Questions Answered by Kathryn Hilbush

Q: If PFA expires on 04/20/18 will defendant be allowed back to normal activity as of THAT DAY or the day after?

1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Answered on Apr 19, 2018
Kathryn Hilbush's answer
If this is a question about a PFA in CT, I can't answer it because it somehow ended up going out to the PA attorneys. That's a good question and, frankly, I wouldn't advise a client to take any action contrary to the PFA until after 4/20/18. That one day matters little when compared to a possible misunderstanding of the expiration date and a possible arrest for contempt, even if ultimately proven to be in error. I strongly urge you to discuss your overall situation with an experienced family...
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Q: Is a marriage legal if a previous spouse has not been served divorce papers? What should the previous spouse do?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Apr 19, 2018
Kathryn Hilbush's answer
She should have been served divorce papers although, even now, there are probably ways to circumvent the process. I don't practice in either Texas or North Carolina and so can't give you advice about the laws and procedures in either state. What I would generally suggest is that you check the court dockets for every county in both states where he resided to see if either your daughter's or his name comes up. If neither does, then see if there's any way to acquire a copy of his marriage license...
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Q: What happens if neither party shows up for a child support hearing ?

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Answered on Apr 19, 2018
Kathryn Hilbush's answer
I can't say for Philadelphia County but usually in Delaware County the case is dismissed.
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Q: I live in PA (berks) I want to move to FL and I had kids out of wed lock. Do I need a permission from their dad to move?

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Apr 19, 2018
Kathryn Hilbush's answer
Actually, whether or not there's an existing custody order, you'll want to either notify the father according to the court rules and obtain his permission or request the court for permission because, if you relocate the children to Florida and the father objects, he can raise the issue before the court. If there is an existing court order, he'll likely file a petition to require you to return the children to PA pending the outcome of a custody trial. If there is no existing court order, he can...
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Q: PA. my mom passed, no will,She owned a home (no mortgage). Survivors -my sister and me. We want to sell, can we

2 Answers | Asked in Estate Planning and Family Law for Pennsylvania on
Answered on Apr 19, 2018
Kathryn Hilbush's answer
I agree with my colleague's advice. Once you open the estate, the house will be able to be listed for sale.
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Q: My daughter and son in law have been married for 7 years. He is on ssi and is bi polar. They have 2 children.

1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Answered on Apr 16, 2018
Kathryn Hilbush's answer
None. They're his benefits.
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Q: My daughter's father is expecting another child with his fiance. Should I anticipate my support amount going down?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Apr 15, 2018
Kathryn Hilbush's answer
Not necessarily. The support rules say that, as long as his basic child support obligations for all children equal 50% or less of his monthly net income, no adjustment i your order will be made.
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Q: Getting full custody of children

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Apr 15, 2018
Kathryn Hilbush's answer
You should file in Delaware County if you've been living there for at least six months.
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Q: I live in Pa in i want to know can someone put there child out at 18 and he don't know how to fin for his self ?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Apr 15, 2018
Kathryn Hilbush's answer
Parents are not obligated by law to provide for their children once they become adults at the age of 18.
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Q: Change of jurisdiction to Federal Court for Divorce invl Swiss native?

1 Answer | Asked in Divorce, Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Answered on Apr 13, 2018
Kathryn Hilbush's answer
This matter is far too complicated for anyone on this site to offer you suggestions as to how to proceed. If you do not already have an attorney representing you, then please consult with an experienced family law attorney in your area. Someone needs to sit down with you and review everything that's already occurred before offering advice and options. If you do have representation, then I would expect that you will discuss your concerns with him or her because your counsel has far more...
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Q: Is the plaintiff allowed to sit at home and collect child support without working?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Apr 12, 2018
Kathryn Hilbush's answer
I assume you've raised this issue in support court before. If not, then it's time to do so. Or perhaps your child is older now and the court might view her unemployment differently than before. I suggest that you consult in person with an experienced family law attorney in your area to discuss your options. It's not as easy to argue an earning capacity case in court as it might appear to you.
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Q: im 15 what do i have to do to move with my dad because of verbal abuse from step dad and mom

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Apr 12, 2018
Kathryn Hilbush's answer
I'm sorry you and your mom and stepdad have been having trouble. I don't know if there's a custody order stating that you are to live with your mom. If so, then your dad will have to file in court to modify that order unless he and your mom can work it out.
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Q: What happens if the plaintiff lies on child support papers?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Apr 12, 2018
Kathryn Hilbush's answer
Usually the Domestic Relations Office already has the information on hand about someone's receipt of cash assistance. If a person is receiving food stamps, medical assistance, or other benefits through DPW, but not cash assistance, it generally isn't relevant to the support case. If you have a concern about this, contact the Domestic relations caseworker to discuss what, if anything, needs to be done.
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Q: My child’s father hasn’t paid support in 6 weeks. Will the over all balance be paid to me in full? PA

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Apr 12, 2018
Kathryn Hilbush's answer
Probably not. You should contact your caseworker at Domestic Relations and ask that the the case be listed for a contempt hearing.
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Q: My son wants 2 live with his dad over summer. Could his dad file for child support? I have custody and he already pays.

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Apr 12, 2018
Kathryn Hilbush's answer
Yes, he could. Typically the court doe not award support for a short term custodial period because the primary custodial parent still has to maintain basic housing for the child while he's with the other parent. However, if he makes support an issue, you can always make an outside agreement with the father to send back to him directly some of the child support while he's feeding, clothing, etc. your son during the summer. That's not required by the law, however. It's just a thought as to one...
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Q: Do I file bankruptcy?

1 Answer | Asked in Banking, Bankruptcy and Divorce for Pennsylvania on
Answered on Apr 12, 2018
Kathryn Hilbush's answer
If you have an attorney for your divorce, discuss this with her/him. When a bankruptcy action is filed, it places an automatic stay on all state court actions. That means that the PA court cannot proceed in your divorce action until either the bankruptcy has been completed or dismissed, or the bankruptcy court lifts it's stay at the request of the bankrupt (you.) You should also speak with a bankruptcy attorney about filing but be sure you discuss the impact on your divorce. Sometimes I'm told...
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Q: How many times can my ex postpone a child support hearing?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Apr 12, 2018
Kathryn Hilbush's answer
As many as the court will permit. If you don't want the hearings to be continued, tell Domestic Relations that you oppose the continuance request and there's less likelihood it will be granted.
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Q: Can my ex claim property taxes?

1 Answer | Asked in Tax Law and Divorce for Pennsylvania on
Answered on Apr 10, 2018
Kathryn Hilbush's answer
This issue should have been dealt within your settlement agreement. As it appears not to have been, there's no good way to resolve it unless you can agree on how to divide the taxes between you. Frequently people agree to divide them equally if both were employed during the year while they lived in the house.
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Q: A parent outright lies at a custody conciliation and makes false accusations to influence masters recommendation.

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Apr 10, 2018
Kathryn Hilbush's answer
If the untruth was made under oath, then there could be a perjury problem. However, you need to understand that litigants regularly "shade" the truth in family law matters and usually suffer few, if any, consequences. If you really wish to pursue this, consult a local experienced family law attorney and discuss what untruths were told.
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Q: Does the plaintiff in a 3301(d) divorce have to fill out and file a counteraffadavit with the affidavit of separation?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Apr 10, 2018
Kathryn Hilbush's answer
I'm not quite sure what the procedure was that you followed, but the way it's handled is to serve the Plaintiff's Affidavit Under Section 3301(d) and a Counter-Affidavit. Then, when you send the you must send it with the Notice of Intention, you must send another Counter-Affidavit.. There is no requirement that the defendant actually complete and file the Counter-Affidavit - only that he/she be properly served with it. You as the plaintiff do not file a counter-affidavit unless you're not the...
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