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Questions Answered by Kathryn Hilbush

1 Answer | Asked in Child Support for Pennsylvania on

Q: I was divorced in Colorado. Father has never pd support and son/child is no grown. I was afraid of ex and never pursued.

How would I begin to collect for arrears?

Kathryn Hilbush answered on May 18, 2019

I'd say fist contact the Domestic relations Office for the county where the order was entered and go from there. If the order was sent to another county or state for enforcement, they should have that information. If the case was closed, you may have to consider getting an attorney involved.

1 Answer | Asked in Child Custody for Pennsylvania on

Q: I was recently told that a child, younger than kindergarten age , can not stay overnight with the father?

the parents were never married and now are not together. the little girl is just turning 1 years old and been with the mother solely up until this point. the father also has a record when it comes to underage children that he needed to be supervised with his other daughters.

Kathryn Hilbush answered on May 18, 2019

It's not true that, as a general rule, young children may not stay overnight with their fathers. However, if either parent has a criminal or abuse history which suggests that he or she may pose a danger to the child, the court will likely order supervised visits.

1 Answer | Asked in Child Support for Pennsylvania on

Q: As custodial parent I didnt report a increase of hourly pay. Will I have to pay back money

Kathryn Hilbush answered on May 18, 2019

Probably not but there's no way to predict what the courts will do. Generally speaking, a modification of a support order does not become effective before the date until the request for modification was filed. However, as you apparently are aware, the support order requires all parties to promptly... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on

Q: How can I obtain court records from a custody case in Pennsylvania?

I only have the names of the two parents and the three children involved in the case and would like to access court documents of this case for free if possible.

Kathryn Hilbush answered on May 18, 2019

It depends on whether the records are sealed. You'll have to contact the court house for the county where the custody action occurred and inquire. I doubt that, if the records are not sealed, you'll be able to obtain copies at no cost. There will likely be a per page copying fee of at least $1.00.... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: My son (18) was kicked out the house with a few wks left to graduate. I live in NJ, can she legally do that before grad

He’s moving in with me once he graduates and she was informed of that. I really don’t want him missing any days of school and the trip from NJ to Easton is 1hr 20min away.

Kathryn Hilbush answered on May 14, 2019

His mother shouldn't have done that but if you want him to graduate you should do whatever is necessary to get him to school for the next few weeks.

1 Answer | Asked in Child Support for Pennsylvania on

Q: Paid mother in Md $2150 in child support by money orders and she acknowledged payment Before court order was in place.

Can I get child support credit for this money I gave her ? Wage attachment was ordered but it took Md 9 mos to put it in place. I have copies of the money orders with her signature and they state on the money order it is for child support. I also have the text messages saying she received this... Read more »

Kathryn Hilbush answered on May 10, 2019

Did your support order originate in PA? You may be able to solve your issues by contacting your local Domestic relations Office. The mother can also just advise whichever office is handling the support case in writing that you paid it and they can initiate giving you the appropriate credit.

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on

Q: How do I get custody of my granddaughters?

My two granddaughters have lived with me since they were born. Neither one of their fathers are present in their life. Their mother was living with me but she moved out in January 2019; leaving the two girls with me. They have not seen their mother since then and have had minimal contact by phone... Read more »

Kathryn Hilbush answered on May 10, 2019

You can also try filing without an attorney but you'd have to do some research to know what forms to file, probably at your county court house law library.

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1 Answer | Asked in Child Support for Pennsylvania on

Q: Can ex spouse ask for increased child support claiming said child has autism.

Oldest daughters child support ends soon. Ex wife is taking me to court to increase child support for our second child claiming she has autism. My oldest daughter is highly intelligent, independant, but has been subjected to parental alienation from my ex wife. My daughter no longer wants to see me... Read more »

Kathryn Hilbush answered on May 5, 2019

The courts don't side with mothers or fathers. There are support guidelines which to court must apply. The support guidelines are income-driven, not expense driven. Perhaps it would help you to sit down with an experienced family law attorney to discuss this situation

1 Answer | Asked in Family Law for Pennsylvania on

Q: A girl i was seeing is 5 months pregnant with my baby. Her parents,myself and the girl want me to relinquish rights.

All parties involved agree, and would like me to relinquish rights before the baby is born. How do i go about this?

Kathryn Hilbush answered on May 3, 2019

You cannot relinquish your rights to an unborn child. Further, after the child is born, it's unlikely that a court with approve you voluntarily terminating your parental rights unless the child is being adopted

1 Answer | Asked in Family Law and Child Support for Pennsylvania on

Q: Over a month ago, my granddaughter was thrown out of her mother's house, and her mother changed the locks on the doors.

She is now living with her father. Her mother never reported that the minor child is no longer living with her, and she is still collecting child support. Is this legal in the state of Pa. ? The father has filed full custody of his daughter.

Kathryn Hilbush answered on May 3, 2019

The father is probably following the better approach. He is going to first confirm that he has custody and then he can file to stop the support order. Sometimes parents take both actions simultaneously. I assume he is represented by experienced legal counsel and he should be following whatever... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: Can a mother keep father from seeing daughter if daughter was daignosed with ptsd due to a fight at the fathers home?

In September of 2018 a fight occurred between my fiance and I. The kids were upstairs and heard the commotion. The daughter of my fiance had stayed with mom a few weeks after because it upset her. From November to February visitation went as normal. We called to pick her up in February and the... Read more »

Kathryn Hilbush answered on May 3, 2019

Your fiance needs to consult an experienced family law attorney in person bout this situation. It is not one that can be resolved with a few bits of knowledge received from an internet question and answer site.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on

Q: Does my fiance have sole and physical custody in Pa too?

My fiance lives in Pa, with his daughter. My fiance and the childs grandmother had court in Maryland. Where she resides. To try and have custody of his daughter. The mother isn’t in the picture.

He was granted Sole and Physical custody in Maryland by the judge. This has been years since.... Read more »

Kathryn Hilbush answered on May 3, 2019

Your fiance should register his MD custody order in the PA county where he resides with the child. He may want to consult a local attorney experienced in family law for assistance if the local court house is not helpful.

1 Answer | Asked in Child Support for Pennsylvania on

Q: I receive child support biweekly Total monthly child support order is 511.00 but all i receive is 460.00. Why?

Does the state take 50.00?

Kathryn Hilbush answered on May 3, 2019

You should contact your local Domestic Relations Office about this. Just a bit of information - a monthly order of $511 may include an payment toward arrears of about $50. If the arrears have been paid, or never existed, that could be one explanation. Another bit of information is that monthly... Read more »

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on

Q: I’m not quite sure what my legal rights are so I’m not clear on what my next or should I say “first” step should entail.

First off...I am married. I married my husband Dave in 1999 and in 2009 we separated and I retained not court ordered “custody” of our three children. Two years into our separation I was pregnant by another man. This man did deny my daughter through my pregnancy but after the birth he did come... Read more »

Kathryn Hilbush answered on May 3, 2019

I agree with Attoney Hall. Your best bet is to schedule an appointment with an experienced family law attorney. My guess from reading what you've written so far is that you need this face to face meeting, not a response which cannot take into accounts all factors, which is what you'll get here.

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on

Q: Filing custody for my daughter. Can I file in county where I live or is it based off daughters primary address with ex?

My ex and I have been divorced for approx 10 years but never had a court ordered custody agreement done. My daughter is with my ex a majority of the time with me having her every other weekend. Based off recent fear of imminent danger to my daughter, I have filed and was approved for both the... Read more »

Kathryn Hilbush answered on May 3, 2019

I agree. You must file in York County.

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1 Answer | Asked in Family Law for Pennsylvania on

Q: My boyfriends 14 year old son was kicked out by his mother for not doing school work He is now here with me what do I do

Kathryn Hilbush answered on Apr 30, 2019

It would depend to some extent on whether there's a court order for custody or not and whether your boyfriend, his father, lives with you. Actually, he's the one who should be asking what he should do. He's the dad - he needs to do the legal legwork. Perhaps he could contact an experienced family... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: My son's child is being kept away from him. If he files for partial custody, how long would it take for it to go thru?

My grandson's mother continuously changes her phone number and has moved and not informed his dad where they moved too.

Kathryn Hilbush answered on Apr 30, 2019

It depends on whether he can locate her because he'll have to serve her with custody papers before he'll be able to obtain a court order. Then he'll be at the mercy of the court schedule as to when he can get into court. My understanding is that the Philadelphia courts are very backed up when it... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: Can I keep my ex new gf from being left alone with my son? She lost 2 kids due to drugs and drinking.

They both like to smoke weed. They have only been together 6-7 weeks. She has told our son she is moving in, her son is m out sons new brother, and she is marrying his daddy. The new gf had out sons dad file her son on his income taxes. She is on subs or whatever they are which I know can be good... Read more »

Kathryn Hilbush answered on Apr 20, 2019

Possibly, but you would probably do well to consult with an experienced family law attorney, even if all you do is have a consultation. The best I can tell, your ex is apparently moving this woman into his residence and you believe she may be a danger to your own child. I note that you say both... Read more »

1 Answer | Asked in Civil Litigation and Domestic Violence for Pennsylvania on

Q: If My children are a result of a relationship with an adulterous man, is the wife also responsible for child support?

My childs father lied about his martial status but he and his wife knew of his affair and he purposely impregnated me twice because she is no longer able to bear children

Kathryn Hilbush answered on Apr 19, 2019

No. The people responsible for the chidlren's support are their parents.

1 Answer | Asked in Child Support for Pennsylvania on

Q: If parents are divorced and mother has one child that lives with her and father has other child living with him.

Can the mother fight for child support ? If each parent has a child full time in Pennsylvania.

Kathryn Hilbush answered on Apr 19, 2019

Yes, either parent can file for child support. Child support in PA is determined by the parent's individual incomes and, in your case, then an adjustment will be made for the shared physical custody. In the end, the calculations strive to even out the incomes, including child support, to the... Read more »

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