Questions Answered by Kathryn Hilbush

Q: My grandparents don't have custody but I live with them. I'm 16. Can my boyfriends parents get custody of me ?

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Pennsylvania on
Answered on Jun 18, 2018
Kathryn Hilbush's answer
Probably not. I wonder if you might consider being a bit more sympathetic to your grandparents. You say they're health isn't good but they're still providing you with a home to live in, food to eat, and clothing to wear. It may be pretty difficult for people their age to deal with a teenager just like it seems difficult for you to deal with the older folks, but they're family and that means a lot.
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Q: Divorced 2016. Child is now 3, can i file a child support order and get the past support payments since the divorce?

2 Answers | Asked in Child Support for Pennsylvania on
Answered on Jun 18, 2018
Kathryn Hilbush's answer
Not unless you opened a support case with Domestic Relations back then or your Property Settlement Agreement for your divorce mentioned having him pay you support. Absent either of those situations, your order would be effective the date you file so you may want to head over to DRO asap.
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Q: Divorced in Marin county in 1987. Need to adjust alimony. Live out of state now. Do I need a CA lawyer?

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Jun 18, 2018
Kathryn Hilbush's answer
I don't know if it can be done but a CA attorney would be the one to consult. I always suggest that someone go back to the attorney who handled the divorce but I imagine any experienced family law attorney in Marin County can be of assistance.
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Q: My grandparents are threatening to put a restraining order my boyfriend, but they dont have custody of me, I'm 16 hes 17

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Pennsylvania on
Answered on Jun 18, 2018
Kathryn Hilbush's answer
And so here's the other half of your question. You also asked if you're boyfriend's family could get custody of you. Please consider what I said before. It's apparent that they're trying to keep you safe. Is it possible that they could meet your boyfriend and have a civil conversation with him, perhaps several? Usually once people see that someone doesn't appear to provide a threat to their child's (or in your case, grandchild's) safety, they come around. It just takes some people longer than...
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Q: When going through a divorce if the husband and wife already split there assets and the mother see the child 4 nights

1 Answer | Asked in Child Custody, Child Support and Divorce for Pennsylvania on
Answered on Jun 15, 2018
Kathryn Hilbush's answer
It all depends on the parents' incomes. If you have an idea of what the other parent earns, you can use this support calculator to get a very rough estimate of what the order might be.

https://www.humanservices.state.pa.us/csws/csws_controller.aspx?PageId=csws/support_estimator_overview.ascx&Preference=Desktop&Owner=Client
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Q: Child support, Pa-. unemployed parent w felonies & suspended DL searching for employment what is state minimum payment

2 Answers | Asked in Child Support for Pennsylvania on
Answered on Jun 15, 2018
Kathryn Hilbush's answer
The judge has the discretion to assign an imputed income to either parent. One of the considerations in doing so may be why that parent is unemployed or underemployed. If the reason is something of that person's own doing, such as being fired or committing a crime, the judge does not have to accept that the person is justifiably unemployed and can designate some sort of income for that parent. i suggest you consult with a local family law attorney to see if you have any options.
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Q: Will filing for child support against father affect the amount the father receives for other child

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jun 13, 2018
Kathryn Hilbush's answer
I think you're saying that you have custody of a child by this man and he has custody of another child who is not your child. If that's correct, no, your filing shouldn't affect his other support order.
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Q: I have been married since 2015 of August my wife and I have been separated since May of 2016. She was married to someone

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Jun 13, 2018
Kathryn Hilbush's answer
If you're suggesting that your wife is a bigamist, yes, that would be ground for divorce but, as has already been mentioned, you'd probably be better off pursuing a divorce as annulments have become unfamiliar to the courts over the last few decades.with annulments. The filing fees would be the same for each. However, if it's important to you that you have the annulment, go ahead with it. Having an attorney assist you for either is recommended.
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Q: I am active duty military and am stationed in another state.

1 Answer | Asked in Family Law and Military Law for Pennsylvania on
Answered on Jun 12, 2018
Kathryn Hilbush's answer
Generally speaking, none of the states consider cost of living or living standards when determining child support. Most states have rules for calculating support orders which involve consideration of income only, not living expenses. You may want to consult by telephone with an attorney in the county where your support order was entered to see if there are any options open for you.
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Q: Son's father has not reached out or been around for over a month now, what happens now? we have a court order that ....

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jun 12, 2018
Kathryn Hilbush's answer
What do you want to happen? The court is probably not going to eliminate his custodial time as it's pretty minimal as it is. The court can't force him to take advantage of it either. On the child support, unless he's paying, the system should be sending out notice to him about his failure to comply with the court order and setting him up for a conference or even a contempt hearing. You can contact your DRO caseworker to find out what's going on with the support case.
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Q: I really need help with something but I don't want to make a public post Are there any ways to get legal help low cost?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jun 11, 2018
Kathryn Hilbush's answer
You might first start with your local county legal assistance. Google legal assistance and your county. If you're in Philadelphia, it would be Southeastern Pennsylvania Legal Assistance. Also, if you're in Philadelphia, there are a number of other organizations which offer free or lowered cost legal services. Locate them through the internet. The legal assistance search should turn them up. Also, many county Bar Associations have a pro bono panel. To determine if there's one at your county's...
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Q: How to claim back child support in PA, while, the parent who should've paid, lives in North Carolina?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jun 10, 2018
Kathryn Hilbush's answer
Well, sorry to disappoint you but he owes that money to your mother, not you, for having to support you for 18 years. If the original order was in PA she can request her local PA Domestic Relations Office to initiate enforcement procedures. If it's from NC, she should still go to her PA DRO first to see if they can assist her in any way. Otherwise she'll have to contact the county child support office in NC. A note about having him picked up - up here we have special units within our Domestic...
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Q: I had a parent complaint at age 35 and they are citing PTSD from the Virginia Tech massacre, almost a decade. 305 level.

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Personal Injury for Pennsylvania on
Answered on Jun 9, 2018
Kathryn Hilbush's answer
I'm sorry but your question isn't very clear to me. I suspect that you either need to be speaking with an employment attorney or general litigation/personal injury attorney, depending on your goals. Your question unfortunately ended up going out to the family law lawyers.
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Q: If a child spends 66 hours a week with the father and he buys clothing and things she needs does he still have to pay ?

2 Answers | Asked in Child Support for Pennsylvania on
Answered on Jun 8, 2018
Kathryn Hilbush's answer
The law counts time with children for custody and support purposes by the number of overnights a child stays with a parent. So, in order to have primary custody and therefore not pay child support, or have an adjustment to support based on custodial time, a parent would have to have the child with him or her overnight at least 4 out of every 7 nights. Even if parents share overnights equally, it does not necessarily mean that there will be no support order. Support is strictly income-driven...
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Q: is a settlement as part of a divorce viable longer than 10 years? My husband is hiding behind a PO box.

2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Answered on Jun 8, 2018
Kathryn Hilbush's answer
You're going to have to enforce this agreement/order in WA. I suggest that you consult a WA state attorney and give him/her all the information you have. Let the WA state attorney advise as to what the best enforcement approach would be out there. Their court rules are different form those in PA (I know because I recently worked on a case where I had to engage WA state counsel for assistance). The rules difference may help you with both the enforcement and service aspects of this matter. I...
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Q: My daughter won her appeal, however the court still is withholding the children.How long can this go on?

2 Answers | Asked in Appeals / Appellate Law, Family Law and Child Custody for Pennsylvania on
Answered on Jun 10, 2018
Kathryn Hilbush's answer
While I'd like to give you my take on the situation, there are two reasons why I won't. One is that I don't have enough information to even make a guess about wht's going on. The second is probably the most important one and that is that she has an attorney whose advice she should follow. It's not ethical for me to offer advice on a case where the party is already represented by an attorney. Good luck to her. I hope it all works out and does so soon.
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Q: Cary B. Would you be able to help me word it?

1 Answer | Asked in Divorce and Child Support for Pennsylvania on
Answered on Jun 6, 2018
Kathryn Hilbush's answer
I'm sure the lawyer you have can take care of the paperwork. If it's what I think ypu're asking, he can find what's necessary in the Civil Rules of Procedure.
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Q: child support

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jun 6, 2018
Kathryn Hilbush's answer
That could be a smart idea. It would be wise to consult with an experienced family law attorney in your area to have her/him run the support numbers for you. And yes, you can withdraw your petition. Domestic Relations can assist you with doing that. If it comes down to the wire and you're in a conference or hearing, you can even drop it then but I suggest that you do so ahead of time.
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Q: Can my grandson's father withhold visitation from his mother?

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Jun 6, 2018
Kathryn Hilbush's answer
Yes, if there's no custody order granting her access, he can withhold contact, largely because he has possession of the child. Your daughter should file a custody action against him, seeking contact with her son. She may start out with a form of supervised visitation and most surely won't be driving the child anywhere for awhile, but, as long as she sticks with her probation and doesn't have any more alcohol or drug related issues, all of those types of conditions will eventually be lifted.
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Q: A friend's memoir talks badly about a man and a custody dispute w/ minors. Am I liable if I write the foreward?

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Jun 6, 2018
Kathryn Hilbush's answer
You'd have to discuss this with an attorney who handles libel and slander cases. My guess is no, you wouldn't be liable but, honestly, if I were you, I'd just politely decline and stay away from it.
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