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Pennsylvania Questions & Answers
Q: if a person is charged with a crime in another state, could the victim say they want the verdict to be anger management
Kathryn Hilbush's answer
The victim can certainly discuss this suggestion with the prosecutor, but the decision is made by the prosecutor, not the victim.
The victim can certainly discuss this suggestion with the prosecutor, but the decision is made by the prosecutor, not the victim.
Q: No custody agreement and my child who is 12 refuses to see me. Her mother does not encourage. What are my options?
Kathryn Hilbush's answer
It sounds like your only option is to commence a custody action. You would do yourself a favor by first consulting with an experienced family law attorney in your area.
It sounds like your only option is to commence a custody action. You would do yourself a favor by first consulting with an experienced family law attorney in your area.
Q: Will his child support decrease if my boyfriend and I have a child?
Kathryn Hilbush's answer
If you have a new baby it's possible that may impact the support he's currently paying. You can consult with a local attorney experienced in family law, who can do a rough calculation of a support order under the circumstances you're asking about. No, you do not have any legal obligation to support his children.
If you have a new baby it's possible that may impact the support he's currently paying. You can consult with a local attorney experienced in family law, who can do a rough calculation of a support order under the circumstances you're asking about. No, you do not have any legal obligation to support his children.
Q: I have an 8 yo stepdaughter who us routinely vicious to my 6 yo daughter. Today she pushed her down the stairs.
1 Answer
| Asked
in
Criminal Law, Family Law and Domestic Violence
for
Pennsylvania
on
Answered on Sep 24, 2017
Answered on Sep 24, 2017
Kathryn Hilbush's answer
You need to have a serious discussion with your spouse about the child's behavior.
You need to have a serious discussion with your spouse about the child's behavior.
Q: My support order is to be paid biweekly I lost my job and missed roughly 4-5 payments from July-Aug however still
Kathryn Hilbush's answer
Probably not. Since you now have a steadyy job with wages they can attach, which they have, then they may just increase the order some to collect more toward the arrears but it's unlikely you'll go to jail. If you can bring some money, it can't hurt.
Probably not. Since you now have a steadyy job with wages they can attach, which they have, then they may just increase the order some to collect more toward the arrears but it's unlikely you'll go to jail. If you can bring some money, it can't hurt.
Q: The girl that my ex Husband left me for has lost custody of her kids, am I able to keep her away from my son?
Kathryn Hilbush's answer
Hard to know. You need to review your case in detail with an experienced family law attorney in PA. The fact that she lost custody of her children in NY doesn't necessarily make her a danger to your son but someone would really to review all of the documentation you've gathered to give you a well-reasoned answer.
Hard to know. You need to review your case in detail with an experienced family law attorney in PA. The fact that she lost custody of her children in NY doesn't necessarily make her a danger to your son but someone would really to review all of the documentation you've gathered to give you a well-reasoned answer.
Q: Mom dies without will. Owned home and son lived with her. Home equity loan with ~ 20,000 balance.
Mark Scoblionko's answer
You have asked the wrong question.
He can continue paying the loan, wi thout assuming it, and without opening an estate. However, in order for him to get title and be able to sell the house some day, he must open an estate, convey the property to himself, have his siblings renounce, pay inheritance tax, and assume the loan, with the lender's consent, or re-finance.
This is a quick summary. He needs to consult a lawyer promptly.
You have asked the wrong question.
He can continue paying the loan, wi thout assuming it, and without opening an estate. However, in order for him to get title and be able to sell the house some day, he must open an estate, convey the property to himself, have his siblings renounce, pay inheritance tax, and assume the loan, with the lender's consent, or re-finance.
This is a quick summary. He needs to consult a lawyer promptly.
Q: Im a father and am having a default filed against me from a old court order for visitation from pa to Md what are my opt
Kathryn Hilbush's answer
I'm sorry but it's difficult to give you a response with this limited amountof information. I'd say try consulting with a PA lawyer in person first so that the order you're referring to can be reviewed in person. Then you and the PA lawyer can decide whether this is still a PA case or now a MD case.
I'm sorry but it's difficult to give you a response with this limited amountof information. I'd say try consulting with a PA lawyer in person first so that the order you're referring to can be reviewed in person. Then you and the PA lawyer can decide whether this is still a PA case or now a MD case.
Q: I'm married me and my wife both have income. My kids mother put me on child well they take my wife money?
Kathryn Hilbush's answer
No, your wife has no legal obligation to support your children. They'll just take your money
No, your wife has no legal obligation to support your children. They'll just take your money
Q: My wife's ex pays child support in Pennsylvania. Her daughter is 18...
Kathryn Hilbush's answer
If she has truly completed her classwork and is only waiting for the paperwork, maybe.
If she has truly completed her classwork and is only waiting for the paperwork, maybe.
Q: Can someone who does not have legal guardianship keep my daughter from me and how do I go about getting her back?
Kathryn Hilbush's answer
If this is truly a legal guardianship, it can be revoked. I suggest that you meet with an experienced family law attorney to learn what your options are. Your sister may have grounds to obtain legal custody based on a legal theory called. in loco parentis.
If this is truly a legal guardianship, it can be revoked. I suggest that you meet with an experienced family law attorney to learn what your options are. Your sister may have grounds to obtain legal custody based on a legal theory called. in loco parentis.
Q: Should I take this to court?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Pennsylvania
on
Answered on Sep 24, 2017
Answered on Sep 24, 2017
Kathryn Hilbush's answer
The child's mother should not relocate the child from PA without either your written consent or a court order. There is a statute is PA dealing with the relocation of minors. I suggest that you consult with an experienced family law attorney as soon as possible to learn what options you have.
The child's mother should not relocate the child from PA without either your written consent or a court order. There is a statute is PA dealing with the relocation of minors. I suggest that you consult with an experienced family law attorney as soon as possible to learn what options you have.
Q: How can I get my son back if he moves to Alabama with his real dad and now he won't give him back
Kathryn Hilbush's answer
You'll have to go through custody court. If your custody order is in Alabama, then you'll have to file there. If it's in PA and either your son has not lived in AL for six months or the PA court retained jurisdiction. you can file in PA. You'd do well to consult with an experienced family law attorney to learn which jurisdiction is the appropriate one for you to file a modification petition.
You'll have to go through custody court. If your custody order is in Alabama, then you'll have to file there. If it's in PA and either your son has not lived in AL for six months or the PA court retained jurisdiction. you can file in PA. You'd do well to consult with an experienced family law attorney to learn which jurisdiction is the appropriate one for you to file a modification petition.
Q: When a child reaches the age of 18 and had graduated highschool do deduction stop automatically ?
Kathryn Hilbush's answer
The best answer is that you should be proactive and file a petition to vacate the order. The cost is nominal and it's awfully hard to recover overpayments of child support
The best answer is that you should be proactive and file a petition to vacate the order. The cost is nominal and it's awfully hard to recover overpayments of child support
Q: how long do it take to receive my first payment after a final agreement is in effect??
Kathryn Hilbush's answer
I'm sorry but there's not enough information to know why you would just receive an arrears payment and not a regular payment, unless the obligor sent in a lump sum, but even then, it would first go toward current payments owed and anything leftover would go toward arrears. I think this is a question best asked of your Domestic Relations Office.
I'm sorry but there's not enough information to know why you would just receive an arrears payment and not a regular payment, unless the obligor sent in a lump sum, but even then, it would first go toward current payments owed and anything leftover would go toward arrears. I think this is a question best asked of your Domestic Relations Office.
Q: How many times are you allowed to claim bankruptcy? What is the maximum amount allowed on a chapter 7
David Earl Phillips' answer
You can only get a discharge in a chapter 7 case once every 8 years. You count filing date to filing date. If you qualify to file there is no limit on the number of times you can file other than the discharge restriction stated above. There is no limit on the amount you owe to file chapter 7. There is a dollar limit on chapter 13 filing. Talk with a bankruptcy lawyer near you to see what your options are. Hope it works out. Good luck!
You can only get a discharge in a chapter 7 case once every 8 years. You count filing date to filing date. If you qualify to file there is no limit on the number of times you can file other than the discharge restriction stated above. There is no limit on the amount you owe to file chapter 7. There is a dollar limit on chapter 13 filing. Talk with a bankruptcy lawyer near you to see what your options are. Hope it works out. Good luck!
Q: Mother has custody. Father has visitation every other weekend.
Kathryn Hilbush's answer
There is a relocation statute in PA that governs the procedure to be followed if a parent seeks to move a child a distance away from the other parent. It appears that your daughter did not follow this procedure. Yes, a judge can give the child back to her at her new location or tell her to return the child to the prior location. Your son should retain an attorney.
There is a relocation statute in PA that governs the procedure to be followed if a parent seeks to move a child a distance away from the other parent. It appears that your daughter did not follow this procedure. Yes, a judge can give the child back to her at her new location or tell her to return the child to the prior location. Your son should retain an attorney.
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