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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Family Law for Pennsylvania on
Q: Can a couple who are separated but are hoping to work it out file a quitclaim deed removing 1 spouse from the deed but

leaving that spouse on the mortgage. we are hoping to take turns living in the house every other week so that our son's life is not disrupted while we are trying to work things out. I had a home and sold it in order to purchase our current home. my wife came into the marriage with debt.

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 8, 2018

You could but I urge you to discuss this in person with an experienced family law attorney in your area. The ramifications of doing this are rather significant and you should know what they are before you decide to take this step.

1 Answer | Asked in Family Law for Pennsylvania on
Q: Do I have to pay child support when my ex chooses NOT to work and remarries?

My ex will not get a job and her min earning capacity is set at $40k. We have joint physical custody (50/50) but I am paying my ex because my income is greater. She is getting remarried and takes all of these lavish vacations, etc. while I struggle every month. What are my options in cutting my ex... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 5, 2018

If she earns less than you, even with 50/50 custody you may have a support obligation. It appears that you were already successful in having an earning capacity attributed to her. If you think it should be higher, then I suggest that you consult in person with an experienced family law attorney in... View More

2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: My ex girlfriend is trying to put a pfa on me. She has the temporary but I have yet to be served.

The temporary PFA first went into effect on the 9th of October it got extended on the 15th and I have yet to be served. I called the local sheriff and he says he hasn't received any information regarding service papers yet. If she didn't put in service papers does that mean it will be dismissed?

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 8, 2018

Attorney Hall is correct - don't ignore the situation. Contact a local attorney experienced in family law to represent you and go to court to defend yourself or otherwise resolve the case.

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2 Answers | Asked in Family Law for Pennsylvania on
Q: The father of our grandson moved out of PA to Montana with our 2 year old grandson. He failed to notify court / mother

What rights as grandparents do we have, as he refuses to provide address in Montana where he is and will not allow us to make contact with our grandson via video, phone, etc. My daughter, the mother is currently in Prison and therefore was not given any notification. He does have custody of our... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 3, 2018

Sit on in person with a local experienced family law attorney. There's not enough information here to discuss whether you may have standing to obtain custodial rights in this situation. Also, just because your daughter is in prison doesn't mean that he was relieved of the requirement to... View More

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1 Answer | Asked in Child Custody for Pennsylvania on
Q: What’s the process of bringing my child home once I’m granted custody?

My mom watched her overnight and refused to give her back I filed for custody and we’re currently awaiting a decision and need to know the process to bring her home once I get custody.

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 3, 2018

If you're awarded custody, the master or judge can set forth how the return is going to work. If you have any special concerns, address them with the judge.

2 Answers | Asked in Child Support for Pennsylvania on
Q: Do you still have to pay child support for a 17 year old who is signed out of school and has GED?

Paying his child support, cellphone bill, health/dental/vision insurance. He is working and barely even sees his mom. We bought him a car but we don't think we should still have to be paying child support.

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 28, 2018

Usually yes because he's not considered emancipated until he becomes 18.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Pennsylvania on
Q: Will a husband be financially responsible for a child if wife cheated and got pregnant from another guy?

This couple has a tender age child. Father is always with child while mother always goes out. Father wants to divorce but terrified right now. Needs urgent legal advise asap. He wants custody of child. Mother has alcohol and possible drug issues. Both spouses still live at same residence. Need... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 28, 2018

Father needs to obtain in depth legal advice from an experienced family law attorney in his area. We on this site are not in a position to respond to a question such as this.

2 Answers | Asked in Family Law and Divorce for Pennsylvania on
Q: In a divorce degree, a 529 account that was considered separate property, I agreed to use the funds for my daughter'

education pursuant to the laws of PA. She went into the military and college tuition is paid for. My ex wife is now sueing me for the money for books, I am the owner and for various reasons do not want to turn over this money. THe agreement also states that my ex wife releases me from all claims... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 28, 2018

A careful review of your property settlement is required in order to give you a reliable response. Frankly, the possibility of your daughter not being able to use the 529 account should have been dealt with in your settlement agreement. Also, if she wanted to go to graduate school, for example, she... View More

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1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: When a child is sent to juvenile detention, are both parents legally obligated to pay support to the detention center?

Father was paying court-ordered support. Child went to juvenile home. First month, the ordered payment still went to the mother. Then the father received order to pay same amount but to the juvenile center. How can he find out if the mother was required to make payments also? Child just came... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 24, 2018

You could be correct. I suggest that you sit down with your Domestic Relations caseworker to make sure that you're not being charged with arrears on the state case for the funds you paid. It all depends on the effective date of the orders.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Is there a time limit on when a PFA must be served to somebody?

Is there a time limit on how long a person must be served a PFA/order of protection?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 23, 2018

Not that I'm aware of. The sooner the better obviously.

1 Answer | Asked in Adoption for Pennsylvania on
Q: we have custody of my cousin kids and was thinking of adoption. could you tell me the pros and cons of it.

they have been in our care for 2 years and the parents haven't done what they are suppose to do. we do not have a casework the case was closed a year ago. any information would be helpful

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 23, 2018

It's not really possible to tell you the pros and cons about adopting these children. That's for you to decide, but it's really not all that hard to figure out. Adopting them would make them your children in every sense of the word except biologically, with all the joys,... View More

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: My son is 29 His father never showed for DNA test and he ran from child support to alabama. Is there Retro what can I do

I filed at birth his father moved or changed Jobs to avoid paying for years. He never paid a dime. Domestics could not find him What can I do Does Al have retroactive support ?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 20, 2018

If you filed for support and the case is still open, perhaps. The first ting you should do is to contact the domestic Relations Office where you filed and then meet with an experienced family law attorney in your area to determine what, if any, recourse you may have.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Hi I’m a mother that’s trying to get full custody of my 4 month old daughter that’s been with me since she’s been born?

She’s only been with her dad 3 times without me and the last time she came home with swollen red eyes and her voice was hoarse from crying.... I don’t trust him alone with her

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 20, 2018

Many considerations come into play when a court decides how custody of a young child should be structured. I would suggest that, based on what you've indicted here, it's unlikely the father will be precluded from seeing your daughter. Perhaps the answer may be a different type of... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Does the UCCJEA act define where the child has physically been for 6 mo. or had ties to? Such as WIC or medical benefits
Kathryn Hilbush
Kathryn Hilbush
answered on Oct 17, 2018

Typically it's evidence of actual residence, such as school or pediatrician/dental records showing the residence.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I went to police station in pa to press charges against my boyfriend for domestic abuse in a different county then where

The abuse took place and now the police in the county where it happened needs me to come in before they can charge him and i dont want charges pressed. Should i go in or i should i just not go

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 17, 2018

I suggest that you contact them to tell them you've decided not to proceed any further with the complaint.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I am a resident of PA we just bought a house in OH there is no custody agreement do I still need to send a notice?

He hasn't seen her in almost 4 years

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 17, 2018

Technically yes. The state rules require the notice, but I suggest that you spend the time to consult with an experienced family law attorney where you currently live to obtain an opinion on how your court there will likely treat a situation like yours.

2 Answers | Asked in Bankruptcy and Divorce for Pennsylvania on
Q: Divorce is taking 4 years+, hold up is my wife's bankruptcy lawyer taking long on agreement, can i do anything to speed

it up? Divorce can't be finalized until there's an agreement with her bankruptcy lawyer about amount he believes I should pay towards her bankruptcy. He just is slow to answer, has taken over 700 days and still is not answering. Anything I can file or do to help speed it up?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 16, 2018

This question is, on the surface, rather odd because, unless she has obtained an order from the bankruptcy court allowing her divorce case to proceed, it cannot because the bankruptcy, as a federal action, overrides all state court actions relating to her assets. If you don't have an attorney,... View More

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: I am a father who lives in Pennsylvania. Do I have to give my ex-wife my new address when I have the kids with me?
Kathryn Hilbush
Kathryn Hilbush
answered on Oct 16, 2018

Yes, she has the right to know where the children are staying unless there's a court order to the contrary.

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2 Answers | Asked in Domestic Violence for Pennsylvania on
Q: Will you get in trouble if you are the plaintiff on a PFA order and don't show up for court

My cousin filed for a protection from abuse a week ago, she has since decided to move an hour away and decided not to even worry about fighting to keep it at this point. Her court date is tomorrow and she has no transportation there, would she be in legal trouble if she does not go?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 16, 2018

It's never a good idea not to show up, but if she doesn't the worst that's likely to happen is that her petition will be dismissed.

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