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 »
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 »
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 .
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...Read more »
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 »
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 »
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.
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.
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?
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 »
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 »
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...Read more »
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 »
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 »
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...Read more »
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.
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 »
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 »
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...Read more »
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 »
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 »
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 »
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.