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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can the father of my daughters children take them if there is no court order?

My daughter lives in PA and the father of her 2 children lives in Delaware. There is no court order as she just recently moved here and hasn't had a chance to get to legal aid and apply for custody.

The father keeps threatening to come take the kids and we're wondering if he can... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 23, 2018

Yes, he can because he has as much right to the custody of their children as she does. She'd better get to the court house on Wednesday and start the custody proceedings. However, if she hasn't been living in PA for at least the last six months, PA may not have jurisdiction. Here's... View More

2 Answers | Asked in Child Custody for Pennsylvania on
Q: Are vacation details and itinerary required to be provided to primary custody parent?

When having partial custody and the courts know about a planned vacation, are we required to provide an itinerary of flights, hotel, and activities?

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 26, 2018

If your order requires it, absolutely. Even if the order doesn't require it, it's always a good idea to keep the other parent in the loop. Remember, wouldn't you like to have that information if the tables are reversed?

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1 Answer | Asked in Divorce for Pennsylvania on
Q: I just got divorce papers and he wants to throw the kids and I out in thirty days. Even though I have primary custody.

Even though I have primary custody. Can he do that. His name is on the mortgage. But we have lived here together for 16 years.

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 15, 2018

It's very difficult to know exactly what legal papers you received without reviewing them. I strongly urge you to take everything you received to an experienced family law attorney to review them in person and explain your rights and options.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Child support be less or more when two kids attend pvt school and one kid goes to college and the other still at home?

My ex husband makes way more than I do. We have shared 50/50 custody of my 17 years old son who is a senior in high school and my daughter in 4th grade. My ex husband pays me child support and also pays both kids private school tuition (very expensive). Will I receive less or more when my son goes... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 13, 2018

If the private school tuition is included in the actual court order then you may be looking at a reduction in your order just because one child's tuition will be coming off the order. You could meet with an experienced family law attorney to discuss in more detail and go over the numbers... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Pennsylvania on
Q: Help with children and youth difficult ex husband

My step son 8 years old with autism runs out the front door every chance he gets everytime i have added a new security device i have cameras locks that send notifications anyways Sunday he got out my notifications went off i was right behind him i got him home no police involvement children and... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 13, 2018

Honestly, it sounds to me like you and your wife need to sit down for a detailed in person consultation with an experienced family law attorney. I'm sorry but some of what you said here doesn't make a lot of sense, complicated by the lack of punctuation I suspect, but even with periods... View More

2 Answers | Asked in Divorce for Pennsylvania on
Q: box 22 of divorce complaint. I moved out and wife is staying at same address we lived at. What date should I use?

The date we moved in together or date she started living there on her own

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 13, 2018

I agree with Attorney Hall. You're using some form that we don't use. We'd need to know what "box 22" says.

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2 Answers | Asked in Child Support for Pennsylvania on
Q: If I have another important matter the day I have a court hearing for child support can it be rescheduled to another day

I have another important matter the same day I have court or child support would they be able to reschedule it or give me a later time

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 27, 2018

Perhaps. By now I assume you've requested the continuance.

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2 Answers | Asked in Child Custody and Child Support for Pennsylvania on
Q: Do i have the right to file for child support and a custody modification all in one day?

I have a shared custody with my childs father i have physical custody and he has every other weekend every other specific day of the week ?

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 13, 2018

Absolutely. Mr. Hall has explained where you'll likely be filing your petitions. Note that it is very unlikely that, by filing them both on the same day, the two cases will be scheduled for the same day, unfortunately.

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2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Q: Will the increase the payments if I lost my job and can’t afford to for daycare for my son or medical bills

We don’t live together and he’s doesn’t put a roof over our head I have my own house and he has his own house should I take proof that he’s been harassing Me to take him off child support

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 27, 2018

I agree with Attorney Fox. I think you're asking if your support order may be increased if you've lost your job. Maybe. It depends on why you lost your job and how much the father earns. If you're not working you don't need daycare but bringing proof of what it would cost with... View More

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2 Answers | Asked in Child Support for Pennsylvania on
Q: What should I do or bring he bringing paper work that he pays mortgage

We live in two different houses he keep’s bringing up that he pays mortgage what should I do he keep trying to scare me saying he got a lawyer he doesn’t want to pay child support at all

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 27, 2018

You should bring good documentation of your income, such as six months worth of pay stubs if you can get them, including your mist recent one. You should bring proof of daycare and before and after school costs. If any of the children has expensive activities, such as dance or ice hockey, or has... View More

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2 Answers | Asked in Child Support for Pennsylvania on
Q: Paid support after company aquired. New company sent to wrong State. I’m now in arrears. Company to correct. What now?

New support order is factoring arrears even though I have proof of paid garnishment. Will new garnishment be corrected?

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 27, 2018

Your local Domestic Relations Office should be able to follow up for you to ensure that your payments are credited to you. Whether they can avoid withholding for the "arrears" that exist of record until they clear matters up is another issue. It's possible that your payments are... View More

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2 Answers | Asked in Divorce for Pennsylvania on
Q: My divorce is final, My ex has yet to remove my name from the mortgage and refinance

I have been divorced for a while and she was given 30 days to refinance. My attorney advised that she could be held in contempt and she still has not refinanced the home. I also put a large portion of my 401k into the house and then left that job. I want my 20,000 grand from the home, and want... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 11, 2018

Follow your attorney's advice, which is probably to file to have her held in contempt and force her to comply with your agreement or order.

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2 Answers | Asked in Child Custody for Pennsylvania on
Q: I currently have an attorney but feel as though nothing is being done. I am in a custody battle and going to pre trial.

My daughter is 12 and I let her live with her dad for a year. After the year 8she wanted to return home with myself and her sisters. Things have got very bad and her dad is emotionally and verbally abusive. I held a 3 year PFA due to his violence. His attorney states that he has a horrible temper.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 27, 2018

You have an attorney. You should follow that attorney's advice. Often the court system seems painfully slow when you're in a situation such as yours. It's hard to see your child hurting so much and not be able to do much about it. Hopefully you'll get a trial date quickly.

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1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Is it possible that the payments get decreased due to my son father paying mortgage

I lost my job because of my criminal history my sons father keeping bringing up his other kids and his mortgage payments I also pay rent and other bills do I have to bring my lease to court

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2018

Unless the mortgage he's paying is on a home jointly owned with you, no. mortgage payment and your lease payment aren't relevant in support court.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My son is 16 years old in the state of Pennsylvania and left his father because he did not want to stay there anymore ..

He's been staying with me in New Jersey we went to court today and the judge said he is not able to make that decision that he is rebelling against his father I don't want to force him to go home in fear that he may run away what legal rights does he have at 16

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2018

Apparently the NJ judge made his decision and now, I'm assuming, you're back in PA court. I suggest that you consult with an experienced family law attorney in PA. At 16, your son does not get to control his future but the court will at least listen to the well-reasoned thoughts of a 16year old.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Can or should a temporary relief/temporary custody petition be made for emotional abuse? Especially when favored parent

Is using delay tactics to solidify conditioning of child against rejected parent? And there is written evidence of this?

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2018

You should really be discussing this issue in person with your attorney or, if you don't have one, an experienced family law attorney in your area. It would appear that there are several issues that need to be reviewed before a reasonable response can be provided.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Evidence in child custody case - if one parent lives in a one-party consent state, and therefore lawfully recorded a

A phone call in their state, and had it transcribed, is the transcript admissable to the Custody Master in PA? It contains undeniable evidence of that parent interfering with the reunification and visitation process they are in court ordered counseling for.

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2018

This question is clearly one for NJ attorneys since PA is a two party consent state. I suggest posting it again to see if it shows up in the queue for the NJ attorneys

1 Answer | Asked in Child Support for Pennsylvania on
Q: Is it possible for support to continue for college student living at home, if the loss of it would have a severe affect?

I am low income, no matter how hard I work and trying to get support for my son who'll be living at home for college. I'm struggling even with support & I will not be able to support him myself. In addition he has a learning disability that would make it difficult for him to succeed... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2018

Unfortunately, compassion is not what's going to help you in this case. In PA, absent a written agreement to the contrary, child support ends when a child is 18 years of age and has been graduated from high school. If a child is incapable of supporting him or herself due to a mental or... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: if I lost my job will the decrease my sons child support payments

My son father keeps threatening me about taking him off child support but he doesn’t help take care of our son and he telling me that when we go to court the 19th they are going to decrease the payments is that possible he doesn’t want to pay anything for our son

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2018

This is a tough question to respond to. I believe you're saying you lost your job. If so, the court will want to review why you lost your job and depending on it's findings about that, the court may either keep you in at your old employment earnings or lower them. If your earnings are put... View More

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