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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: Can garnished payments for child support arrears be modified by custodial parent via court?

NCP arrears payments that were approved by court are being garnished out of his pay, but now CP wants payments to be increased. Can CP have court increase arrears payments, and if yes, under what circumstances? All kids are over 18, no longer live with CP and 1 passed away in 2015.

Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

The CP can request that the court increase the arrears payments. Whether she/he will be successful depends on a number of factors. A petition would have to be filed in order to make this request.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Where can I get full copies of my child support case
Kathryn Hilbush
Kathryn Hilbush answered on Dec 11, 2019

You'll probably have to go in person to the Domestic Relations Office which is handling your case. Be forewarned that they may charge you for every copy so you may want to think about what documents you really need. They can also give you a print-out of your payment . You can call first to... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: I'm required to pay support until kids are 23 (in college). However mom put them out of her home at 18.

I want money to go to children. Order was placed in NJ. Kids lived in WV but are currently staying with my mother in DE when not in school.

Kathryn Hilbush
Kathryn Hilbush answered on Dec 2, 2019

You're going to have to ask this question of an attorney who practices in whichever jurisdiction is administering this order. It appears that would be NJ. You may have to change your location because right now your question is going out to PA lawyers.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Is it illegal in the state of pennsylvania for the mother and father to ride together to a child support hearing?
Kathryn Hilbush
Kathryn Hilbush answered on Dec 2, 2019

No, not unless one of them is subject to a restraining order regarding the other one..

1 Answer | Asked in Family Law for Pennsylvania on
Q: What forms do I need to change the venue of a custody case from one state to another?

The venue originally should hv been held in WV where my child had resided from 3 months of age to the present day. He is now 2 yrs 7 months old. The opposing attorney and judge are crooked in PA where the case is being held presently. It has been 2 yrs as well. I need to get the venue changed from... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Nov 26, 2019

You can always consult another attorney. Usually, despite what you believe, there are good, legal reasons why a case is not moved to another jurisdiction., For example, the length of time the child has resided in the current jurisdiction.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife has filed for a divorce but I want marriage counseling because I believe we can work things out. is it possible

We got married in Collingdale Courthouse PA. Could we get marriage counseling to save our marriage under the Pennsylvania Statutes?

Kathryn Hilbush
Kathryn Hilbush answered on Nov 26, 2019

Yes, the divorce complaint will give you information about filing for counseling. You'll have to file a petition for it. The court can order up to three counseling sessions. usually the person seeking the counseling is responsible for paying for it.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I easily get full-custody?

My ex-wife has primary custody and it has been a nasty battle of manipulating the kids against me and a lot of disparagement about me to the kids (judge has already warned her about these issues). She is moving out of state and we have already been to our first court date, as I was not agreeing to... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Nov 19, 2019

By now you should know that nothing is easy in custody when the parents aren't 100% on the same page. Also, there is no such thing as "full" custody. Perhaps you mean primary physical custody? I suggest that you consult with an experienced family law attorney to get you through this.... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: My sons mother keeps asking me for money on top of the money i give my son on the side. Can I put myself on child sup.?
Kathryn Hilbush
Kathryn Hilbush answered on Nov 17, 2019

You could but first you might want to figure out what the result might be if you were subject to a support order under the PA Support Guidelines. There are several support calculators available online, one through the PA Department of Health. I suggest you either work with one of those or, even... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: As an unmarried mother, would it be legal to move to another state with my child?

I have a chance to make a new life in a different state and I was wondering if an unmarried mother with no custody order could move to a different state I live in Pennsylvania. Right now at least.

Kathryn Hilbush
Kathryn Hilbush answered on Nov 13, 2019

Most family law practitioners will tell you that you need to follow the PA child relocation procedures prior to moving the child, even if there is no custody order.

1 Answer | Asked in Family Law for Pennsylvania on
Q: I have a 14 year old that I gave my parental rights to my aunt and she now has custody I am back in her Life is there a

Is there any way that I could have any rights back to her and they are talking about not letting her see me anymore and it is devastating her

Kathryn Hilbush
Kathryn Hilbush answered on Nov 3, 2019

If you agreed to a custody order, you can file to have it modified by the court

1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: My 18 year old daughter would like her stepfather to adopt her and be able to legally change her name to ours,

Her birth father has not really been in her life for 3-4 years. Would her biological father need to sign off any rights for her to legally be adopted now that she is an adult? We reside in PA.

Kathryn Hilbush
Kathryn Hilbush answered on Nov 3, 2019

No, as an adult she does not need parental consent.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can you file for support in Pennsylvania if the childs home state is Maryland. Mother left and took baby
Kathryn Hilbush
Kathryn Hilbush answered on Oct 30, 2019

This is a bit confusing. Who's filing for support? The mother who left the state and took the child? How long has the child been in PA, is it? You should probably speak in person with an experienced family law attorney and set forth the facts in detail.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Does child support increase in Pa when the child turns 12 years old
Kathryn Hilbush
Kathryn Hilbush answered on Oct 30, 2019

Not unless the specific facts of the case warrant it.

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: My sister and her husband returned their adopted daughter to children and youth services without notifying any family.

Several of us contacted children and youth services and expressed being kinship foster parents and kinship adoption as soon as we found out the child was placed into care. The caseworker is completely disregarding us as options even though we have had healthy, positive meaningful relationships... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 30, 2019

It sounds like the one among you who you believe has the best chance should hire an attorney and go from there.

1 Answer | Asked in Family Law for Pennsylvania on
Q: I live Philly my son turns 18 in February and graduates from high school in June does my obligation automatically end?

Does child support just stop who notified my job to stop garnishing my wages?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 30, 2019

No. The custodial parent may receive correspondence form Domestic Relations asking whether the child has been graduated from college by the time he turns 18 and, if not, when the graduation date is. If that parent sends the paperwork in, then the case will be diaried to stop charging at graduation.... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: will changing from partial custody to 50/50 decrease what I pay in child support? Dad still isn’t working and I am.

I will now have shared physical custody instead of partial. I work and sons father doesn’t. Can what I was paying with partial custody be decreased now that I will have my child 50/50? Dad can, but chooses not to work. Is this okay? Can they ask him why he’s unable to work? Should I pay the... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 8, 2019

Your order may decrease but it's all dependent n your relative incomes. You should consult in person with an experienced family law attorney in your area to discuss the best way to present the case in regard to the father's alleged inability to work.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is carbon county open to 50/50 custody?

I was staying at my parents house for the duration of a drawn out divorce. I was given every other weekend based on my distance. I am purchasing a home within the same school district and less than 10min from where my children reside with my ex. I want to be an equal parent to my children but my... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 6, 2019

I can't speak to Carbon County specificallylly but most counties are.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I am 17 and in December I will be 18. Would I be made to return home if I moved out without my parent's permission?

The other day my dad had given me the choice to leave but he has since retracted that since I stated I did not want to live with them.

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

You can leave when you're 18 but don't expect your parents to provide for you. Maybe try to work things out instead?

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I are US Legal residents in PA state. She owns a house in India acquired during our marriage.

If I file for divorce in US will I be able to get half the property?

Do we follow US laws even thought the property is in India if the divorce is filed here? How long will the divorce take? How much will it cost?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

You have quite a few issues and it would be best if you schedule an in person consultation with an experienced family la attorney in your area to discus them in detail. yes, the property in India can be dealt with during the property division phase of a divorce filed in PA.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I've been getting support for 9 years now. Suddenly 2 years ago he pulled some sort of strings and I've only been receiv

Checks for one of our two children since 2017. Now suddenly July of this year I stopped receiving payments all together. I've verified he's still working. I can't get in touch with anyone feom family court's division. Any and all help is greatly appreciated thank you everyone in advance

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

Keep trying Family Court. No way of knowing why from where I sit.

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