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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Child Support for Pennsylvania on
Q: ex-husband stopped paying child support. Few years later judge terminated his rights so my husband could adopt my child

My child is now an adult. Can I sue for the arrears that accumulated before my ex’s rights were terminated?

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 24, 2018

If the arrears are still of record, probably. You might want to check with DRO first and, if they are still there, ask how to enforce the payment of them.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can the recipient of child support put all of it into a college savings acct or doesn’t some of it need to b used 4 chid

I of my ex husband 400 plus s month for 13-14 years (ended 8 years ago) and I struggled as a single mom of 2 others. (I was working and going to college to be an attorney and lost custody because the judge thought I was busy). I even was arrested twice for being behind. I just recently found out my... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 24, 2018

No, the child support can be used in any manner. The court will not require an accounting. Be glad that the money's there for college. You might think about looking at this as a positive thing.

2 Answers | Asked in Family Law for Pennsylvania on
Q: If a spouse leaves the country after desertion of family leaving real estate how long do I have to wait to sell
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 23, 2018

if the property is in joint names you're going to need a court order to sell it.

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1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: After no contact order what will happen with domestic violence? In PA.

The neighbors called the cops and my husband was arrested because he grabbed my arm and put bruises on them. We are now in a no contact period until his court date. It was an argument blown out of proportion. What could happen. I want him back home.

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 23, 2018

I'm assuming that criminal charges were filed. Is that's the case,then it's up to the District Attorney's Office to pursue or drop the charges. Get word to your husband that he needs to hire an experienced criminal defense attorney who may be able to work something out with the... View More

2 Answers | Asked in Landlord - Tenant for Pennsylvania on
Q: mom loving hpuse. No rent just bills and up and left now power if off

She wasn’t to pay rent just utilities. But she left over a month ago and now the electric has been terminated to the property.

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 21, 2018

I'm sorry but I don't see a question here. Maybe your best bet is o make an appointment with a family law attorney to discuss your situation.

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1 Answer | Asked in Child Support for Pennsylvania on
Q: If the child hasn't been living in the home for the last 2 years is it in my right to stop paying child support.

My ex has had my daughter living in a home for behavior issues for the last couple years and doesn't look like she has any plans on her coming home at anytime but she still wants her child support for her.

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 20, 2018

It would seem there's more to this situation than is set forth here. How did your daughter end up in this home? Who's paying for her to be there? If she was placed there by the dependency court, then both you and your wife should be paying the state for her stay. If the mother has secured... View More

2 Answers | Asked in Family Law for Pennsylvania on
Q: Can my unborn child’s father and I have a notarized letter relinquishing his parental rights
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 20, 2018

The father cannot voluntarily relinquish his parental rights unless it is being done in conjunction with an adoption, Further, no one can do that for a child who isn't yet born.

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1 Answer | Asked in Child Support for Pennsylvania on
Q: Is it legal for CPS, after taking an adopted child back in the system to charge the adoptive parent's child support?

I am not asking opinions here. I am asking the legality, and would like to see statutes listed.

Copied from NACAC

Although child welfare professionals, adoptive parents, and child advocates cringe at the thought, situations arise where it is in the child’s best interest to be... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 20, 2018

As adoptive parents, they took on the responsibility to provide support and maintenance for the child. If the child is now in the dependency system, then they should be held responsible for paying support to help defray the costs to the taxpayers for the care and maintenance of their child.

2 Answers | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Would "circumstances" be considered simply as he feels he doesn't have enough? Will he have to show proof?

He also doesn't have no expenses, he lives with his fiance and her three kids with her father where they pay nothing. If he should lie, which he often does in court that he now has expenses i.e. shared rent, which isn't the case but is something he would lie to make payments less. Is... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 19, 2018

Usually the court will follow the support guidelines when calculating a support order, and those guidelines do not take expenses of the payer into account. The mere fact that he doesn't feel he can afford the support is irrelevant. And yes, he should be expected to provide proof of his... View More

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1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Can a man be sued for child support if he is suing for custody?

My husband has a 12 yr old that he is currently seeking custody of. The mother died and no custody was every established. The maternal grandma has her and went to welfare to get benefits. The state keeps bugging him about child support. He keeps telling them he is involved in a custody hearing that... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 19, 2018

Yes. Even though he has an action pending, the state is still paying the grandmother cash assistance for the child. He has an obligation to pay support until he gains custody.

1 Answer | Asked in Child Support for Pennsylvania on
Q: If I am not working how much can they make me pay for 1 child
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 19, 2018

It depends on why you're not working and what the court thinks about your employability. So, to answer your question, zero to who knows how much? You'd probably get a better handle on what you can expect in court if you sit down with an experienced family law attorney in your area and... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Pennsylvania on
Q: My alimony ends soon. To help bridge the $ gap, I am taking a 2nd job. Will this new income lower my child support?
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 19, 2018

Maybe but I would expect that the alimony was taken into account when the child support was calculated and with that ending your second job may not make a difference. Why not go see your divorce lawyer to have her/him address your concern and run the numbers? We really can't get into this in... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Pennsylvania on
Q: Can my 7 year old refuse court order visitation? She crys that she doesn't want to go because her mom beats her.

The children (7 year old daughter and 4 year old son) tell me they are locked in a room by themselves for days and their moms doing drugs. I've reported it but nothing happens. My daughter is scared to be at her mom's for to long. They have developed behavior issues due to going to their... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 18, 2018

It's good that the children are in counseling. I suggest that you continue to work with their therapist. She/he may have some suggestions. It's always hard to know with younger children how much they're saying is 100% accurate and how much is somewhat exaggerated. The therapist can... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can emotional teams and continuous no show to visits be grounds for terminating all physical contact
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 18, 2018

Spellcheck can be a problem so I acan't decipher what you meant to type that came out "emotional teams." However, repeated failures to show up for visits can be grounds for modifying an order. Whether a court would just eliminate visits is uncertain. It would depend on how egregious... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Pennsylvania on
Q: Can ex modify support in order for me to get financing to buy a house? Children moving in with me after buying house.

Asking to cancel court order in order to get conventional financing for a specific home. I would pay up front two months directly to my ex in exchange for cancelling. My kids are moving in with me after I buy a home so the finances will be appropriate once the move happens. How likely is it that... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 18, 2018

If you and your ex want to do this there's no reason for the court not to approve it, unless DPW is involved. I do suggest that you have an experieenced family law attorney draft the agreement for you so that it does what you want it to do.

1 Answer | Asked in Divorce for Pennsylvania on
Q: There is a civil judgement against me and my soon to be ex wife. How will the judgement be divided in the divorce?

Is there any way for the judgement to be taken by one spouse in the divorce? If one party take all the other debt, and one takes the judgement, will that be ok for the court.

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 15, 2018

The court might see fit to determine that one or the other of you should be responsible for the debt, or otherwise divide it up, but I don't see how that would be binding on the judgment creditor, who is not a party to your divorce.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Child support payments after signing over all parental rights?

I divorced in 2006. Signing over all parental rights, visitation and no obligation to child support. After 7 years I'm suddenly ordered to pay child support. What can I do with the lost time and possible visitations that was essentially stolen from me?

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 15, 2018

Nothing. You gave up your opportunity to be around while your children were growing up so that that you didn't have to pay support. Now you should consult an experienced family law attorney who will assist you in presenting to the court the best possible case for you to start reentering your... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: What kind of plan should I have in place prior to divorce filing? I'm concerned how he will react and for children?

I have been told I need to have a plan in place prior to filing the divorce. I am worried about how he will react with me (i.e. tell me to leave right away and I'm not sure where I'm going yet), and also think that if he does tell me to leave, he will insist that the kids stay behind.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 15, 2018

Whatever plan you need will be tailored specifically to your own situation. Honestly, there is no generic advice for this. I strongly urge you to consult with an experienced family law attorney in you area to discuss your circumstances and options.

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Ex husband won't respond or bring my son home. Please help.

Dad was in jail majority of 4 yrs after I ran away from his family for stalking me and threatening to keep my son while dad was in rehab. Dad kept viol. Prob. Our son liver w me all those yrs. No help. No support. He has mental issues. School prob. Dad and gf told him he doesn't need it and... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 15, 2018

If you have a custody order granting you primary custody, the local police might assist you in obtaining possession of your son, if you want to go that route. I'm rarely a fan of doing that, though. It can be very upsetting for the child. Your better choice is to file a custody petition. You... View More

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2 Answers | Asked in Family Law for Pennsylvania on
Q: Filing Motion to Request to Take Children Out of Country

A judge in PA issued a temporary custody order which included that neither my ex nor I could take the children out of the country without written mutual consent of both parents or an order of the Court. My ex refuses to even discuss the idea with me and I am trying to ask the Court to intervene.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 14, 2018

Try the county law library. You can't learn to practice law by googling. Or, here's a novel idea, retain an experienced family law attorney to prepare the motion for you.

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