Kathryn Hilbush's answer There's no way to answer your question without knowing quite bit more about your situation. PA is no a community property state. It is an equitable distribution state, so., whereas in a community property state you can pretty much count on 50%, in an equitable distribution state there are many factors that go into the decision as to what the property division should be. Your best bet is to sit down for a consultation with an experienced family law attorney on your area to discuss the details...
Kathryn Hilbush's answer File a complaint for support. A conference will be held. If no agreement, then a hearing before a master. If one or both parties disagree with the decision, n appeal for a hearing before a judge is filed. Each county has it's own procedures that may slightly impact this basic procedure.
Kathryn Hilbush's answer Sounds pretty strange. I suggest that you get an experienced family law attorney involved although I'm concerned because it sounds like an order has already been entered against you. If so, check the order to find out if your appeal period has expired yet.
Kathryn Hilbush's answer Somehow, even though your location is shown as being in NC and you're asking about NY support laws, the question ended up with the PA attorneys. I suggest that you try posting it again.
Kathryn Hilbush's answer The child's father has legal rights to your daughter that are greater than your boyfriend's, even if the father isn't much of one. I suggest that you sit down with an experienced family law attorney in your re to discuss your case in detail and to learn what options you have based on your circumstances.
Kathryn Hilbush's answer You should have brought up the fact that you were living together with the children at the time of the support hearing. If there hasn't been a hearing yet, then you can bring it up at that time.
Kathryn Hilbush's answer The attorneys on this site are not supposed to solicit clients. I suggest that you do an internet search for free or low cost legal services in the Philadelphia area. I'm sure you'll be able to find several organizations that can assist you in some way.
Kathryn Hilbush's answer The PA law requires you to either obtain the written consent of the other parent to your proposed relocation or to go to court for approval. You should consider consulting with an experienced family law attorney in your area to learn the procedural details because the process is very specific and rather complicated.
Kathryn Hilbush's answer I'm responding from the standpoint of an attorney licensed to practice in PA, not NC. You have the right to contact her attorney. She may direct the attorney not to speak with you. If you make a nuisance of yourself the attorney may cut you off or restrict your communications to written ones. Your ex is trying to avoid having you run up her legal fees.
Kathryn Hilbush's answer You probably could have just searched for this yourself. Read this article. It will give you all the answers you need. Short version answer - he probably doesn't have anything that he can play in court.
Kathryn Hilbush's answer If he's not current on his support obligation, you should definitely take him back to court for failure to comply/contempt. If he's paying his support every month, and he's also paying at least an additional 10% of the order to reduce the arrears, it may be more difficult to get any where in court but I say talk to your Domestic Relations Office to see if they's assist you. In some counties, they'll freeze bank accounts if the arrears are high enough, even with the additional 10% being paid...
Kathryn Hilbush's answer If your support order doesn't already address this issue, which it apparently does not, you can discuss with the other parent sharing the uncovered cost in the same percentages as you share other medical expenses. If the other parent doesn't want to agree to pay, you may have to go back to court to have it decided there. Also, note that if you want the other parent to pay, he/she has the right to discuss the need for braces with the dentist/orthodontist and even take your child for a second...
Kathryn Hilbush's answer You asked this question on another website and I answered. My answer here will be the same: Did you have an attorney represent you during the divorce? if so, then contact the attorney for assistance now. If not, that's likely how you got in this situation because we generally consider this type of issue when writing up the settlement agreement. You should consult with a local attorney experienced in family law. Perhaps your ex will respond to a letter from an attorney.
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.