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Deborah A. L. Iwanyshyn
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Deborah Iwanyshyn’s Answers

178 total


  • My wife is suing me for spousal support. I am disabled. What does the law say about this in Pennsylvania?

    My wife left me in January. I was disabled in a work injury in July 2010, had a stroke related to the injury in September 2010 and suffered another stroke on September 3 2015. I receive workers comp. Social security and long term disability totali...

    Deborah’s Answer

    You must also argue that she has an earning capacity. Generally the best way is to hire a vocational expert to determine what her earning capacity is. However, if she has a job at UPMC that could become full-time you should introduce evidence as to what that job would pay on a full time basis.

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  • Can a court make or order a parent to take their child to play sports on their day of custody?

    Parents have split custody. Father wants his son to play sports, mother does not based on child's grades.

    Deborah’s Answer

    Just had something similar before a judge in Allegheny County. He refused to get involved and said that dad couldn't enroll child in forensics unless both parents agree. Such a shame. The child is 12 and is now running the show.

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  • Is my divorce still legal?

    I got a divorce last year and used my maiden name to do the paperwork. I changed my name on my social security card when I got married but never used it. My social security card was the only thing I changed, I never changed my state id or passport...

    Deborah’s Answer

    Your divorce is legal but you had better go to social security to ensure that you get credit for your contributions using either name and you want to change social security back to your maiden name.

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  • Can I have more than one lawyer?

    I have several legal matters. One being custody (the lawyer is very costly). The other being several civil suit issues. I would like to get two lawyers. I want this custody lawyer and am willing to pay the extra money because he's very experienced...

    Deborah’s Answer

    Of course. You want someone focusing on family law for the custody. You can use a general practitioner for the other.

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  • My husband is operating a business, out of our home, without my knowledge, is this legal?

    I just found out that my husband and his girlfriend started a construction company out of our home, five months ago. I found this out via the Internet both he and his girlfriend are listed as owners of business, and both listed as living and opera...

    Deborah’s Answer

    You have a right to be concerned. You must file for divorce and end the relationship. I assume that he is to keep the house. It should be refinanced and your name removed from the mortgage. You can be held liable for injuries. You will need an attorney for this one. There are a great deal of details that your attorney will need to proceed.

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  • Can there be two child custody cases filed at the same time one in Philadelphia and one in Pittsburgh for a child?

    A baby boy lived in Pittsburgh for the past 2 years with one parent. The other parent got married and decided to take the son and file in Philadelphia. All the court cases for the case filed in Pittsburgh is going on right now, the other case won'...

    Deborah’s Answer

    Philadelphia has no jurisdiction if the child hasn't been there 6 months. The parent who moved should have filed for permission to relocate her in Pittsburgh. Pittsburgh attorney needs to file emergency motion and get the child back while the case is pending.

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  • What should I do if Halloween falls on the grandparents weekend?

    I have a temporary custody order with my daughter maternal grandmother. Halloween falls on her Saturday and there is nothing on the order about what to do in that situation. Obviously I'd like to take my daughter out. What should I do?

    Deborah’s Answer

    You can either ask gramma for permission. If she says no go to court to get an order.

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  • I e filed for divorce last friday. How long does it take for the court to send verification of this back to my lawyer.

    Will my husband know I filed? The constable was not yet sent to deliver papers

    Deborah’s Answer

    If you e-filed yourself your attorney won't get notified. Only you. Check your email. If you have an attorney why didn't they file it. Your husband should be notified by certified restricted delivery mail and first class mail. If he signs the green card and it is returned to you it must be filed with the prothonotary. If he won't sign for it or someone else signs for it you will have to hire a process server to hand it to him.

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  • In the state of Pennsylvania am I legally allowed to stop visitation while I am filing for custody of my son?

    My son's father is not very involved. When my son goes to visit He spends most of his time with his grandmother (His father's mother, who has become a problem.) Or his uncle. I am hesitant to let my son go until the custody agreement is in place. ...

    Deborah’s Answer

    Since there is no custody order of court you would not be violating anything to refuse visitation.

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  • Should I be worried about losing custody?

    I've recently had a situation with my boyfriend where he was driving drunk with my kids ages 2 & 4 in the car. I found out when he picked me up from work that night & immediately took control of the situation. He was not arrested with my kids in t...

    Deborah’s Answer

    Drop the boyfriend. Yes you could lose custody if you display such poor judgment over caring for your children.

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