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Scott L Levine
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Scott Levine’s Answers

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  • What paper can i file to get spousal support without having to pay an attorney. I am on disabilty pmts mthly.

    married 9years in sept want to separate and have money to live on my own currently in same household feeling bullied verbal abuse will not give me access to any monies. Control issus on his part constantly.

    Scott’s Answer

    Filing for Spousal Support in PA is free and does not require a Lawyer. Note also that even if you are still both residing in the Marital residence together, there are circumstances which allow you to file now and collect support if Husband is not paying bills or providing money to you for basic necessities. A brief consultation with a lawyer about your rights might be a very good idea for you.

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  • What will the outcome of the contemptvhearing be?

    I have primary physical and legal custody of my daughter recently the father threatened her to move in with him i was seeing her then that stopped according to the father im not allowed contact with my daughter can't see her or talk to her he went...

    Scott’s Answer

    If you have an Order of Court granting you Primary Physical Custody and Sole Legal Custody of your Child, Father is unable to resort to "self-help" by trying to change the terms of the Custody Order without taking the proper steps to Modify the Order. Violations of a Custody Order may be addressed through a Petition for Special Relief seeking to restore the "status quo" (terms of the Order). A Petition for Contempt may also be filed. A contempt Hearing will provide an opportunity to have the specific contempt issue addressed. Most typically the existing Order would be enforced and he would directed to abide by its terms until it is formally modified. You should speak to an attorney to review your situation more fully so that you are properly prepared for court and to ensure you are taking the correct steps to remedy the problem.

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  • Do i have to pay child support if i am waiting for my disabilty to go through and if she makes more than me in a month?

    child support says i make more thsn my ex it shows she makes 2000 amonth and they put me down as 1000 or so when i make 90 dollars a month on cash assistance while waiting for my disability.

    Scott’s Answer

    The obligation to pay child support is not eliminated simply because the other parent of the child earns more than you. The Child Support Award is governed by the PA Child Guidelines which utilize the net incomes of both parties. If there is no income an income may be imputed to you. If you have already been to court and a Support Order was entered, you will need to comply with the Order and pay as directed to avoid being in contempt or you can appeal an interim Order if the time for doing so has not yet expired. To alleviate further confusion you should speak to an attorney as soon as possible to review your matter in more detail

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  • Am I required to drop child support during the summer because we have 50/50?

    I have primary custody during the school year (End of August, 'til beginning of June) and my ex has every other weekend. During the summer we have week on week off. Am I required to drop support during those months? He already pays significantly l...

    Scott’s Answer

    There should be no change, as the circumstances do not seem to warrant grounds for any modification of your existing Order. First, it appears your child support Order is the result of an agreement between you and Father, which is already lower than what is contemplated by the PA Support Guidelines. Second, even if you were utilizing the Guidelines, adding alternate week custody for the summer months (to the alternate weekend time already exercised by Father during the school year) still should not increase Father’s percentage of custodial time to an amount, which would be considered enough to warrant a deviation for substantial custody time. If you wanted someone to review the matter with you in detail, can call an attorney in your area for further guidance.

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  • What happens if the person that have the pfa against you contacts you threw text message and you respond?

    My ex boyfriend been contacting me and he has a restraining order on me...he's been making threats and trying to convince me to not take him to court...everytime we talked was because he called me....will I get in trouble for answering any calls o...

    Scott’s Answer

    If you are the Defendant in a PFA case where there is an active Protection From Abuse Order against YOU, which prohibits you from contacting your ex, then you should not have ANY contact with him at all. This means no contact or communications by text, email or phone even if he is the one initiating the contact as you could be subject to arrest and charges of Indirect Criminal Contempt.

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  • My ex girlfriend is filing a PFA against me. I'm curious as what's going to happen next.

    The incident occurred a few days ago. We were both intoxicated and I invited her over to my house for intercourse however something was said on her end and I asked her to leave. She refused which she always does and then we started arguing and in ...

    Scott’s Answer

    You should not post any more detailed information on-line. You would be best served by contacting a local PFA lawyer as soon as possible.

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  • How can my son get equal coustudy of his son?

    My grandson wants to live with his father and mother but because they are not married and no longer in a relationship with each other that is not possible. He told me that he want,s to spend more time with his father but his mother would always sa...

    Scott’s Answer

    If Mother is not cooperating with Father regarding Father’s desired custodial time, Father will need to file a Complaint for Custody (or a Modification of Custody if a Custody Order already exists). The parties will then proceed though various steps until they can either agree on a custody arrangement, or until a Judge decides for them.

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  • Custody effects of sharing bedroom with child?

    Father, who has partial custody, does not have a bedroom for the child. He is currently just one year old, and dad has the crib in his own (small) bedroom, half in the closet to make it fit. My question is, how long, if ever, before the court syst...

    Scott’s Answer

    Age appropriate sleeping accommodations will change as children age and can certainly be addressed when appropriate. There are many options for handling such circumstances and parents all over the country do what is needed to make it work for the child. As the child gets older, Father could move into a larger residence to accommodate a growing child’s needs. Alternately, often parents with partial custody have the child sleep in the bedroom during periods of partial custody while the parent sleeps in another room, or on the couch for example. Eventually, most parents will move heaven and earth to ensure their kids are safe and comfortable. Something to consider is Father is at least involved, while that is not always the case.

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  • If my ex gets joint custody will I be forced to transport my child?

    My ex moved an hr away and is now on house arrest. (he also doesn't have a car or license) Will the court force me to transport my child to him if he gets joint custody? It would be a financial burden on me as I am a single mother of two children ...

    Scott’s Answer

    First, he needs to obtain custody. To that end, the reason for his house arrest may weigh against his obtaining partial custody at this time. Also, the basis for his disability may weigh against his time if it effects his ability to care for a child. Assuming he is granted custodial time, often in these situations the driving is divided between the parties. However, since he moved, he could be ordered to provide transportation. Since you indicated he does not have a license he would have to arrange for transportation, using a licensed and insured driver that was a family member, friend or professional driving service. Since he is of limited means, the latter seems out of the question. Based on all the issues, you would be well served by consulting a local attorney for a detailed review of your situation and analysis of what would likely occur if litigated.

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  • My husband & I are separated, but need to start the divorce process. We are amicable & wish to do mediation. Is that possible?

    We have been married less then 2 years. We do not have any children and would like to make this as easy as possible. I also do not want to spend a ton of money. We have already been discussing whose items are whose. I do not want to get screwe...

    Scott’s Answer

    To know what is fair, you should consult an regarding what a fair division would be given your circumstances. Then, if possible, you and your spouse can agree on how things will be divided and you can have your attorney draft a comprehensive Martial Settlement Agreement in accordance with your respective wishes. Mediation can be very effective, but is not always needed.

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