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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Divorce for Pennsylvania on
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.

You

She doesn’t work and never really held a job. She didn’t contribute to anything during the marriage.

You

She’s on drugs and is sickly due to her addiction

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 7, 2019

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.

2 Answers | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: Is it legal for a 16 yr old be intimate with an 18 yr old? Can parents press charges?

In the context that the 16 year old 100% did consent in the state of Pennsylvania

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 5, 2019

It probably not legal and it's certainly not smart. Read the information contained in the link below.

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

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2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What is Pennsylvania law for video and voice recordings for those in Pennsylvania

Currently going through a custody battle and ex claims to have recordings of me that we will “listen to in court”. I don’t know what types or recordings he may be referring to. But would like to know his ability to use them in court would be.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 4, 2019

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

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1 Answer | Asked in Tax Law and Child Support for Pennsylvania on
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?

My ex has not filed his taxes the last few years. I am assuming it is because he has child support arrears he knows will be collected from it. He has worked- several different jobs (I'm usually notified of wage attachments and terminations) so he has enough income to file.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 4, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: I receive support n pay for my childs Dental insur thru my work He now requires braces Who pays the balance not covered
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 3, 2019

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... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I still get items out of my old house after the divorce has been finalized?

There is no property settlement agreement

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 2, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can Dom. Rel. bypass crt and freeze acct and withdraw $ from def. for arrears while def. is in compliance?

My son pays 500.00 a month 463.00 child support the rest arrears. Last month his payment was a bit late but was still post marked in the said month. On the 4th of December domestic relations froze his savings account and took 1,000.00 from it. He received a letter stating this on December 12th.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 1, 2019

Your final sentence throws the rest of your inquiry into a morass of confusion. Why is there a wage attachment and DRO enforcement of a private order for support? Your son needs to consult in person with an experienced family law attorney about this mess.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Recently got a “ Request” for production of documents (my expenses) from Defendants lawyer! Mandatory?

The Interrogatories requested seem to be a little much! 52 requests to be exact including income and expense report requests! Domestic Relations got everything they needed! Seems like fishing to me and not able to retain attorney! Is this something that I need to provide them or can I deny this... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 1, 2019

You really need to find a way to at least consult in person with an attorney. The Requests may not be valid at this point under the support discovery rules but, if there's a divorce pending, they probably are. There's no way I can provide you with reliable, specific information under the... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: How long do I have to counter file?

My wife served me my acceptance of service and divorce papers 25 days ago. From what I understand I have 30 days to sign acceptance of service, but I also was under the impression that she was not allowed to give them to me, it had to be certified mail or Sheriff. Also I don't know how long I... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 1, 2019

You really should be meeting in person with an experienced family law attorney. You already have a lot of questions and this case has just started. You can't defend a divorce case by soliciting online advice every step of the way. Even though she handed the Complaint to you, you can still sign... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I was a victim of abuse for ten years back in bout 2008 the judge allowed him to

Plead out to ten yrs minimum judge said he deserves a yr for a yr now I had not too severe back problems two bad discs from his kicks well now ten years later I have rsd I’ll never be better I’ll suffer and get other disorders from this one I got from my progression in life all results from his... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 1, 2019

Hi. Two things. First, you should never provide identifying information about yourself on an online forum like this. Frankly, if possible, I'd suggest that you take this post down and, if you still want someone to respond to your issues more specifically than I will, repost it without your... View More

2 Answers | Asked in Divorce for Pennsylvania on
Q: Are a spouses promises to aid financially binding?

My husband has made promises to support me and help pay for the mortgage since the time he first left me. Now, he became angry and stopped that financial help. But a week later, he decided to help until refinancing is done. We have no legal document at this point in time.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 1, 2019

No. You should consider filing for spousal support. However, since he's currently paying, I encourage you to consult in person with an experienced family law attorney in your area to make sure that what he will be voluntarily paying in the near future is not more than what he's]d likely... View More

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2 Answers | Asked in Family Law for Pennsylvania on
Q: If you got married in Mexico, does Pennsylvania recognize it as a legal marriage?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 1, 2019

Yes, as long as it was a legal marriage in Mexico.

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1 Answer | Asked in Divorce for Pennsylvania on
Q: I will refinance to keep my home. I estimate $40,ooo in repairs. Does the state of home matter?

My husband feels it doesn't matter that pipes are broken, water damage on ceiling, leaking basement, broken hardware in bathroom, slanted and disgusting linoleum floors... just to name a few of the needed repairs. I know that no one would buy our house in its current state at the price Zillow... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 30, 2018

Yes, a certified appraiser should take the home's condition into account when he/she prepares the appraisal.

1 Answer | Asked in Child Support for Pennsylvania on
Q: How is a second part time delivery driver wages added to support? I already pay support based on my professional job.

My part time job has hours varying week to week plus tips. Tips and hours worked vary week to week. How does that factor into support calculations?

Doesn't seem fair to take how much I made in a year in my part time delivery driver job and use that for support calculations.

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 28, 2018

The court will usually calculate an average of the earnings from this second job, using what you've made during the months worked.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can child support be modified if the non-custodial parent gets married?
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 27, 2018

A support order can be modified at any time if the circumstances require it, but the marriage of one of the parents is rarely such a circumstance. Only the parents have an obligation to support their children and so their spouse's incomes are not included when support is calculated.

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: Can you get in trouble for threatening to call the cops for past abuse if the abuser doesnt do something you ask?

Okay so my friends ex use to hit her all the time and she has pictures but she never called the cops on him and then they broke up and she threatened to tell the cops about it if he didnt come home could she get in trouble? He has hit her again after the threat but she is scared to call the cops... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 26, 2018

I suggest that you urge your friend to go to a domestic violence organization in her area to discuss this situation. It's not good for her to continue in this relationship.

2 Answers | Asked in Child Custody for Pennsylvania on
Q: is there a way for the man to gain custody back from the grandmother of the mother?

would it help if he left the mother? This is happening to my brother

edit: this should say mother of the mother; the children's grandmother

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 26, 2018

This is a question your brother should be asking an attorney in the attorney's office. There are too many factors involved for any of us online to venture a guess. Please urge him to schedule a consultation with an experienced family law attorney.

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1 Answer | Asked in Child Custody for Pennsylvania on
Q: If a custody order was modified but nothing modified about Christmas does that holiday go off of the previous order?

Or does it have to be discussed between the custodial parents?

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 24, 2018

That would probably depend on the exact wording of the newest order. We often say something like "all other terms and conditions of prior order remain in effect" or something along those lines. if in doubt, you should probably follow the terms of the prior order but if you want to work... View More

2 Answers | Asked in Child Custody for Pennsylvania on
Q: I have two kids with my ex. She moved in a guy that she met while in the mental hospital. She won’t tell me his name

She is remarried with an infant child. She was diagnosed bipolar and depression disorders. Was having suicidal thoughts and had two ten day stays in the mental hospital. I guess made a friend in there with the same issues and has now moved him in . It’s been two weeks now and I’m just finding... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 26, 2018

You can file a petition to modify the custody order and/or engage an attorney to write a letter as suggested. I would tend to believe that the petition will ultimately be the better approach due to the mother's problems and her rebuke of your request already. One other thought is that, if... View More

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2 Answers | Asked in Child Custody for Pennsylvania on
Q: Hi i have a sixteen year old daughter that does not like going to her fathers house because he gets her and drops her

Off at his parents house what can i do

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 26, 2018

I agree that trying to talk to the father first should be your first approach. If that fails, then you can file with the court to modify the custody order.

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