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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Divorce and Health Care Law for Pennsylvania on
Q: Am I required to provide health insurance up until the time my child graduates?

I have a legal question about my post-divorce obligations. My daughter turned 18 in October, but she is still in the 10th grade - she failed more than once. She was supposed to graduate in June 2020. That won't happen. We live in Pennsylvania. Am I required to provide health insurance up until the... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jan 1, 2020

If your support order requires you to maintain coverage for her, then you should. If you feel it's a burden for you to continue covering her after June 2010, you can file a petition with the court to seek a modification of the order.

1 Answer | Asked in Child Support for Pennsylvania on
Q: How do you report non payment of child support for over 2 months?

Noncustodial parent changed jobs, didnt report, so I filed for reevaluation. Over 2 months non payments now.

Kathryn Hilbush
Kathryn Hilbush answered on Jan 1, 2020

Contact the Domestic Relations Office managing the support case

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Can i put my kids in protective custody when mu ex leaves the 15 and 10 yo has heart defects? Home alone overnight

The ex has a tendency to lesve the kids home alone friday nights no babysitter with alot of men i do not know or trust knowing they are typically home alone without her there at times. Its a safety concern she refuses to listen to and always tells me to its my life dont tell me how to live it.... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 26, 2019

You should discuss this situation with an experienced family law attorney. If the circumstances are as you say, there are several options. Talk to an attorney in person please.

1 Answer | Asked in Adoption for Pennsylvania on
Q: My daughter was adopted 3yrs ago I terminated my rights is there any way to get her back

I'm trying to find any lawyer that will give me so hope about this or tell me there is no way to do so

Kathryn Hilbush
Kathryn Hilbush answered on Dec 26, 2019

Under most circumstances, an adoption is final. I suggest that you gather all of you paperwork and then seek out the advice of an attorney who pretty mush specializes in adoptions. try doing an internet search for one in the Philadelphia area and then call to find out if he/she seems like one who... Read more »

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: So my wife is filing for divorce.

When we got our house the only way for her to get an fha loan was for me to sign a release of marital claims. So I am not on the mortgage or deed. I was told that she still could not kick me out or sell the home because it's an established family home regardless of all that. And i have been 800... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 26, 2019

Yes, you need to consult with an attorney. If you're not on the deed, she could attempt to sell the house but she files for divorce you have the ability to ask the court to restrict her from doing so. There are many other aspects to your situation that are best answered in a face to face... Read more »

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Ex died, have marriage agreement and quadro signed before he died for 50 percent of retirement. I am alternate survivor

How do I file to enforce quadro order if ex died

Kathryn Hilbush
Kathryn Hilbush answered on Dec 16, 2019

Are you sure you're a surviving beneficiary and not just the alternate payee? If you're the alternate payee, it's quite possible that your payments are supposed to extend only while your ex was living. If you really were kept on as a surviving beneficiary, then you would be entitled to receive a... Read more »

2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: If I have just been granted sole legal and physical custody of my children how do I get them?

A bench warrant has been issued for my child’s mother for not showing up to any of our court dates and I have just been granted sole legal and physical custody of both our children. She currently has my children and I don’t know where they live. Can I contact her myself and show her that I have... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

The best approach would be to try to do this without the police and contact her. She may not have been served with the order so see what you can do to get it into her possession. I suggest that you not be too aggressive or threatening about it. In the least, try to find out where the children are.... Read more »

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Mother gave Father full custody now he might be arrested. What happens to the kids?

Mother gave Father full custody based on a verbal agreement that he would take them and go away. This was her attempt to get away from him and his abuse of her. He has not gone away and is continuing to do things that he might be charged for. He is already on probation that includes no contact with... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

If Father is incarcerated and Mother is unwilling to step up to the plate and take care of their children, then, unless a suitable family member is located, the children will probably go into foster care.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Me and my ex have to go for child support, I live at home and pay bills such as wifi, cable, phone bill eat as my "rent"

my ex has an apartment that he pays half of the $800 rent plus half of utilities, do the courts consider rent in calculating his support amount in PA? What if his girlfriend is giving him half of the rent in cash and then he pays the rent out of his account? Will courts look at that as him paying... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

Generally speaking, in PA the bills and other financial obligations of the parents, other than medical insurance, child's medical expenses, and childcare/tuition, are not relevant. The calculation of a support order is income, not expense, driven.

1 Answer | Asked in Child Support for Pennsylvania on
Q: My mother doesn’t allow me to see my son but has me paying child support every month... I was told

If I can’t see him, I don’t have to pay... is that true and how would I go about bringing that up? I’ve been paying since June or July now...

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

In PA child support and child custody are separate in that , if you have a support order, you still have to pay it regardless of whether or not you see your child. If you want to see your son and your mother s not willing, then you're going to have to go to custody court to obtain time with him.

1 Answer | Asked in Family Law for Pennsylvania on
Q: In Pa if you owe more than 500 in support they take income tax but do they only take until it gets as low as 500.

For example if I owe 1400 will they take the whole income tax or only the amount to take it to 500

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

They'll take the entire refund to satisfy the arrears in whole or in part. So, if your refund is $1000, they'll take it all. If it's $1500, they may intercept the entire refund but would refund whatever isn't needed to pay off the arrears.

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: Can garnished payments for child support arrears be modified by custodial parent via court?

NCP arrears payments that were approved by court are being garnished out of his pay, but now CP wants payments to be increased. Can CP have court increase arrears payments, and if yes, under what circumstances? All kids are over 18, no longer live with CP and 1 passed away in 2015.

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

The CP can request that the court increase the arrears payments. Whether she/he will be successful depends on a number of factors. A petition would have to be filed in order to make this request.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Where can I get full copies of my child support case
Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

You'll probably have to go in person to the Domestic Relations Office which is handling your case. Be forewarned that they may charge you for every copy so you may want to think about what documents you really need. They can also give you a print-out of your payment . You can call first to find out... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: I'm required to pay support until kids are 23 (in college). However mom put them out of her home at 18.

I want money to go to children. Order was placed in NJ. Kids lived in WV but are currently staying with my mother in DE when not in school.

Kathryn Hilbush
Kathryn Hilbush answered on Dec 2, 2019

You're going to have to ask this question of an attorney who practices in whichever jurisdiction is administering this order. It appears that would be NJ. You may have to change your location because right now your question is going out to PA lawyers.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Is it illegal in the state of pennsylvania for the mother and father to ride together to a child support hearing?
Kathryn Hilbush
Kathryn Hilbush answered on Dec 2, 2019

No, not unless one of them is subject to a restraining order regarding the other one..

1 Answer | Asked in Family Law for Pennsylvania on
Q: What forms do I need to change the venue of a custody case from one state to another?

The venue originally should hv been held in WV where my child had resided from 3 months of age to the present day. He is now 2 yrs 7 months old. The opposing attorney and judge are crooked in PA where the case is being held presently. It has been 2 yrs as well. I need to get the venue changed from... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Nov 26, 2019

You can always consult another attorney. Usually, despite what you believe, there are good, legal reasons why a case is not moved to another jurisdiction., For example, the length of time the child has resided in the current jurisdiction.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife has filed for a divorce but I want marriage counseling because I believe we can work things out. is it possible

We got married in Collingdale Courthouse PA. Could we get marriage counseling to save our marriage under the Pennsylvania Statutes?

Kathryn Hilbush
Kathryn Hilbush answered on Nov 26, 2019

Yes, the divorce complaint will give you information about filing for counseling. You'll have to file a petition for it. The court can order up to three counseling sessions. usually the person seeking the counseling is responsible for paying for it.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I easily get full-custody?

My ex-wife has primary custody and it has been a nasty battle of manipulating the kids against me and a lot of disparagement about me to the kids (judge has already warned her about these issues). She is moving out of state and we have already been to our first court date, as I was not agreeing to... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Nov 19, 2019

By now you should know that nothing is easy in custody when the parents aren't 100% on the same page. Also, there is no such thing as "full" custody. Perhaps you mean primary physical custody? I suggest that you consult with an experienced family law attorney to get you through this. In the... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: My sons mother keeps asking me for money on top of the money i give my son on the side. Can I put myself on child sup.?
Kathryn Hilbush
Kathryn Hilbush answered on Nov 17, 2019

You could but first you might want to figure out what the result might be if you were subject to a support order under the PA Support Guidelines. There are several support calculators available online, one through the PA Department of Health. I suggest you either work with one of those or, even... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: As an unmarried mother, would it be legal to move to another state with my child?

I have a chance to make a new life in a different state and I was wondering if an unmarried mother with no custody order could move to a different state I live in Pennsylvania. Right now at least.

Kathryn Hilbush
Kathryn Hilbush answered on Nov 13, 2019

Most family law practitioners will tell you that you need to follow the PA child relocation procedures prior to moving the child, even if there is no custody order.

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