Questions Answered by Kathryn Hilbush

Q: I am paying child support but she wants me to pay the dentist bill not covered by insurance.

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jan 15, 2019
Kathryn Hilbush's answer
If "she" is the custodial parent, then"she" is responsible for the first $250 in medical expenses per child annually. Your order should indicate this.

Q: How long after receipt of a forensic custody/psych eval must a hearing be held? Esp if primary parent deemed detrimental

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Legal Malpractice for Pennsylvania on
Answered on Jan 15, 2019
Kathryn Hilbush's answer
It appears that your husband is represented by an attorney. All questions should be asked on existing legal counsel.

Q: I am married 29 yrs. will I receive half of my husband ‘s pension if I file for divorce or separation?

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Answered on Jan 14, 2019
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...

Q: What is the process for child support ? Mediation — assuming unsuccessful - to court next ? Time frame ?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jan 13, 2019
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.

Q: I signed B.C. And paid support, DNA said he wasn’t mine at 8yrs. Mom took me off C.S. 5yrs later she filed new support

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jan 13, 2019
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.

Q: NYS child sup. laws or rules in regards to personal injury, pain and suff. settlements non-taxable one-time pymnt no arr

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jan 10, 2019
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.

Q: How do I get my boyfriend guardianship of my daughter incase something were to happen to me?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 10, 2019
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.

Q: My husband took me for child support but I was still on his lease and lived there for 3 months while being charged

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jan 9, 2019
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.

Q: Low income and disabled .. looking to see anyone can represent me as a pro bono lawyer for a mutual no fault divorce

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 9, 2019
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.

Q: If u are taking off child support by mom is that possible and will u be obligated to pay the remaining arrears

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jan 9, 2019
Kathryn Hilbush's answer
If the arrears are not owed to welfare, the mother may voluntarily forgive them , but she's under no obligation to do so, even if she terminates the support order.

Q: Thinking of moving out of state.Have custody agreement,but noncustod hasn't seen kid in 4 yrs.Will moving be an issue

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Jan 9, 2019
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.

Q: As self representing party, do i have the right to work directly with ex's Counsel? It is unreimbursed med. expense issu

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 8, 2019
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.

Q: Is it illegal in Pa to take child support if you do not have custody of the children

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jan 7, 2019
Kathryn Hilbush's answer
If you have court-ordered custody you can open a support case against both parents. That way mom may be ordered to pay and dad will be paying you, not her.

Q: If my husband moved out aug.8 can he still keep things here at my home 5 months later? The house is legally in my name.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 7, 2019
Kathryn Hilbush's answer
Most likely yes because it was the "marital " Home. I suggest that you consult with an experienced family law attorney o discuss your options.

Q: My boyfriend filed for a divorce in 2014, courts received it in 2015. Can a judge sign off on it now? The wife refused.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 7, 2019
Kathryn Hilbush's answer
This question is impossible to answer with so few facts. Perhaps your boyfriend should consider meeting with an attorney f he's truly interested in moving the case forward.

Q: Is it legal for a 16 yr old be intimate with an 18 yr old? Can parents press charges?

2 Answers | Asked in Family Law and Juvenile Law for Pennsylvania on
Answered on Jan 5, 2019
Kathryn Hilbush's answer
It probably not legal and it's certainly not smart. Read the information contained in the link below.

https://www.ageofconsent.net/states/pennsylvania

Q: What is Pennsylvania law for video and voice recordings for those in Pennsylvania

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Answered on Jan 4, 2019
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.

http://www.dmlp.org/legal-guide/pennsylvania/pennsylvania-recording-law

Q: I thought I already asked this. Sorry if it's a repeat. Is there a way to hold someone accountable to file their taxes?

1 Answer | Asked in Tax Law and Child Support for Pennsylvania on
Answered on Jan 4, 2019
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...

Q: I receive support n pay for my childs Dental insur thru my work He now requires braces Who pays the balance not covered

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Jan 3, 2019
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...

Q: Can I still get items out of my old house after the divorce has been finalized?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 2, 2019
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.

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