Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Rebecca A Myers

1 Answer | Asked in Divorce for Pennsylvania on

Q: My husband left me over 9 years ago. How do I get a divorce from him with us being in different countries?

He isn't from the USA. He went back home to his own country before he received his green card. We don't have children or property. I don't want anything from him but a divorce.

Rebecca A Myers answered on Jan 28, 2017

If he is willing to cooperate in the divorce process and does not want to have any other issues addressed either, then it would not be terribly complicated. However, if he will not agree you will likely need an attorney to assist you in getting permission to serve him specially at the very least.

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

Q: I have retroactive arrears on child support but received notice of refund offset. Is this a mistake? I'm not delinquent.

My account is current, but I have retroactive arrears dating back to the submission of the complaint. Child support comes out of my paycheck twice a month, including extra to pay off the retroactive support. I was under the impression that my name would not be submitted to the IRS for a federal... Read more »

Rebecca A Myers answered on Jan 27, 2017

While it really shouldn't be the case, even arrears due to retroactivity can trigger refund intercepts and other collection actions if the amount is high. You or your counsel should try contacting donestic relations to see why the intercept was issued and if there is anything that can be done under... Read more »

2 Answers | Asked in Divorce for Pennsylvania on

Q: Can I change the locks on the house so my husband can't come in?

Rebecca A Myers answered on Jan 25, 2017

It depends. If you are co owners of the residence, the short answer is no. He has every bit as much right to be in the home as you do if you both own it. However, there is a right in PA to seek an order of exclusive possession which would bad him from entering the home and allow you to change the... Read more »

View More Answers

1 Answer | Asked in Family Law for Pennsylvania on

Q: One of the punishments my ex put my son through was making him stand in the corner naked. Is that enough to call CPS?

He has already admitted on stand that he has physically and emotionally abused me. He also calls him dumb, fat and if he even catches him crying, he calls him a cry baby. I'm so afraid he's going to start physically abusing him because that's how my abuse started. We have our Conference hearing... Read more »

Rebecca A Myers answered on Jan 4, 2017

That is a very concerning form of punishment. not knowing any more about the situation it is difficult to be certain, but that sounds inappropriate and if you are concerned for your child's safety while in his father's care you should contact cyf and/or your local PFA office.

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

Q: Is filing papers the only thing I can do?

My 3 children have always lived with me my ex didn't want any visits or anything until last week he picked them up from their school without my authorization and now will not return them or even let me speak to them? I don't even know what to do. Please help??

Rebecca A Myers answered on Jan 4, 2017

you need to file for custody right away and file an emergency Motion for an interim custody order. You need to speak with an attorney right away. Without an Order of Court to the contrary, he is free to pick the children up or otherwise exercise custody of the children. You should retain a lawyer... Read more »

View More Answers

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

Q: Can my son's father take him without my knowledge and leave state?

His father is not listed on the birth certificate but did sign an affidavit of paternity in court and pays child support. There is no court ordered custody agreement right now and I just allow him to go every other weekend but his dad is damnding more. He has warrants out for his arrest (and is... Read more »

Rebecca A Myers answered on Jan 4, 2017

It depends. If there is not a custody order in place and the two of you do not have a written custody agreement, then he is able to travel with your child just as you would be able to travel with your child without his permission (barring any federal rules regarding international travel that may... Read more »

View More Answers

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.