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Questions Answered by Kathryn Hilbush
1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: i recieved court date scheduled october 2nd 2019 in hale county and im in pennsylvania
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 26, 2019

I don't know where Hale County is but you should deal with the issue with an attorney from that jurisdiction.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Why wouldn't the mother of my children's unemployment be taken into account for child support

I am currently married but recently separated. The mother of my 3 children (ages 10, 12, and 14) moved out in May to her parents house. We recently went to child support mediation where she was asking for $2390 a month; my monthly income is $3800, which will not allow me to even afford my... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 26, 2019

Her unemployment compensation should have been taken into account. Check the bottom left side of the order where the respective incomes of the parties are shown. If it shows zero for her then you should consider seriously appealing to a judge but be careful not to miss the appeal period .... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Modification of child support has been filed will they go back and correct original order?

Original order they calculated mandatory pension in net income

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 24, 2019

Hard to know. Depends on the circumstances surrounding the original "error". Usually, however, a modification is applicable from the date of filing going forward.

2 Answers | Asked in Child Custody for Pennsylvania on
Q: My child support was calculated wrong, they included my mandatory pension amount into my net pay? What can I do?

Modification has been filed will they go back and fix original order?

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 24, 2019

If the hearing was very recent, you can file an appeal. If not, then a modification is your best bet.

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1 Answer | Asked in Child Support for Pennsylvania on
Q: In Pennsylvania can you sue for past child support payments?

I filed for support 14 years ago and finally started receiving it this year, but they will only back date it for 1 year because that's the only time they can prove he worked.. so can I obtain a lawyer and sue him for the other 13 years? He was sending the domestics mail back to them and... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 22, 2019

I suggest that you run the whole scenario by a local attorney experienced in family law. The reality is that , if you can't prove he had income or that he had an earning capacity in those past years, there's not much likelihood that a support order will be entered for that time period.... View More

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My ex has been receiving CS for 2 years she was recently arrested 2 times for theft could CS be stopped because of it?

She has been in an out of jail since their birth only 2 years ago she came into their lives there 9 now so we went to court they immediately gave her 50-50 even being absent for so long. It’s been a battle she is well known in the courts but how addicts are viewed now is different than 10 years... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 22, 2019

Retail theft is not one of the crimes that the custody court is expected to consider when making a custody determination. I wouldn't think that you can have the support stopped based on these charges either. Obviously you're very frustrated with the court system but these arrests are not... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: Is there anyway I can stop my daughter from leaving state without being on the birth certificate.

I waiting to go to the courts and sign acknowledgment of paternity.Just seeing if any option is available.When I was paying child support I consented I was the father and she has lived with me for 4 years and she is 5

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 21, 2019

Yes, you can file a custody complaint and then, if appropriate, an emergency petition. There is a statute in PA that requires a parent who wants to relocate a minor child to either obtain the written consent of the other parent or a court order permitting the relocation. Bear in mind that... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can you be forced to continue to pay child support for a 19 year old who still has not graduated high school?

He failed 7th grade. Turned 18 in March of his 11th grade. He nearly failed again, was to attend summer school but did not. He is now a senior and will be 19 in March 2020. When can father petition to stop paying support?

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 20, 2019

You can file now but I suspect the court will cotinue the order until the end of this school year

1 Answer | Asked in Child Support for Pennsylvania on
Q: My Boyfriend just went back to court because his ex wanted more support for softball. Should he appeal that?

he now has to pay over 100 more for sport that she chooses to do. Can he get that reduced or removed?

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 20, 2019

He can but it's hard to say more since it's not known what level of the court system his hearing was in. If he was before a master and appeals to a judge, he always runs the risk of obtaining a less favorable decision. If the hearing was before a judge, the cost of appealing to Superier... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: I work 2 jobs and my monthly support order took the same amount from both jobs making me pay double the order.

They said they could cancel one of the withholding from one job but that I will not get my money back that I over paid for this month. Is that correct?

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 20, 2019

Could be. If that's the case, then it's likely that the overpaid money is being used to reduce arrears in the case.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Can two parents agree to terminate ones rights to a child? Or is that something a court has to decide?

Not pertaining to adoption, the mother doesn't want the child after birth and the father will take it

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 19, 2019

Yes, they can agree but it would be in the context of their child being adopted by another person, usually a stepparent. Be aware that there is a specific form and procedures for accomplishing this.

1 Answer | Asked in Adoption for Pennsylvania on
Q: contested adoption who will the judge rule in favor of Foster parent or relative who has custody of all other sibling

Foster parent does not allow sibling visits and I have kinship of brother

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 18, 2019

There are many factors involved in a contested adoption, each of which can sway the court one way or another. If you do not already have legal representation for this case, please retain an attorney experienced in adoptions asap.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I HAVE BEEN PAYING CHILD SUPPORT. HOW DO I GET THAT MONEY BACK, IF I DONT OWE IT?
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 18, 2019

I'm sorry but more facts are needed, such as how have you been making these support payments and why do you think you should get them back.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is it illegal to discipline a child with a belt in pennsylvania?
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 16, 2019

It could be depending on the intent of the person doing the hitting and the nature of harm or physical injury caused to the child. Best advice is don't hit the child with a belt.

1 Answer | Asked in Family Law for Pennsylvania on
Q: I need a family lawyer

In white haven Pa

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 16, 2019

Then look through the internet or on this site under the Find a Lawyer tab to find one or more to consult.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: How can I do that
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 13, 2019

Are you the person looking for a free attorney? If so, you contact the county bar association where the support case is and ask about their pro bono panel.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I need a free attorney for child custody I tried to do legal services but I only qualify for the free Packet

I can’t afford any attorneys

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 13, 2019

You can see if you qualify for the pro bono attorneys through your local county's bar association, but I suspect you will not if you don't qualify financially for Legal Assistance aid.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I have been paying child support past the age of 18..she is 24 years old an their trying to hold me responsible for $16

$16000.00 dollars

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 12, 2019

It sounds like you have unpaid support, or arrears, that you're expected to pay off. If you're confused, you should be able to obtain an answer from Domestic Relations.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I live in a house that I purchased after we were married. Can I sell it without her permission?

The house is in my name only. No paperwork has been filed and as of now no divorce is on the table?

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 10, 2019

Not if you're getting a divorce. She'll have you in court in a flash.

2 Answers | Asked in Family Law and Child Support for Pennsylvania on
Q: Does “PATERNITY ORDER ISSUED- DF EXCLUDED (stipulation) mean that the tested man is not the father? (Pennsylvania)
Kathryn Hilbush
Kathryn Hilbush
answered on Sep 8, 2019

Sure sounds like it, assuming he's the defendant.

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