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Questions Answered by Peter Christopher Lomtevas
1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: My ex lives in TX & filed for child support. I'm in PA. I received mail from Domestics.

I know she filed some time ago but I wasn't working at the time. I just started working recently. Post office left a pink slip for me to pick up and sign for mail from Domestic Relations. If I don't sign and it's returned undeliverable, what happens? The mailing address is one that... View More

Peter Christopher Lomtevas
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answered on Mar 10, 2024

There are numerous and serious misunderstandings about what child support is and isn't. This response will be too brief to fully explain this conjecture. We will try as much as we can.

The first major misconception is that joblessness is no defense against child support. A prisoner...
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2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: Can I sue after divorce?

I am married, I work and purchased the house alone, I pay all the bills, and also take care of the kids. My wife works and contributed nothing towards the bills, she does not share her tax refund. After divorce and she is rewarded what ever the court decides, can I sue her after for loss and... View More

Peter Christopher Lomtevas
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answered on Mar 10, 2024

Certainly not. There is no cause of action referred to as a post-divorce suit for damages. This means the time to plan for an economically successful marriage is before the marriage happens. We Americans appear to almost always choose the wrong marital partner, and we also place heavy emphasis that... View More

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1 Answer | Asked in Divorce for Pennsylvania on
Q: Is anyone able to answer please?

My husband filed a divorce in October 2023. In December, I opened a PFA case against him. I have been granted 3-year protection to stay in our home, which is supposed to be owned by my husband after the divorce. However, his lawyer is pushing me for a divorce with unacceptable financial terms. Will... View More

Peter Christopher Lomtevas
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answered on Feb 24, 2024

There is not enough information here to answer this question. Pennsylvania is an awful state to go to court in and especially in the case of family court, outcomes are never based on operative facts. Pennsylvania courts operate on assumptions and policies, and decisions precede the making of... View More

1 Answer | Asked in Criminal Law on
Q: During my trial my attorney didn't challenge conflicting testimonies from officers when both officers stated that they

Both activated the emergency lights at two different times. Also when the officer who wrote the police report testified that I was speeding around 50-70 mph with 70 being the top speed but his report stated I was doing 100+. Also during my motion to suppress hearing the officer testified that he... View More

Peter Christopher Lomtevas
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answered on Feb 24, 2024

The contents of this narrative that seeks whether the asker can claim ineffective assistance of counsel leads us to say that no, the asker cannot succeed in such a claim. There is more than one reason why.

First and foremost, a plea negates an appeal where the asker can claim ineffective...
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1 Answer | Asked in Divorce and Family Law for New York on
Q: Help regarding divroce case

I filled my divroce case 08/18/2023 so today i see update in e court website apperance date is 01/12/2023

Court date purpose : Uncontested Matrimonial-Initial Submission

Fully Virtual : No

Court Date Type : Administrative

What that mean please help me to... View More

Peter Christopher Lomtevas
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answered on Feb 24, 2024

We attorneys understand without a doubt that New York's economy is severely challenged, and that the public's ability to retain attorneys to represent them in divorces is equally challenged. We do the best we can within the constraints imposed upon us by numerous ethical rules, but we... View More

1 Answer | Asked in Family Law for New York on
Q: Family Court in Kings County, Brooklyn - adjourned but dates still on calendar - valid?

Family Court in Kings County, Brooklyn - our case was adjourned but we haven't chosen new dates yet with the clerk and opposing counsel. However, our previous dates are still on the docket. Are those dates valid?

Peter Christopher Lomtevas
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answered on Feb 19, 2024

The asker must await the adjourned date which the court will provide in a scheduling notice. Otherwise, we here do not know of any "previous" dates on a calendar, and cannot comment on what the asker must do as to those dates.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

Peter Christopher Lomtevas
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answered on Feb 19, 2024

We here cannot second guess another lawyer's advice. If the asker was told by another lawyer that an enforcement petition was the way to catch up with payments under a new order, then that is the advice the asker got and should go with.

We here have no idea of the operative facts in...
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1 Answer | Asked in Child Custody and Family Law for New York on
Q: one parent moved out of state (New York) before the custody filing. How does this affect any custody arraignments?

How does one parent request a home study of one parent living outside of New York if it's suspected that the living arrangements are unacceptable and there may be child to child abuse?

Peter Christopher Lomtevas
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answered on Feb 16, 2024

There is not enough information here to cogently answer this question. We are not told when the child left state #1 to state #2. We are not told which of the two states the custody filing occurred.

The duration of the child's absence from a state makes all the difference to the success...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I'm in the process of going to court and asking permission to move out of state with my daughter.

What do I need to show that moving is in her best interest?

Peter Christopher Lomtevas
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answered on Feb 14, 2024

We by no means can provide legal advice in particular cases. We are not the attorney for the asker and we know none of the facts. The New York court system is not an apparatus where one pushes a button and gets results as is the case, for example, in Pennsylvania. We here are an educational medium... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: How does a judge know if crossmotions i was “served in hand” in court by opposing counsel, match the filings w/clerk?

I’m a pro se litigant in what seems to be a black hole of judicial laziness and systemic coercive control. Opposing party narration of “monster-mom” by my ex/his counsel/AFC; with ongoing slanderous lies against me &not a shred of “evidence”(doesn’t exist).i reside in PA;... View More

Peter Christopher Lomtevas
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answered on Feb 13, 2024

The biggest mistake a litigant can make in a modern court of law is to fail to retain an attorney for her case. If not for the filings and trial, the pro se litigant requires an education in the folkways and mores of the modern American court.

This question highlights the naivety of the pro...
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1 Answer | Asked in Family Law and Child Support for New York on
Q: Why am I paying ex girlfriend lawyer fees... I wasn't married to her. Feel I'm not responsible to pay for her choice.

I pay court ordered child support. The court is taking half my Check every 2 weeks. I can't afford to survive anymore. Since they have been taking out My Ex's lawyer fees. I work 40 hours a week. Get paid every 2 weeks. Now since they take half my check...I make roughly 400 a week. I... View More

Peter Christopher Lomtevas
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answered on Feb 13, 2024

It is not clear which state this question arises from, Florida or New York. Florida has two sanctions provisions that allow for counsel fees: as a need and as a sanction. If the basis is the custodial parent's need, then the court is bound to consider the non-custodial parent's ability to... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: My in laws own the house do I have any claim on it after living there for 5 years?
Peter Christopher Lomtevas
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answered on Feb 7, 2024

With such little information, we must fill in many gaps. We assume a divorce action with the asker a spouse residing with the other spouse in the subject home. We are told that "in-laws" own the home and we are not told anything about whether the spouses paid anything toward the purchase... View More

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Scorned Mother lingers around making kid cry at custody pickup, what to do?

Every time I pick up my child, my son is crying and is reluctant to get in my vehicle. He loves being with me but mother is a “scorned woman” always trying to interfere and my son has already told me how “once he gets older he can choose who to be with” which is an idea implanted by mother.... View More

Peter Christopher Lomtevas
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answered on Feb 7, 2024

It is not clear as to whether this is a New York parent's question or a Pennsylvania parent's question. The laws of the two adjoining states is vastly different, and therefore outcomes are vastly different. Some elements are identical though.

In both states, as can be expected, no...
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1 Answer | Asked in Estate Planning, Family Law and Personal Injury for Pennsylvania on
Q: Need help. My babies were put in kinship, across state lines, with their uncle who broke fiduciary oaths..

After my fiancee was killed ($250,000 wrongful death payout cannot currently be accounted for), his brother used loopholes to take all of my family's assets, sabotage a CPS case, and then have my (1 and 3 year old babies) placed in his custody. Vehicles he sued me out of led to lost... View More

Peter Christopher Lomtevas
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answered on Feb 5, 2024

In Pennsylvania, there are very many judicial tricks one can pull to deprive a loved one of money, property and family. Using certain words that trigger judicial reaction based on a policy or an assumption about the public will work wonders. The simple act of filing petitions and not serving the... View More

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: Can I deny a child protective service worker access to my home during an unannounced home visit?

Do they need a court order to enter my home? Do they need a court order to speak with myself, my spouse, or my children? Can I refuse to speak without a lawyer present? I want to know my rights as a parent if I am falsely accused of harm or neglect and I have to interact with child protective... View More

Peter Christopher Lomtevas
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answered on Jan 30, 2024

The Geheime Staatspolizei, abbreviated "Gestapo," was the official secret police of Nazi Germany and in German-occupied Europe. This force was created by Hermann Göring in 1933 by combining the various political police agencies of Prussia into one organization. In today's United... View More

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Pennsylvania on
Q: custody, bucks co. PA what pleading should i file after custody hearing officer's recommendation before it becomes order

we had signed agreement in Aug, 2021 for shared custody in bucks co, pa. My ex filed emergency petition to modify based on false allegations ( i have a proof). We had custody officer hearing , did not agree and i asked to see the judge. we saw the judge , it was also called conference. I did not... View More

Peter Christopher Lomtevas
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answered on Jan 30, 2024

Pennsylvania family law cloaks the process to make it appear fair, equitable and just. Nothing is farther from the truth.

Family law structures custody proceedings to occur before an under-judge called a "conciliator." This is mediation ordered to have the parents reach a...
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2 Answers | Asked in Child Custody and Family Law for New York on
Q: Fighting for paternity. Mother of .my child had another man sign the birth certificate

She had another man who is in no way possible the father of my child sign the birth certificate. I've filed for custody but im not sure what to expect. She's also married to someone else.

Peter Christopher Lomtevas
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answered on Jan 30, 2024

The use of the word "fight" is not correct; the proper word to use is "navigate" hostile waters that often sink a case in a whirlpool.

The asker must file a paternity petition in his county's family court (Broome County if the child is also residing in Endicott, New...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I record my virtual visitation in PA without the other parents consent?

The mother is telling me I don't have her consent and won't let me talk to them if I am recording. This is because she has been warned to not interrupt in the order. But now is trying to hide behind the wire tap law in PA. She is still interrupting but doesn't want me to have evidence of it.

Peter Christopher Lomtevas
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answered on Jan 28, 2024

The general philosophy in any Pennsylvania legislation is that people are always treated like cattle being led off to slaughter.

As to the central issue in this question, Pennsylvania recording law provides that it is a two-party consent state. In Pennsylvania, it is a criminal offense to...
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2 Answers | Asked in Family Law and Child Support for New York on
Q: If my daughter has moved out of home at 18, not enrolled in college as yet can I lose child support

My daughter was enrolled in college, however, she dropped out of school, moved to another state and is currently waiting to see if she can transfer to another school within that state. My ex has just informed me that he is stopping child support , until a new agreement is in place.

Is he... View More

Peter Christopher Lomtevas
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answered on Jan 28, 2024

We must assume that there is a court ordered child support payment going to the asker who is the custodial parent. It appears the non-custodial parent wants to terminate child support because the child moved out of the asker's home. Can he is the question.

There is no simple answer....
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2 Answers | Asked in Criminal Law, Family Law, Federal Crimes and Libel & Slander for Pennsylvania on
Q: I have been physically, mentally, and spiritually abused. By The WHOLE COUNTY and the Deb Moore project. I believe it is

Blair county prison,officials,p.o.,D.A. pd office and it ranges from psyical to verbal abuse.

Peter Christopher Lomtevas
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answered on Jan 30, 2024

This question is difficult to respond to because there are no facts supporting the conclusory statements. However, it is clear the asker is enduring attacks by government which she finds unpleasant and enduring. The government organ of which she writes appears to be a county prison.

It...
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