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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Child Support for Pennsylvania on
Q: dad got custody of child, they terminated that he pays support, but still owes me back support, does he have to pay stil

I just lost custody of my daughter, dad was on support, inconsistent with making supports so he does owe past support.

I got a letter saying he no longer has to pay but has to pay 43$ a month for past arrears, what does this mean?

does he have to pay? consequences if he... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 22, 2019

Yes, he still owes you the arrears. Apparently his rate of repayment has been established as $43 per month. Yes, he can take you in for support. If he does, the court will consider that he owes you money and probably make some sort of adjustment. You may want to bring an attorney to court with you... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: How can domestic relations Take 11years of payments for sport from me Out of workman's comp settlement

I am only 800 dollars behind on payments they want me to play up to she is 18 as of know and child is only 8 years old

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 22, 2019

They're going to hold it to ensure that the support payments are made. You really need to consult with an experienced family law attorney about this. There may be other options that are better for you.

1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Federal Crimes for Pennsylvania on
Q: I gave someone my dog to keep while his wife had cancer. He promised to give my dog back after she died. Now he won’t

I gave my dog to my uncle to help his wife feel better since she had cancer. I gave it to him under the condition that if they couldn’t take care of her anymore, to give her back to me. A year after she died, he claimed to not be able to take care of my dog anymore and asked to give her back to... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 22, 2019

I doubt you can sue her for theft since your uncle handed the dog over to her. Maybe if you offer to reimburse her for the vet bills she'll return the dog. Since she seems to care enough for the dog to spend a decent amount of money on her, perhaps the nicest thing you can do for your dog is... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: If I am paying child support and my spouse has a relative move in with them who is working, do I still have to pay?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 22, 2019

Yes. If you think that your spouse is receiving money from the relative, you might be eligible for a decrease in the support but tread carefully because if you file for an increase and it turns out that other factors will result in an increase, you'll end up paying more. An in office... View More

2 Answers | Asked in Divorce for Pennsylvania on
Q: Am I entitled to a portion of my husband's federal pension after a 30 year marriage?

My husband retired early from a federal job after 30 years. He was 50. He collects a monthly fers check and started a consulting business. After I filed for divorce he stopped taking jobs and claims that since I work I don't need his retirement and that he lives on a fixed income. I do work... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 22, 2019

Attorney Hall has give you great advice. I too suggest that you consult with an attorney in person to discuss the facts of your situation in detail and learn what options you have.

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2 Answers | Asked in Family Law for Pennsylvania on
Q: Daughter in Pennsylvania. Can Grandmother and step father take granddaughter?

Granddaughter just turned 5. Lived in Ga until 18 month ago. Grandmother in Pennsylvania only saw her twice. Once a 3 month visit and a 2 day trip. Parents moved to Pa. false call to CPS for child abuse was made. They opened a case and put the family under investigation. Abuse charges was cleared.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 4, 2019

I agree with Attorney Hall's suggestion. I would add that mother needs representation so if she does not have an attorney, you may want to assist her in retaining one.

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1 Answer | Asked in Child Support for Pennsylvania on
Q: I am paying child support but she wants me to pay the dentist bill not covered by insurance.

She took the child to a dentist not covered by Medicaid. Had she checked into it, she could have taken her to a dentist that accepted Medicaid. I had no idea about the appointment or I would have handled it correctly. Now she expects ME to pay the bill rather than it coming out of the child... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 15, 2019

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.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Legal Malpractice for Pennsylvania on
Q: How long after receipt of a forensic custody/psych eval must a hearing be held? Esp if primary parent deemed detrimental

This is the 2nd forensic eval. 1st strongly rec immediate crisis counseling 4 both girls, 11&12, an urgent change in cust over 2 us due 2 the severity of mom's abusive behaviors causing severe issues due 2 her severe psych/abuse & alienation. After 1st report, b4 our 4 month delay... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 15, 2019

It appears that your husband is represented by an attorney. All questions should be asked on existing legal counsel.

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: I am married 29 yrs. will I receive half of my husband ‘s pension if I file for divorce or separation?

I live in Philadelphia , pa

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 14, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: What is the process for child support ? Mediation — assuming unsuccessful - to court next ? Time frame ?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 13, 2019

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.

1 Answer | Asked in Child Support for Pennsylvania on
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

Didn’t pay child support for years after she stopped payments when the court ordered DNA test showed I wasn’t the father. Years later she refiled for support, a new case is opened and I have to pay support!? $217 every two weeks...I was told if I didnt accept the new order that I would have to... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 13, 2019

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.

1 Answer | Asked in Child Support for Pennsylvania on
Q: NYS child sup. laws or rules in regards to personal injury, pain and suff. settlements non-taxable one-time pymnt no arr

In New York state what does the child support laws state about reporting a pain and suffering lawsuit settlement,which was a lump sum and a structured settlement both are not taxable, however I do know that the structured settlement can be considered income and there were no arrears, so my payment... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 10, 2019

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.

1 Answer | Asked in Family Law for Pennsylvania on
Q: How do I get my boyfriend guardianship of my daughter incase something were to happen to me?

Does her real father have to sign something for this to happen because I know he never will . Her real father doesn't have much to do with our daughter

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 10, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: My husband took me for child support but I was still on his lease and lived there for 3 months while being charged

Does that mean it was fradulence on his part

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 9, 2019

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.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Low income and disabled .. looking to see anyone can represent me as a pro bono lawyer for a mutual no fault divorce

For a mutual divorce .. we care both low income and disabled ,, want a mutual divorce . No assets or kids involved. Very simple ..

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 9, 2019

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.

1 Answer | Asked in Child Support for Pennsylvania on
Q: If u are taking off child support by mom is that possible and will u be obligated to pay the remaining arrears
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 9, 2019

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.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Thinking of moving out of state.Have custody agreement,but noncustod hasn't seen kid in 4 yrs.Will moving be an issue
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 9, 2019

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... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: As self representing party, do i have the right to work directly with ex's Counsel? It is unreimbursed med. expense issu

I am self representing after a long drawn out, $175,000 child custody battle that has ended. However, when it comes to unreimbursed medical expenses, she refuses to provide receipts as required on the State Form. i will not pay without proof of payment, and verification that it was not covered by... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 8, 2019

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.... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Is it illegal in Pa to take child support if you do not have custody of the children

I am a Grandfather with custody My stepdaughter gets child support with zero liability for support of her son

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 7, 2019

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.

1 Answer | Asked in Divorce for Pennsylvania on
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.

I have asked him many many times to come get the rest of his things.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 7, 2019

Most likely yes because it was the "marital " Home. I suggest that you consult with an experienced family law attorney o discuss your options.

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