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Questions Answered by Kathryn Hilbush
2 Answers | Asked in Child Custody for Pennsylvania on
Q: What are the chances father will get full custody if he has hundreds of pages of written communication showing mother

Dictating stipulations to family that father can't see kid or know kid is there and blaming it on insubstantial reasons, and then kept kid away for a full year saying kid didn't want to talk to him, but now we have phone call transcripts where kid literally says she's not allowed to... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2018

I agree with Attorney Hall and would add that those telephone conversation transcripts may not be admissible, depending on how they were acquired. You really need to sit down with an experienced family law attorney in your area to discuss your case.

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Does a DHS worker have to prove in court why children should be removed from their home? Or can they just recommend?

My friend claims that a DHS worker is fabricating claims that she is not working with her caseworker. Now the children are being removed from the home. Her concern is that the judge will rule against her favor and just take the word of the DHS worker.

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 9, 2018

Your friend is certainly entitled to put on her case. She might do well to consult with an attorney experienced in dependency law, though, because, frankly, in my experience, the courts usually believe the caseworkers far more often than the parents. A lawyer may be able to frame the case in more... View More

1 Answer | Asked in Bankruptcy, Family Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: Could you please provide information on joining current class action lawsuit against Ocwen Loan Svc'g for Pennsylvania
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 7, 2018

No idea. I'd google it and see if you can locate the information about the particular lawsuit you're interested in. I tried but, not knowing why you believe you may be eligible to apply to join one of the several lawsuits out there, my ability to come up with any sort of suggestion was too limited.

2 Answers | Asked in Divorce for Pennsylvania on
Q: My son has turned 18 and is a senior in High School. Does our custody agreement still cover him or is he an adult now?

Does my spouse have any leverage in making son come to visit her or demand I drop him off if he doesn't want to (now that he is 18)?

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2018

No, the custody order ends when the chid attains 18 years of age. I agree with Attorney Hall, though. It's never a good idea to permit a child. even an 18 year old, to cut him or herself off from a parent.

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2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Q: In 2012 I opened a case for child support and the father wasn't ordered to pay anything until he obtained employment

They after never updated his income even though he obtained on the record employment making more than me. In 2014 I asked for a modification but was told they couldn't see income for him and they would set up a conference asking him for documentation. I never received information and found out... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2018

I suggest that you contact a local attorney experienced in family law cases. The case may have been closed due to the fact that the DRO records reflected chronic unemployment, which you may still be able to dispute. In the meantime, it likely wouldn't hurt to open a new case too

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2 Answers | Asked in Family Law for Pennsylvania on
Q: Can my ex call back into domestics after modification hearing and be granted more without me there?

Had modification hearing and we agreed on 350 then she called back after and asked for more and they granted her 475 plus 50 a month for a total of 525

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2018

I agree with Attorney Pendergast. It seems that something else happened besides your ex calling DRO and having the order changed. You should contact the caseworker to get the full story and then perhaps consult with an experienced family law attorney in your area

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1 Answer | Asked in Child Support for Pennsylvania on
Q: My daughter turned 18 at the end of October 2018. The child support payments have stopped. Is this legal?

Don't the support payments continue until the child graduates high school?

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 3, 2018

Was the order vacated or did the payments just stop? It's possible that the dad decided it was okay to stop paying after she turned 18. You should have received a notice from Domestic Relations some time ago asking if, when she turned 18, would she have also been graduated from high school.... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: If Dad has an overpayment of support can he just stop paying the support until the overpayment has been depleted?
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 3, 2018

No because he's under court order to pay and could actually be brought in on contempt if he doesn't make his payments as ordered, even though there is a credit balance.. However, if he contacts his local Domestic Relations Office, they can send the mother a notice that he'll be... View More

2 Answers | Asked in Divorce for Pennsylvania on
Q: Looking for a divorce attorney in Warminster, PA bucks county

non working mom with a 20 month old child. Looking for a reasonable or pro bono service that I can afford. Husband not giving me money and will not leave the home (which is in my name) and will not pay any of the bills

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 3, 2018

You can use the Find a lawyer tab to locate an attorney who is experienced in family law and is in your county. This site is not a jobs board on which the attorneys are supposed to solicit business.

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3 Answers | Asked in Family Law and Divorce for Pennsylvania on
Q: Enforce a Marital Agreement post divorced

We were divorced a few month. In Marital agreement incorporated with Divorce decree that we agreed to sale the house and divide assets. The ex is not corporating to sale the house, what legal steps I need to take to enforce the agreement? Will I able to recover lawyer fee for work on the... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 3, 2018

If you had an attorney for your divorce, I'd suggest that you get in touch with him or her. If not, contact an experienced family law attorney in your county. Your agreement ,most likely sets forth means for enforcement of the Agreement. Most agreements also include language concerning... View More

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3 Answers | Asked in Child Support, Divorce and Family Law for Pennsylvania on
Q: Is child support mandatory in the state of Pennsylvania? I am in the middle of getting divorced and have 2 kids.

I have been the sole giver of their care and the sole income and want nothing from their father.

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 3, 2018

No, you're not required by PA law to seek child support from their father. Not knowing why you don't want anything from him, I can't judge, but I'd say give it some thought as any funds you might receive in support could be saved for the children if you so chose, even if you don't want it now.

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1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: My son's father may be going on Short term disability from his job for an injury. Is he still responsible to pay support

My son's father has said that if he is on short term disability his lack of payments will not go into arrears and that he won't have to make the payments. I am trying to find out what he is responsible to pay if he receives short term disability? Also if his short term disability can be... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 24, 2018

The court will determine whether his child support obligation continues, and at what rate. Going on short term disability does not automatically relieve someone of a support obligation. Yes, the payments can be attached for child support.

1 Answer | Asked in Family Law and Divorce for Pennsylvania on
Q: if i leave my husband can i have him pay for my lawyer? i live in pa and have been treated for depression and bipolar
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 24, 2018

In your divorce complaint you can request that an award for counsel fees be made. Then you'll have to follow your local county's procedure for having the matter listed for a court hearing. Usually litigants also file for alimony pendent lite, which is similar to spousal support, at the same time.

1 Answer | Asked in Family Law and Elder Law for Pennsylvania on
Q: My best friend has been placed in a nursing home permanently. How can I clean out her apartment for her?

My sister (actually best friend) has been placed in a nursing home permanently. Her immediate family will not clean out her apartment. It is paid up for the next two weeks, which is the end of the month. She has nobody else to do it. She stands to lose everything if the management has to clean it... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 21, 2018

When you say clean out, does that mean you intend to store her effects or get rid of them? Even though she doesn't have a will doesn't mean there will no be an estate raised. You might do best with staying out of this or, if your conscience won't allow that, then you could meet with... View More

2 Answers | Asked in Family Law for Pennsylvania on
Q: Oct. 1, 2015, P.L.172, No.40, eff. 60 days What will cause a parent yo be liable?
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 21, 2018

I see that you have the section of the law. It doens't look that confusing. I cannot assume what the circumstances are which have caused you to ask a question. I suggest that you make your question a bit more specific.

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2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Q: If my 2nd daughters mom takes me for child support. Will the 1st moms get a decrease?

I have a daughter to someone i dont care for and she took me to court and we make about the same amount and im pay $450 in child support. My 2nd daughter's mom is taking me for support and does not make anywhere near what i make. Will i be paying more on top of the $450 or will mom #1 get a... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 21, 2018

The court cannot take more than 50% of your net income available for support for the total amount of the basic support orders. So, if the total of the basic orders for mom#1 and for mom #2 exceeds 50%, then both orders may be reduced b the court proportionately if you request that the court do so... View More

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1 Answer | Asked in Divorce for Pennsylvania on
Q: What happens if I do not allow ex husband to visit the dogs as agreed upon in divorce decree?

The clause in my divorce reads: Husband shall have the right to return to the marital residence at reasonable times for reasonable periods of time subject to advance notification to Wife for the purpose of visiting the dogs acquired during the course of the marriage and remaining as of the date of... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 19, 2018

It appears that you may then be violating the agreement and there fore potentially held in contempt of court. I suggest you figure out a way to let him see the dogs. If he's being truly unreasonable, then discuss what options you may have with your divorce attorney.

1 Answer | Asked in Divorce for Pennsylvania on
Q: can a wife in Pennsylvania refuse to sign divorce papers after 10 years of being separated?

She will not sign because she wants to keep the health benefits...

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 19, 2018

Yes, she's not required to agree to a divorce. You'll have to proceed under the Section 3301(d) of the Divorce Code . You may want to consult in person with an experienced family law attorney in your area to learn how this is done or even to retain the attorney to do it for you, which is... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Question after 14 year pay support I get a new job and make more money to do better me so they can take more money out
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 18, 2018

Yes, if the guidelines work out that way, you may have to pay more support. Honestly, though, after 14 years of paying the same amount, even without a new job your order would probably have changed. Also, if the mother's earnings have increased, that will impact the amount of the support... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: How can they change it if the paper Say the amount on it
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 18, 2018

I assume your question is about child support. If the order is stated in terms of a monthly amount but you're paid weekly, then the attachment order will tell your employer the amount to withhold weekly, which is not exactly 1/4 of the monthly amount. If the order is not being paid in a timely... View More

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