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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Child Support for Pennsylvania on
Q: When change job does your support go up
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 17, 2018

It could. Or it could stay the same or even go down, depending on what the other parent earns.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My child is over 21, still living at home - can't get a job. Can I ask for child support?
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 17, 2018

Not unless your child is incapable of supporting himself due to a mental or physical disability.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Baby born in PR and potential father is in Pennsylvania does he have to pay support if baby doesn't have his last name?
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 16, 2018

Yes, if he's determined to be the father and an order is entered against him.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Wife doesnt claim tips in w2. Tips doubles her income. How do I get judge to include that for child support?

Wife claims 55k. She makes double that bc in real life she makes a ton of money in tips. I am straight w2 of 105k. How can I get judge to include that huge increase of tip salary so I don't get crushed in an unfair child support payment. My wife probably makes more than me but its not on paper! Help

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 16, 2018

Did you file joint tax returns on which the tips were claimed? If not, you may have some difficulty claiming now that she has that income when you didn't reveal it to the IRS. You should discuss your situation with an experienced family law attorney in your area. You don't what to admit... View More

2 Answers | Asked in Child Custody for Pennsylvania on
Q: Father has filed for joint custody. The hearing is before l meet with my lawyer. Can I get the hearing date changed?
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 16, 2018

I agree with Attorney Hall. You should be able to obtain a continuance in order to retain an attorney. If the attorney has already been retained but you just haven't met to discuss the current action, he/she should request the continuance.

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1 Answer | Asked in Child Support for Pennsylvania on
Q: can you file for child support increase if you don’t have a job and are claimed as a dependent on husbands taxes.

I have a current order but I am a stay at home mother now with my husband. I want to file for a increase but don’t know how it would work in pa since I have 2 more kids but don’t work. What income do they use.

My husbands or my last job

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 15, 2018

They can assign an earning capacity to you by, for example, using your earnings from your last job, or decide that you're capable of earning a specific amount of money based on your skills and experience. They can also take into account that fact that your husband supports you, but they will... View More

2 Answers | Asked in Child Custody for Pennsylvania on
Q: I have a joint custody order. No corporal punishment clause. Paternal grandmother hit my child. I called Child protect

CPS. What can I do about the custody order contempt?

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 15, 2018

Since you've already reported this to CPS I agree that you might as well wait it out. A word of advice for the future - CPS has specific thresholds which must be crossed when determining whether striking a child amounts to abuse, some of them being causing injury or having the intent to cause... View More

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2 Answers | Asked in Child Support for Pennsylvania on
Q: I received a letter for a modification increase support i pay. It mentions discussion for retroactivity and overpayment?
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 15, 2018

Support is usually effective with the date the request was filed - that can explain the retroactivity language. As you can imagine, when an order is made effective several months in the past, any change from the old order can result in an overpayment or underpayment of support. That would likely be... View More

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1 Answer | Asked in Child Support for Pennsylvania on
Q: When u change a job what do u do

When change job can they get more money

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 14, 2018

If you're asking this in connection with a child support case, you should notify the Domestic Relations Office where the support order is administered to tell them about your new job. Then they can send out a new wage attachment. You're supposed to notify them anytime you change jobs.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: If my children's mother terminates the child support order against me I'm I still responsible for arrears
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 14, 2018

Unless she also forgives the arrears, then yes. If the arrears are owed to the state, then the mother cannot forgive them.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: State of PA Minor's legal guardians (aunt/uncle) signed over custody to state His father is trying get custody from NC

The minor lived in a shelter facility for children since July of this year and is soon being transferred to a children's home. They are currently waiting on the state of NC to proceed with its responsibilities. Why is a minor being kept in a children's home, sad, lonely, and scared during... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 14, 2018

It sounds like you need representation in PA as well as in NC. I suggest that you contact an experienced family law attorney in the PA county where the child was residing when placed in care. This is a long and tedious process and having representation can often get things moving faster.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I have three children two with my girl friend l live with and one with the person that is filing for child support.

How much will I have to pay if I support all of them

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 14, 2018

It depends entirely upon what you and each of the mothers earn and what additional expenses there are for the children. Child support in PA is strictly income-driven and your question cannot be answered in the forum. The court can't take more than 55% of your total income for basic child... View More

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My daughter is 17. She has been living full time with us since Oct. I am filing for support.

My ex and I never went through the courts. We did 50/50. A few other times, she lived with my husband and I full time through her sophomore and jr. years of high school. We never asked for money during that time. My ex and I agreed that it would help her live with one person full time to help... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 14, 2018

You've already spoken with a local attorney and obtained what sounds like decent advice. You don't have to have a custody order in order to obtain support. You can demonstrate that she lives with you through school and medical records and other paperwork which would tend to prove that she... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: I hired a lawyer back at the end of 2016 for my divorce. He started it then. it’s not done. Can I finish it?

I have been separated from my husband over 4 years now. And he is willing to be divorced.

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 14, 2018

Probably but you're going to have your attorney remove his/her appearance removed from the case and file as a self-represented party. Check with your court house for the correct procedure. Many counties have the self-represented party form available online to be downloaded and printed. and.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Am I responsible for mortgage in both our names after divorce if my ex dies?

He can't refinance as agreed on. He had 90 days to do so. His health isn't the greatest. My concern is if he passes, am I liable for the mortgage since my name is still on the loan and deed, even if it states in the divorce papers that I'm not?

We had life insurance on the... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 14, 2018

These really are questions you should be asking your divorce lawyer. I can't interpret what your divorce papers say without actually reviewing them. As far as the insurance goes, it would depend on who the beneficiary is. I strongly urge you to consult with your divorce lawyer regarding your... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Do I have to file a relocation notice in PA if staying in the same school district and it doesn't affect current order?
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 14, 2018

If the relocation will not interfere with the non-custodial aprent's time with the child by, for example, increasing the travel time significantly, then you should be okay without sending a relocation notice. However, since I don't have all the details, I can't be certain. You may... View More

1 Answer | Asked in Adoption for Pennsylvania on
Q: What questions should I ask my lawyer about adult adoption?

I am 28 and asked my step-father to adopt me. I am meeting with the lawyer tomorrow and just want to know what questions to ask him.

I live in dauphin county PA but have had no luck finding forms or anything

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 9, 2018

Just ask the lawyer what the procedure is and what the costs will be. If the attorney is knowledgeable, he/she will be able to explain everything to you and answer the questions that will come to mind. If the lawyer can't fill in all the blanks, you may want to consult with another one. One... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Is it normal in PA for the parent making the most to pay child support, even if they have primary custody?

I make $3900 from veterans disability and have my kids, and pay my ex alimony and child support. It is not court ordered because I don’t want this to go to court. I am afraid she will take the kids. We technically have shared custody, but the children live with me.

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 8, 2018

No, that's not normal but I assume that your order is based on having 50/50 custody. If you want to change that officially, you'd probably have to file a petition to modify the order with the court. perhaps you would benefit from having an in person consultation with an experienced family... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Does the new spouse have to pay support if the husband pays support? his kids, not my kids!

We're getting married next year, but I'm worried that my fiancés child support will go up if his baby mama takes him to court once we're married. Can she (baby mama) add my income as his income once we're married?

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 8, 2018

No, only the parents have an obligation to support their children.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: What can I do to get seeing rights for my brother?

My aunt has my brother and I would like to see my brother more then once a year

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 8, 2018

The issue for you will be whether you have what is called "standing." You should schedule a consultation with an experienced family law attorney in your area to discuss your situation n detail to determine whether you should file a petition or try to work with your aunt outside of court.

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