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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Pennsylvania on
Q: Is a 12 year old allowed to get a tattoo with only 1 parents consent, if the other parent disagrees and doesnt consent?

The 12 year old got it saturday at her mothers, the mothers husband had a friend come to their house to tattoo the 12 year old.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 27, 2019

Boy, that's not a good idea on so many levels. However, based on a quick Google search, it seems that PA has no minimum age limit for getting a tattoo as long as a parent or legal guardian is present and grants permission. If you share legal custody of the child, the mother may have violated... View More

2 Answers | Asked in Divorce for Pennsylvania on
Q: my husband left and I would like to know do i have to allow him back in my home to retrieve his things.

he put his hands on me and we have only been married for 10 months.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 27, 2019

Attorney Boyd has offered good suggestions. You may want to follow them.

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1 Answer | Asked in Child Support for Pennsylvania on
Q: My ex has 6 children to his current wife. Will his support go down? I have primary physical custody of our 1 child.

I have my son about 75% of the time. Will all of these children get him out of paying child support for the one child he and I have together? It’s been 10 years since our support order was modified and I have been thinking of taking him in for modification because my sons misc expenses are... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 25, 2019

Good question. He will not be released from providing support for your son but it's hard to know whether all those other children will impact the amount of the support. Here's how it works. You may want to consult with an experienced local family law attorney to go over this is greater... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: My husband divorced when his daughter was 4 (500$) and now she is 16. Can child support increase?

He lives on the west coast now, she lives with her mom in PA ..where they divorced. Custodial mom is now limiting the time we get her in the summer. Divorce papers state he will get her every other weekend...when he lived there. We are thinking of taking her to court to mandate we get her for more... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 25, 2019

Yes, she can request an increase in the support. If she voluntarily quit her job, the PA court may attribute her most recent income to her as earnings even though she is no longer employed. However, since the Support Guidelines have changed several times in the last 11 years, and I assume your... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I wanna see my kid more than 2 a month
Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2019

Then, if the other parent won't voluntarily allow you to do so, you're going to have to file for more time with the court.

1 Answer | Asked in Child Support for Pennsylvania on
Q: does a parent continue to pay child support for 90 days after getting her children back

CYS has custody.My daughter pays child support.She is supposed to get them back the beginning of April.She has been told that child support continues for 90 days even though she has custody. She is a single parent and will have a hard time paying her bills if she has to continue to pay child... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2019

Not ordinarily. I don't know who told her that but she should take her support order to her local Domestic Relations Office to see if they'll suspend the support order effective the return date of the children. She will probably also have to file a petition to vacate the support order and... View More

1 Answer | Asked in Divorce and Tax Law for Pennsylvania on
Q: Is my alimony taxable in PA on my 2018 tax return. Thank you
Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2019

It is for your 2018 return and may not be in 2019 as well. Consult with an accountant or attorney familiar with the tax law changes and have him/her review the agreement/order awarding alimony.

1 Answer | Asked in Family Law for Pennsylvania on
Q: need a death certificate from niger family of husband death to us consolate

My first husband dien in Nigere. The family never reported it to american consolate. Vital records did search. I've married again new husband from benin immigration wants a death cert. I am unable to obtain this doc

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2019

I assume you'd have to obtain proof of death from the government in the region of Niger where he died.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I’m trying to buy a house and the bank needs a copy of my last child support order. How can I get the papers?
Kathryn Hilbush
Kathryn Hilbush
answered on Mar 22, 2019

Contact the Domestic relations Office where the order was entered and ask what their procedures are for obtaining a copy. You may have to appear in person and pay a small fee for a copy since you should have received one in the mail after it was entered.

2 Answers | Asked in Child Support for Pennsylvania on
Q: Why is child support Based on one parent
Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2019

Attorney Hall is correct - it isn't. The Support Guidelines take both parents' incomes into account.

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2 Answers | Asked in Child Custody for Pennsylvania on
Q: Can someone parent who through a tantrum at court hearing signs away their parental get any custody after that episode
Kathryn Hilbush
Kathryn Hilbush
answered on Mar 21, 2019

I agree with Attorney Hall - your question is unclear. It would be best for you to explain your circumstances to an experienced family law attorney in person.

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2 Answers | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Pennsylvania on
Q: In PA, can a non-custodial parent seek partial custody post divorce?

Dad did not seek custody in the divorce and now would like to have at minimum a parenting plan in place. Mom frequently withholds visits, facetime appts under the guise of the child isn't interested.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 20, 2019

Certainly. The fact that custody was not requested in the divorce filing doesn't have anything to do with whether father can request custodial time now.

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2 Answers | Asked in Family Law and Tax Law for Pennsylvania on
Q: I pay child support and mortgage support in PA. How much can I itemize on taxes of the marital home?

She currently resides in the home and I pay child support and mortgage support. How much can I take of the marital home deductions since it’s in my name also? Doesn’t the child support cover housing expense too.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 20, 2019

You should discuss this issue with your tax preparer. You may not be able to claim any of it.

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1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Child stays at grandparents and mother stays with boyfriend anything I can do cause she is supposed to be with mother

Only goes with mother and boyfriend on weekends when I dont have her she is 9

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 13, 2019

Are you inquiring about a PA or a MD case? In PA, if you wanted to force the issue you'd probably have to file a petition with the court but I would recommend that you first discuss the issues you have with the current situation with an experienced family law attorney before filing anything.... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Do custody agreements between parents have to go though the PA family court system to be legally binding?

We are not married, and there are no issues with custody arrangements at this time. There will need to be a support agreement in place, however. Will not having a court authorized custody agreement cause a problem with child support?

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 13, 2019

Custody and support agreements need to be entered as court orders to be enforceable. However, assuming neither parent disputes the terms of the custody agreement, the fact that it's not been entered as court order should not cause an issue with the support case.

1 Answer | Asked in Divorce for Pennsylvania on
Q: How do i get a copy of my divorce paper? I dont remember what county granted it.
Kathryn Hilbush
Kathryn Hilbush
answered on Mar 13, 2019

There is no statewide data bank that keeps track of everyone's divorce decrees. I suggest that you at least narrow it down to limit the number of counties you have contact. Also, sometimes the online search engines have that information but, in my experience, you won't get it without... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Separating from cheating husband who now pays child support for extramarital child. Seeking support for our kids.

The mistress has already put my husband on child support. I plan to leave him and I am going to seek child support. Will my child support amount be lower because she already has an existing order? I have 2 small children with him and they are one and two years older than her child.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 13, 2019

Whether your children's support will be impacted by the existence of this new child depends on the incomes of all parents involved. The support rules state " When the total of the obligor’s [your husband] basic child support obligations equals 50% or less of his or her monthly net... View More

3 Answers | Asked in Criminal Law and Family Law for Pennsylvania on
Q: Can a Plaintiff be in violation for contacting the Defendant with a PFA?
Kathryn Hilbush
Kathryn Hilbush
answered on Mar 13, 2019

Unfortunately, no. That's the legal quagmire that faces so many PFA defendants. They're contacted by the plaintiff and don't know what to do. The answer to that is do nothing, unless you have an attorney who can handle it for you. Your friends and family cannot get involved or you... View More

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2 Answers | Asked in Divorce for Pennsylvania on
Q: I live in Upper Darby, my wife (possibly) in Arizona. We have no children and no property. What are my divorce options?

Have been separated for more than two years.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 13, 2019

I agree with Attorney Boyd. You will file for a divorce in Delaware County. The problem will be in properly serving your wife with the complaint since it seems that you are unclear as to where she resides. I suggest that you start contacting people who may know where she is, such as local friends,... View More

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1 Answer | Asked in Child Support for Pennsylvania on
Q: I received a larger amount for my child support beginning of last month. I haven’t received anything since then. Why?

My children are 16 yo and still in school. I also did not receive any information regarding this odd amount. Is there something I missed?

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 10, 2019

There's no way to respond to your question here. I would suggest that you call your Domestic Relations Office to obtain an answer.

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