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Cindy Lee Villanella Pieret

Cindy Pieret’s Answers

39 total

  • If my child's father has a weekly income of 780 , how much child support does he have to give monthly ?

    We both live in Pennsylvania . I don't work . He has only given me money for our child twice since she was born . We are married but separated . At his job he is payed weekly in cash .

    Cindy’s Answer

    I agree with the other attorney's answer and would add that it is rare that Pennsylvania will assign you a $0.00 income unless you have documentation stating that you can absolutely not work. The amount you may be held to depends on numerous factors, such as the questions the other attorney asked you. Speak with an experienced lawyer in your area to get a better estimate of what child support would be.

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  • Separated for 2 years one child and stayed married for health insurance.

    My husband and I have been separated for two years and now he wants a divorce due to finance needing health insurance . Well we have a child and we're both on his health insurance . We also still have a loan and house together . Not sure how to...

    Cindy’s Answer

    I agree with the above attorney's answer. There are many more questions that need to be answered before you can be given advice on where to go from here. Sitting down with an attorney and discussing your options is your best bet right now. Feel free to contact my office for a free initial consultation.

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  • How do you protect yourself for a child custody case when the Father has lied repeatedly? Court will be held in PA.

    The father has lied since the start of the case ( he filed ) . From leaving child with an alleged rapist , not caring for this child , him being the primary caretaker , his work schedule and / or weather not allowing him to make ordered app...

    Cindy’s Answer

    Your fact pattern and question are too involved to be able to give you a quick answer. The issues that both of you are trying to bring up may or may not be relevant depending on when they occurred and the history of your custody case. As far as evidence of what he has done or not done, you need actual proof (eye witnesses, documentation from reputable third party sources, etc.).

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  • What can happen if someone lies in mediation to the mediator ?

    the father of my kids was told that our oldest was to be at to hearing an she was not present he told the mediator she was home with the flu but i talked to worker that comes in our home that works in my kids school and she said that she seen her ...

    Cindy’s Answer

    You should obtain a copy of your daughters school attendance record showing that she was in school that day and provide it to the mediator. Since it is unclear why the mediator wanted your daughter there, if the proceeding has been rescheduled, and what power the mediator has in your custody case, I really cannot give you my thoughts on what the court may do. I would obtain the attendance record as soon as possible and provide it to the mediator asking for some type of remedial action. Speak to an experienced attorney in your area who you can give more details to.

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  • My sister is abusing her child and involving me. Can I sue for intentional infliction of emotional distress?

    My 57 yr old sister lives in CA and has always been obsessed with me. I have tried to ignore her for 40-years. I have not seen her in 12-yrs. She has filed at least three false police reports on me last year alone, in both CA and PA, and is taking...

    Cindy’s Answer

    This is not really a family law matter since you would personally like to sue your sister for emotional distress. I will transfer your question to a more appropriate forum. Good luck.

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  • Are post nuptial agreements entered into in PA valid and enforceable in all U.S. and it's possessions?

    I am currently separated but would like to reconcile and believe the post nuptial would be a great foundation for a fresh start together. My concern is that we move frequently due to employment so I want to be sure this agreement would be valid an...

    Cindy’s Answer

    Yes, the agreement would be enforceable in any state. Most of these types of agreements have a choice of law clause in which the two parties agree that the laws of one state will control if there is an issue with the agreement. This is usually the state that the agreement was drafted in. Further, there is also a clause stating that if one section of the agreement is found invalid for any reason, it does not invalidate the whole agreement. So, if for some reason, a clause in your agreement is not enforceable in a certain state, that will not mean the whole agreement is not enforceable. You should contact an attorney experienced in this type of law to assist you in drafting an agreement. Good luck!

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  • Does my husband , who I am separated from , have to pay me alimony ?

    We have less than 2 years married and we separated when we had only 8 months of marriage . I don't work and he committed adultery . We have a 5 mo th old baby girl .

    Cindy’s Answer

    Courts look at a number of factors when determining alimony, one of which is the length of the marriage. Considering you only lived together as a married couple for eight months, it is highly doubtful that you would receive alimony. However, you can file for child support and, potentially, spousal support. Spousal support will also be reduced considering your marriage and the length of time you lived together was less that two years. Spousal support is for during a period of separation and will continue once a divorce action is filed. The payments will end once a divorce decree is issued.

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  • How long does someone not have to see their child before they can lose their rights to them?

    I was wondering how long you have to not see your child before you lose rights to them . The custody started out a few years back as 50 / 50 and then the mother chose to only see the child 2 days a week , and then it went back to 50 / 50 and t...

    Cindy’s Answer

    It is important to attempt to change the custody order if she is not being consistent with her time. It will give more consistency to your child and will allow you to plan your life without always waiting around for the mother. That being said, it is doubtful that you will be able to have the court give her absolutely no visitation. She will still get something, however, you can possibly have it structured that she has to call you the evening before by a certain hour to confirm she is coming and, if she does not, then you are not expected to wait for her. As the other attorney stated, the court may order reunification services depending on the age of your child and how long she goes without seeing him. My firm practices in Lancaster and would be happy to provide a free initial consultation for you.

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  • How do i go about getting papers drawn up for sole custody or for my known donor to give up his rights in Pa?

    we have both agreed for me to have sole custody with him visitations, how would i go about getting papers drawn up? i understand there are limitations i just wanted to know what options we have.

    Cindy’s Answer

    You may also be able to enter into a custody agreement between the two of you and have it submitted to the court to be signed into an order by a judge. This would prevent either of you from having to go to court at all. You should contact an attorney in your area to see the options that you have.

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  • How can I get custody of my younger siblings ?

    My mother is a crack - cocaine , alcohol , and prescription pill addiction . I have told the father , my grandmother , and family and they still continue to let the kids be there . My younger brother found a crack pipe under the couch . I ...

    Cindy’s Answer

    I would still contact the police with the proof that you have. It doesn't make sense why Children and Youth is essentially ignoring you and hopefully, with suspected drug use of that level, the police will look into what is going on.

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