wife since 2020 Decided to get a divorce recently.

We got married in Texas where I was stationed. But we both live in Pa. So question is where would I file the divorce paperwork, in Pa or Texas?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

The question is too vague. We are not told how long the asker's residency was in either state to determine whether either state has jurisdiction to hear the divorce action.

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.