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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Is one parent allowed to switch the kid’s school district without the other parent’s consent?

I live in my kid’s school district, but my ex-wife does not. She chose to buy a home a half an hour away in another school district. I am looking to move and I’m wondering if I need to confine my search to our current school district. Does my ex have to agree to where I live since I am the one... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2019

You may have to follow the PA relocation procedure. Your question really needs to be addressed by an attorney in an in person consultation during which the logistics of your ex's move and your prospective one, along with those of your custody arrangement, can be carefully reviewed in detail.

1 Answer | Asked in Child Support for Pennsylvania on
Q: If you have court for a motion hearing why can’t you file for child support until it’s settled?

I took my child father off child support thinking he was going to help me with our son and now when I try to file to get it again they tell me I have to wait for the outcome of the motion hearing the hearing is to tell us about the dna test we took we got the results in the mail already what should... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2019

There are procedures to be filed in the court system. If paternity testing was done. the court needs to officially determine that he is the father, which obviously seems unnecessary to you since the results of the testing point to him. However, the orderly process of the court must be followed. You... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: My son and I live in pa and his father lives in wv he is 7 months old where will custody have to be done?

My sons father thinks he can do custody paper work down there even though me or his son has never lived there with him and he is 7 months of age now. I thought it has to be done in pa bc this is where the child resides.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2019

You'll take care of custody in PA, where the child has lived for six months.

2 Answers | Asked in Family Law for Pennsylvania on
Q: What if you aren’t moving out of the state which the agreement applies just the city???
Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2019

One reason why the PA relocation statute was enacted was to avoid having a parent to move so far from the other parent as to substantially interfere with that parent's custodial time without that other parent's permission or court approval. So, theoretically, someone can move out of... View More

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Does my husband's ex-wife have any legal right to enter our home uninvited when the children are there?

My husband has an informal custody agreement with is ex-wife, whereby the children live with us 50% of the time using a PA approved 50/50 custody schedule we found online. My husband believes his ex-wife has the legal right to enter our home when the children are there, but I can't find... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2019

I see absolutely no reason why she should be able to cme in your house absent a court order to that effect.

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2 Answers | Asked in Family Law for Pennsylvania on
Q: If a primary parent moves out of state can the 14 year old choose to go with that parent? There is a joint agreement.

The child has only been to the other parents house once since Christmas and he was made to go by primary parent because of not being home for one night. He is supposed to go up every other weekend but the joint parent does not enforce it. If he wanted to fight him moving and took this to court... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2019

Children do not have the legal right to determine with whom they reside. The court can consider the wishes of any child and give those wishes the consideration they're due based on the age and maturity of the child. There is no magic age at which a child gets to choose, other 18, at which time... View More

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3 Answers | Asked in Child Custody for Pennsylvania on
Q: I was granted relocation with my child from PA to AZ 2 yrs ago. If I want to move again do I have to refile?

I was granted relocation from Pennsylvania to Arizona over 2 years ago. I have since met someone and are getting married, but his kids are moving to Florida since his ex wife is remarried, and we want to move so we can all be together. Do I have to refile for another relocation to do that? If... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2019

I agree with Attorney Hall - you will need to look to AZ law for the answer to this question.

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1 Answer | Asked in Child Support for Pennsylvania on
Q: I received support and when I go online to check my information on the child support site it says I’m still due payment

This month of $200 but I’ve yet to receive it? This month is basically over. Where is the additional money, and why am I still getting the same amount if we did a increase? When we went for increase on January 9th it said effective on that day. I’m still getting the same of $524 vs $635

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 8, 2019

You should contact your local Domestic Relations Office for an explanation. There's no way any of us on this side of the screen can do that for you.

1 Answer | Asked in Child Support for Pennsylvania on
Q: If the noncustodial parent has another child how much would child support be reduce by in PA?

Noncustodial parent has child 50% of the time.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 6, 2019

Child support orders in PA are driven by income as well as custody. Whether having the second child could impact the amount of the support order depends on several factors, including whether there is a support order for the second child and how much of the paying parent's income would be taken... View More

1 Answer | Asked in Estate Planning and Family Law for Pennsylvania on
Q: My brother was sole executor to our parents estate & has now passed prior to settlement, who will be executor now?

Our fathers will has a residue clause, if anyone predeceases me, his share be given to his then living issue, per stirpes, & in default of any such issue to be divided equally between survivors named above, (my sister & me) Does this include executor responsibilities, since my father has passed?

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 6, 2019

Apparently you father's will didn't name an alternate executor. In that case, a new one will have to be appointed. You and your sister and agree as to which of you may take that role or ask that one be appointed by the court. You can serve as co-executors as well. I highly recommend that... View More

2 Answers | Asked in Divorce for Pennsylvania on
Q: I'm in D Nova in a divorce case and the judge is using the old paperwork how can that be possible

This is in Bucks County court

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2019

"De novo" means that the court is to look at the case with fresh eyes. It does not mean that the judge may not look at papers already filed in the case. He/she is really just not supposed to review the report and recommendations of the master that set forth the first equitable... View More

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2 Answers | Asked in Child Custody for Pennsylvania on
Q: Does a no contact order issued by the mother for her child against the father remain after the mother is deceased?

My husband has a 15 year old son who’s mother just passed away. She got upset with him and issued a no contact order against my husband for her son until the child is 21. We are seeking to get custody of him and were wondering if the no contact order remains.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 4, 2019

I'm confused as to what sort of "no contact" order that would have resulted from the petitioner having been angry would last for 6 years. In PA, Protection from Abuse Orders extend for no more than 3 years, but I see your location is posted as being in MD. Your husband needs to... View More

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1 Answer | Asked in Divorce for Pennsylvania on
Q: Do you need a property agreement in Pennsylvania prior to filing for a divorce
Kathryn Hilbush
Kathryn Hilbush
answered on Feb 1, 2019

No. In fact more often than not people negotiate and enter into such an agreement after the divorce complaint has been filed. There is nothing to prevent you, however, from entering into an agreement before you file for a divorce. Just be sure you have legal advice before you sign anything.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Can a case be thrown out if the plaintiff does not show up for court?

Me and boyfriend got into a fight, I had a few scratches on me. Police took photos and told me to do a statement. Boyfriend was arrested and charged with harrasment and simple assault. There was a court date but I did not show. There will be another upcoming court date but I will not show. Will he... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 28, 2019

It sounds like he's already been arrested and charged. It's never a good idea to not show up for court. You can try speaking with the District Attorney's Office to see if they'll drop the charges.

2 Answers | Asked in Family Law, Personal Injury and Health Care Law for Pennsylvania on
Q: I Have a ST Jude SCS , Is there someone that would want to talk about my inclusion of this suit?

model 3662 installed 5/23/16

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 28, 2019

I suggest that you Google the unit and, if there's a pending class action suit, contact the litigation group that filed the complaint.

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1 Answer | Asked in Child Support for Pennsylvania on
Q: If a mother's on section 8, and food stamps does the father pay more or less in child support.

She make a lil over a 1000 a month and her rent is only 264 a month and I make a lil over 1200 month and pays 20 dollars for daycare. And I already pay 400 month on another case.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 25, 2019

The support guidelines take into account someone's income and generally not their expenses, except for child-related expenses such as daycare. In addition, the court can consider the fact that you have another support order but, in my experience, when the numbers are calculated, the fact of a... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: If ex wife does not work and uses her spouses income as hers can I refile in court for reduction in child support due to

Her spouses income being double of mine , the court requires her to show support of our child

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 25, 2019

Please see my response to your other inquiry on this same issue.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: If ex wife chooses not to work and has to report income in court for our daughter but uses her spouses income as hers

Can I refile in court for a reduction in my child support since her spouses income is double of mine , we have shared custody of our daughter 50/50

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 25, 2019

If she has the ability to maintain employment, you can argue that she has an earning capacity, but this is usually not an argument you want to make without an attorney representing you. Succeeding with having a minimum wage earnings attributed to her can, in some circumstances, actually increase... View More

2 Answers | Asked in Divorce for Pennsylvania on
Q: What is the cost of a divorce in PR..if your filing no contest?
Kathryn Hilbush
Kathryn Hilbush
answered on Feb 4, 2019

In PA, the filing fee varies by county - smaller counties have lower fees than larger ones. You should at least consult with an experienced family law attorney in your area to make sure that simply getting a divorce without reviewing any assets that may be subject to division, such as pension and... View More

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1 Answer | Asked in Child Support for Pennsylvania on
Q: Is the purge amount for all the dockets put together or do each docket has its own purge payment in Harrisburg PA?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 24, 2019

Each case has it's own amount of arrears. So-called "purge amounts" are usually set by the court in connection with being released from incarceration by paying a certain amount toward an case. Purge amounts do not necessarily pay off the total amount overdue or in arrears on the case.

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