Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kathryn Hilbush
1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: what wil happen if my child refuses to go to fathers on schedule date?

My 9 year ole daughters refuses to go to her fathers every other monday when it time to go. What will happen to myself, mom if I dont make her. I have already file to modify custody but of course that is 30 days away. Shes ready too talk to judge, but I know I have to wait for trial.

Kathryn Hilbush
Kathryn Hilbush answered on Jul 2, 2020

The court expects you to follow its orders. Your daughter is 9 years old and not in control- you are because you are an adult and you are her parent. Tell her she must follow the order. Do no say anything bad about the dad. If the judge is willing, she can have her say in 30 days. That's not... Read more »

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: My spouse filed for divorce almost two years ago and has been non compliant with court orders. Can it go into default?

He has outstanding support obligations and is in arrears for two children. If he filed for divorce and I have answered the complaint, at what point can it go into default?

Kathryn Hilbush
Kathryn Hilbush answered on Jun 27, 2020

Cases usually don't go into default. Upon occasion they may be terminated due to inactivity.

1 Answer | Asked in Family Law for Pennsylvania on
Q: Can I adopt my ex girlfriend's daughter if my ex girlfriend is now married to a man?

I am married to another woman and she is married to a man. There is no biological father in the picture.

Kathryn Hilbush
Kathryn Hilbush answered on Jun 27, 2020

I seriously doubt it. This is one of the strangest questions I've seen. If anyone were to adopt that child it would likely be the mother's husband, not an ex-boyfriend

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I still get half value of a vehicle after divorce?

My ex husband and I have been officially divorced for about 3 years. While we were married we purchased a newer vehicle together in both of our names. We chose not to fight over anything but he wanted the car. I signed my name off of the loan, but the registration and title was still under the both... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jun 27, 2020

It depends on exactly how you resolved the car issue in connection with the divorce. Was there a written settlement agreement? A court order concerning property distribution? The only way t know how you might proceed with this issue is to have a private consultation with an experienced family law... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: I owe over 10,000 in arrears and am going to be working to pay them off. Can I still be sent to jail in PA for

For owing that amount

Kathryn Hilbush
Kathryn Hilbush answered on Jun 27, 2020

Yes. If you start paying them off now, the likelihood of receiving a six month sentence is less, but I suggest that you make substantial payments, not ones of $10 a month. The courts like to see that someone is making the effort to satisfy their arrears.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: I filed for child support and they're asking me about my income but i don't have any. What do i do?

Since the virus has been going around its been hard to find a job.

Kathryn Hilbush
Kathryn Hilbush answered on Jun 23, 2020

Tell them exactly that - you don't have any. Be able to provide solid evidnece that you've been looking for work. Also, why aren't you receiving unemployment compensation? Don't try to answer me but that may be something they'll be interested in knowing.

1 Answer | Asked in Divorce for Pennsylvania on
Q: If my ex is cohabiting, will it affect alimony?

I have been paying alimony for over 15 years and my ex refuses to marry her boyfriend in fear of losing some alimony. She has been cohabiting for over 6 years though. I am in Pennsylvania, and wondered if I can lower my alimony payments. Our divorce decree states I pay $700 per month, unless she... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jun 23, 2020

It depends if your divorce decree includes cohabitation. If it does, then very possibly. If it doesn't, you should still consult with an experienced family la attorney, but from where I stand, it doesn't look hopeful based on what you've said.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Can I find out if I overpaid in arrears?

Paid arrears for 17 years for being approx 1 month behind. CP filed in March, court date and agreement reached in April of 2003. Case just closed but I don't believe I should have been paying arrears for that long. Can I get full History of payments?

Kathryn Hilbush
Kathryn Hilbush answered on Jun 23, 2020

Sure. Contract the county Domestic Relations Office which handled the case and ask what they need you to do in order to obtain an accounting of your payments. You may have to email them. It's hard to tell you what the process will be because it's likely their procedures have been... Read more »

1 Answer | Asked in Civil Rights and Family Law for Pennsylvania on
Q: Can I leave my house at 17 without permission? Or could I legally move out at 17 without parental consent?

I’m 2 months from turning 18, been had a stable job for 2 years now, and I can’t live here anymore, so am I able to leave without her permission

Kathryn Hilbush
Kathryn Hilbush answered on Jun 20, 2020

If she won't allow you to move out, I strongly suggest that you tough out the last two months before you turn 18.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Full custody of my son for 8 yrs he wants to live w mom now if she goes for support can I get back support for the 8 yrs

She lives in Georgia now but had no support/barely any contact for 8 yrs I had our son

Kathryn Hilbush
Kathryn Hilbush answered on May 28, 2020

Not likely. You should have filed while you had custody of him. The PA support rules do not allow retroactivity of support orders beyond the date of filing for support. If you failed to file for support because you didn't want her trying to come back into your son's life or if you... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Pennsylvania on
Q: If I put a pfa on my child’s father , who’s now incarcerated could I get in trouble for reaching out to him ?

It was a no contact order and I’m in the process of trying to have it withdrawn

Kathryn Hilbush
Kathryn Hilbush answered on May 25, 2020

No, not unless the PFA restricts you from contacting him. Ordinarily, the order only restricts the defendant from contacting the plaintiff, you.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Is violating the PA Governor's stay at home order sufficient grounds to file for full custody of children?

My wife and I have been separated for 7 months. She has been in a relationship with another man for over 9 months. We have two children and do not have a signed agreement for anything yet. It is all being put into the divorce agreement. My wife had not brought this other man around our children at... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Apr 25, 2020

It's hard to know. Many judges are not looking happily upon people who they think are trying to use the stay-at-home order to their advantage in custody cases. On the other hand, you can argue that she's endangering your children. Your best bet is to speak about your options with an... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: A friend daughter her father lives in Ny her mother lives in pa they have a court order should she vested him on lockdo

She dose not want to go there because of the virus she is 10

Kathryn Hilbush
Kathryn Hilbush answered on Apr 25, 2020

Her parents are going to have to work it out, maybe with the help of their lawyers. Court orders are supposed to be followed but there may be reasons why she shouldn't go to NY right now, but it will not be because she doesn't want to go. She's 10 and doesn't get to make that sort of choice.

1 Answer | Asked in Family Law for Pennsylvania on
Q: is there anything I can do about my granddaughter being abused?

Hi my name is Tammy and I have a granddaughter who is in an abusive home and I’ve contacted child services several times and it’s like they don’t care, the mom had her older son removed because she let him be abuse for 2yrs and did nothing about it, she got with my son and when child service... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Apr 20, 2020

It appears that you're anticipating that the mom will abuse your granddaughter, not that it's happening now. I suggest that your son consult with an experienced family law attorney to discuss filing a complaint for custody. Also, as an aside, please never post identifying information on... Read more »

1 Answer | Asked in Family Law and Adoption for Pennsylvania on
Q: Can I legally use my birth name 20 years after an adoption?

I feel that my identity was ripped from me from the age of 5 when this happened (20 years ago). I have multiple birth certificates and a SS card with my brithname on it. Would it be legal to use or would I have to go through the name change process?

Kathryn Hilbush
Kathryn Hilbush answered on Apr 16, 2020

If you were adopted and your name was changed as a result of that adoption, you'll need to go through the name change process to change your name to your birth name.

1 Answer | Asked in Family Law and Identity Theft for Pennsylvania on
Q: My ex-wife continued to collect and sign my ssi benefits for 10 months while I was incarcerated - what charges for her

What kind of charges can I file against her? She is now withholding my Stimulus Money because she also signed my name to her tax return and the bank account it was deposited into is hers. We have been seperated since Dec. 1, 2017.

Kathryn Hilbush
Kathryn Hilbush answered on Apr 16, 2020

My first question to you is - is she actually your ex-wife? Are you divorced? If so, and she did all this after your divorce, she's got some legal issues. If you're not actually divorced, she may claim that you instructed her to file a joint tax return. On the SSI checks, I'm... Read more »

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: I have decided to sign over my parental rights as my son will be adopted by the mothers husband.

They have agreed to this. What is the best first step?

Kathryn Hilbush
Kathryn Hilbush answered on Apr 15, 2020

They'll need to file paperwork with their county's Orphans' Court. You will sign a very specific agreement to voluntarily terminate your parental rights. They really should retain an attorney experienced in adoptions to shepherd the case through the system.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: My sons father and I have 50/50 custody but he has only seen him for 4 days since 2020 has began. Did he break the orde

My sons father and I have a court ordered agreement that states we have 50/50 custody but my sons father has only seen him for 4 days since 2020 has begun. Does that mean he broke the court order and does that give me enough reason to petition for a custody change. His father lives in another state... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Apr 14, 2020

He certainly didn't have him for 50% of the time so far this year according to your post, but without being able to actually read the order it would be difficult to know whether he"broke" the order. I suggest that you discuss the situation with an experienced family law attorney in... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can I petition the court for more child support/extension due to making no money during covid19 and my ex makes more?
Kathryn Hilbush
Kathryn Hilbush answered on Apr 12, 2020

Sure. Don't forget that, if you're receiving unemployment compensation, that will count as income. Assuming that your local Domestic Relations Office is closed to the public, you'll have to try to do it online. Try this link... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: In Pa. does child support lower after the eldest of 3 children turns 18 and graduates high school?

There are 3 children 14, 16, and 18. I was told by my attorney that the child support would remain the same amount even after the eldest child turned 18. I do not understand why my child support would not lower after graduation of the 18 year old. She is not attending any schooling after graduation.

Kathryn Hilbush
Kathryn Hilbush answered on Apr 12, 2020

You are entitled to obtain a second opinion about this issue, but you're to have to do it by way of an actual consultation with an attorney. During this shut-down, many attorneys are offering telephone and even video consultations. Often child comes off the order, the parents' financial... Read 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.