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Questions Answered by Lisa Marie Vari

1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on

Q: Does my Fiance' owe her ex husband any money if she refinances the house out of his name?

They bought the house together and he lived there for 2 years before he packed his things and moved out. She stayed and paid the mortgage for the following 2 years while they were separated, they got a divorce a year ago. There's nothing in the divorce papers about the home. She wants to refinance... Read more »

Lisa Marie Vari answered on Jan 12, 2018

If his name is on the deed he owns the house with your fiance. A house purchased during the marriage is considered marital property and all claims for equitable distribution (i.e., the division of marital assets) must be brought prior to the entry of the divorce decree or they are lost.... Read more »

2 Answers | Asked in Family Law and Child Support for Pennsylvania on

Q: I currently have a PFA on my child's father Can I still file for child support from him?

I have a PFA that protects my child and I. I opened a case for child support because he does not support our child financially can I have this case open since he currently has a case pending for charges of assaulting me while my son was present, hints why I have the PFA regarding custody .

Lisa Marie Vari answered on Jan 10, 2018

Yes, the PFA does not affect his responsibility to provide financially for his child. You can certainly file for child support despite the pending charges/PFA.

Please feel free to visit my website for more information on filing for child support in PA....
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1 Answer | Asked in Family Law for Pennsylvania on

Q: How can I obtain the address of my newborns father so he can sign off his rights

Lisa Marie Vari answered on Jan 10, 2018

It is not uncommon that one party is not sure of the other party's address at the start of litigation. Unfortunately it is on you to find him; assuming you do not have his phone number, try reaching out to him through social media, email etc.

It is possible to obtain permission from the...
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1 Answer | Asked in Family Law for Pennsylvania on

Q: If judge order my daughter to stay in Pennsylvania. But, her father is now in jail on drugs charges. Can I go to

Pennsylvania and get my daughter. Father has been sentenced and my daughter is living with his girlfriend. What are my rights

Lisa Marie Vari answered on Jan 10, 2018

Your problem involves a potential relocation case if you wish to move the child from their current home to another state or sometimes even just to another county in Pennsylvania if the move could substantially interfere with the other parent's custody rights. Before you move your daughter, you must... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Pennsylvania on

Q: Prior to separating he filed a lawsuite against his employer which could have a sizable payout. Am I entitled to any?

He filed the lawsuit prior to separating. I have suffered the verbal, mental and emotional abuse caused by the stress at his job. When crap happened, he took it out on me. Now we are separating and he lawsuit could last another year or two, and finalize after the divorce. Am I entitled to a... Read more »

Lisa Marie Vari answered on Jan 10, 2018

Yes, you are entitled to a portion of the settlement; any payment received as a result of an award or settlement for any cause of action or claim which accrued during the marriage is subject to equitable distribution, regardless of when the payment was received.

Please feel free to visit my...
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1 Answer | Asked in Child Custody for Pennsylvania on

Q: Neither me or my child’s father have custody of our daughter. It there anyway we can agree to something on papers?

Is there any way we can get custody on papers without waiting weeks and seeing a judge?

Lisa Marie Vari answered on Jan 8, 2018

If you are in agreement, yes, you can have a custody ordered entered without the need to go in front of a judge. The procedure will vary depending on what county you are in, but the first step is always to file a complaint for custody to get the process started.

Please feel free to visit...
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1 Answer | Asked in Child Support for Pennsylvania on

Q: After you have a baby and the father is not there to sign the birth certificate, how do you get him to sign it?

My child's father is not around and he said he is not going to be there for my child. How can I put him on child support if he doesn't sign the birth certificate?

Lisa Marie Vari answered on Jan 8, 2018

You can petition the court for genetic testing to determine paternity. If he is found to be the father you should file an action for child support through your local domestic relations office.

Please feel free to visit my website for more information regarding establishing paternity in PA....
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1 Answer | Asked in Family Law and Child Support for Pennsylvania on

Q: My husband's two kids draw ssi checks, can he be taken for child support?

My husband and I live in the state of Indiana. My husband's two kids live in the state of Pennsylvania and the two kids draw ssi checks and their mom also draws a ssi check. Can she take my husband for child support?

Lisa Marie Vari answered on Jan 8, 2018

Supplemental Security Income (SSI) is not considered income in a family law support case, and therefore will not be considered in determining a child support obligation.

Feel free to visit my website for more information on child support obligations in PA....
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1 Answer | Asked in Child Support for Pennsylvania on

Q: I have a son that 18 and autistic .How long will I have to pay support? And I believe he is a receiving disability chec.

Lisa Marie Vari answered on Jan 8, 2018

In PA a child support obligation exists until the child turns 18 or graduates from high school, whichever occurs later. If the child is unable to be self-supporting, the court may extend a parent's obligation when the inability is due to a physical or mental condition that exists at the time the... Read more »

1 Answer | Asked in Child Support for Pennsylvania on

Q: My kids father works under the table, Can I still file for child support?

Lisa Marie Vari answered on Jan 8, 2018

A PA support order is based upon income from any source including "under the table" income. The problem in a case such as yours is proving by competent evidence or testimony the amount of his income. Ways to do that is through invoices or other notes of his income, the household expenditures, or... Read more »

1 Answer | Asked in Divorce for Pennsylvania on

Q: I’ve been separated since 2006, are we still legally married or would I still have to file for a divorce living in pa.

Lisa Marie Vari answered on Jan 8, 2018

You are still legally married and will have to file for divorce; the good news is that because you have been separated for over one year, your spouse's consent will not be required to complete the divorce process.

In PA a 3301(d) (i.e., contested) divorce may be completed when the parties...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: my ex husband has taken our two children out of state for 6 months. what can I do to get them back to pa

everyone was told it was only for 2 weeks. I didn't do a custody order with our divorce because I didn't want to put our daugthers though a hearing. they left June 25, 2017 and have not been back.

Lisa Marie Vari answered on Jan 3, 2018

It sounds like dad has relocated with the children. Pennsylvania relocation laws list requirements and steps that must be taken when one is considering relocating to a new city, state, or even a different country with minor children. Below are the "relocation logistics" in Pennsylvania.... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on

Q: How do I get custody of my children? They have been living with me for 3 months now due to their mother going down hill.

She is still receiving benefits from the state for them and I am still paying child support (arrears) for them. I do not want any support for them, however, I would like to stop paying on the arrears. My children are in a much better environment living with my fiancé and myself. I am worried that... Read more »

Lisa Marie Vari answered on Jan 3, 2018

I would suggest filing a petition for primary custody with your local court; it is especially important to have a custody order in place if you think mother may try to unilaterally take the children from your care.

You will still be obligated to pay all child support arrears until they are...
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1 Answer | Asked in Adoption and Child Custody for Pennsylvania on

Q: My son is 7 his mother has no part in his life in 4 years and I would like full custody what can I do?

Custody was set around 4 and half years ago it is 50/50 mother as primary guardian, she has mental issues,and a drug addict,and pays no support at all

Lisa Marie Vari answered on Jan 3, 2018

You can petition the court for a modification of your current custody order. Your child's mother will have an opportunity to object to the modification; if that is the case it will likely be up to the judge to decide if modification of custody is in the best interest of your child.

Please...
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1 Answer | Asked in Family Law for Pennsylvania on

Q: Can we have a paralegal file papers for custody if my girlfriend and I are in agreement?

Lisa Marie Vari answered on Jan 2, 2018

An attorney or paralegal is not required to file for custody; in fact, you can file the required documents yourself to avoid having to pay legal fees at all (Please note however, that legal fees are separate from filing fees. You will still be required to pay your county's filing fee no matter who... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: What are the charges I can file against my kids mother for leaving the state illegally with my kids?

We have been in court since 2015 and our case has never gone any further with custody being granted because she fled the state of Pa before so. We were told not to leave the state without court order and she failed to do so now I haven't seen my kids since 2015 and can't get to them because of... Read more »

Lisa Marie Vari answered on Jan 2, 2018

Pennsylvania relocation laws list requirements and steps that must be taken when one is considering relocating to a new city, state, or even a different country with minor children. Below are the "relocation logistics" in Pennsylvania.

In Pennsylvania, a parent considering moving with...
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1 Answer | Asked in Divorce for Pennsylvania on

Q: Been seperated for 4 years and now wants alimony, is it too late?

Lisa Marie Vari answered on Jan 2, 2018

There are 3 types of support payable to a spouse in Pennsylvania. Spousal support refers to a request for support when there is not a divorce complaint filed by either party. There are entitlement defenses available in a true spousal support case based upon the fault based grounds for divorce... Read more »

1 Answer | Asked in Divorce and Child Support for Pennsylvania on

Q: How am I expected to pay CS if I do not have a job?

In 2015 my daughter decided she wanted to go live with her dad and the judge allowed it. After taking my ex to court for another issue, he went and filed for CS out of spite. I had a cleaning job on Saturdays and was able to pay the CS, then I lost that job and filed for a modification/termination... Read more »

Lisa Marie Vari answered on Jan 2, 2018

Generally, the amount of support to be awarded is calculated upon the parties' monthly net income, and is usually based upon a six-month average. When either party voluntarily assumes a lower paying job, quits a job, leaves employment, changes occupations or changes employment status to pursue an... Read more »

1 Answer | Asked in Divorce for Pennsylvania on

Q: Had a home before we married sold the house while married. used the money for a down payment on home . divorcing $

Splitting the assests am I entitled to get back the down payment from a premarital equity

Lisa Marie Vari answered on Jan 2, 2018

A home that you owned prior to marriage is considered non-marital property. However, your current spouse may have a claim to any increase in value during your marriage of the home. Say for example, that when you remarried the home was worth $100,000 and at the time you separate from your spouse it... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on

Q: at 18 can I seek custody of kids who aren't mine but are in a bad/unfit home?

The father of the children received full custody due to the mother not showing up in court due to a threat from the father but has not been proven (he said she said) I've been with the family since I was a child and a witness to domestic abuse (the father to the mother as well as the children) the... Read more »

Lisa Marie Vari answered on Dec 20, 2017

In PA there are 3 types of individuals who have standing to file for custody:

1.) a parent of the child

2.) a person who stands in loco parentis to the child

3.) a grandparent of the child, in limited circumstances

Pennsylvania courts have found a person to stand in...
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