Jeanne B. Costopoulos’s Answers

Jeanne B. Costopoulos

Mechanicsburg Child Custody Lawyer.

Contributor Level 14
  1. Live in PA. I moved out and filed for divorce. Does the fact that I was the one to move out and file mean that I cannot file for

    Answered about 1 year ago.

    1. Lidia L. Alperovich
    2. Jeanne B. Costopoulos
    3. Scott L Levine
    3 lawyer answers

    Your entitlement to spousal support could be affected by whether or not you had cause to leave, but if you include a petition for alimony pendente lite (APL) in your divorce pleadings you can collect APL instead of spousal support which is calculated the same way. You cannot get APL unless you file a claim for it on the divorce docket. Once the APL claim has been filed, go to domestic relations and request spousal support and alimony pendente lite and a conference will be scheduled. Once the...

    5 lawyers agreed with this answer

  2. How creditable will my case be?

    Answered 5 months ago.

    1. Jeanne B. Costopoulos
    2. Deborah G. Zitomer
    3. James W. Zerillo
    3 lawyer answers

    More importantly, what are you trying to accomplish? Are you trying to prevent the divorce from being finalized? I am not sure what you mean by holding him "to that first agreement." What agreement? An affidavit and waiver are not agreements. If an affidavit and waiver were not filed then they are not valid. They must be filed within 30 days of being signed. If a valid affidavit and waiver are not forthcoming, then the party seeking to be divorce will have to proceed under a different...

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  3. Taking money out of 401k for a separation

    Answered 9 months ago.

    1. Jeanne B. Costopoulos
    2. Susan J. Vandegrift
    3. David Alexander Browde
    3 lawyer answers

    If he withdraws the money he will be the one to pay income taxes on it. As long as it is not withdraw before age 59.5 there will not be an additional 10% penalty. The only way you would pay tax is if instead of him withdrawing the money then giving it to you he instead transferred $50K from his 401K into an IRA that you would set up for the purpose of rolling the money into. In such case, a Qualified Domestic Relations Order would be drafted, reviewed and approved by the plan administrator,...

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  4. How long would I have to pay spousal support?

    Answered 11 months ago.

    1. Jeanne B. Costopoulos
    2. Kathryn L. Hilbush
    3. Eric D. Strand
    3 lawyer answers

    If neither spouse owes child support, support is 40% of the difference between each of your net incomes. In other words, subtract your spouse's net income from yours and multiply by .40. Spousal support will continue until either someone's income changes or the divorce is finalized. If your spouse also filed an alimony claim and was awarded alimony as part of the divorce resolution, then once the divorce is final the spousal support will terminate and alimony will begin. Unlike spousal...

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  5. Quick Question!!!!

    Answered about 1 year ago.

    1. Jeanne B. Costopoulos
    2. Randi Joy Silverman
    2 lawyer answers

    The text messages from your wife can be introduced at the hearing as evidence against you but I doubt they will be the sole factor considered by the judge in making a custody determination. Your wife should testify at the hearing explaining the circumstances and admitting that she acted inappropriately and explaining how she would handle it if the situation arose again. Unless your wife is physically assaulting the children then I would not anticipate an order prohibiting the children from...

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  6. Father trying to win 50/50 custody, no negotiating. I'd like to relocate in-state to hometown 250 miles away. Cld I get primary?

    Answered 3 months ago.

    1. Brian Edward Sipe
    2. Michelle Ericka Goldstein
    3. Jeanne B. Costopoulos
    4. Julie Rebecca Colton
    5. Irena Shiloh
    5 lawyer answers

    You can try. You will need to serve on him a notice of intent to relocate via certified mail. You should also file a motion for primary physical custody and for relocation. There are very specific rules set forth in the Custody Act about the steps you need to take when seeking a relocation so you should meet with an attorney to plan a strategy towards seeking a relocation.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Is the mother always in favor to be awarded custody?

    Answered 4 months ago.

    1. Brian Edward Sipe
    2. Jeanne B. Costopoulos
    3. Kathryn L. Hilbush
    3 lawyer answers

    Based on the facts you presented it is highly unlikely that she would be awarded primary custody, but I expect she will be granted some form of partial custody or visitation since she is the mother. Does she have an attorney? If so, you will be at an extreme disadvantage when presenting your case since it is doubtful that you are familiar with the Rules of Evidence and other procedural aspects that could affect the outcome of your case. You should do whatever you need to do to try to retain...

    4 lawyers agreed with this answer

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  8. Can my ex-wife move in with my son with a man who is still legally married?

    Answered 4 months ago.

    1. Jacob Ryan Lauser
    2. Michelle Ericka Goldstein
    3. Jeanne B. Costopoulos
    3 lawyer answers

    In addition to whether or not he has certain criminal convictions, the fact that she is moving could be an issue if she is leaving the school district or relocating farther away such that the custody schedule will be adversely affected.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. What if I just move out of my house?

    Answered 4 months ago.

    1. Jeanne B. Costopoulos
    2. Scott L Levine
    3. Jacob Ryan Lauser
    3 lawyer answers

    You can move out anytime you want to. She can file for spousal support after you leave then she will have to pay the mortgage with the support money, which could include a mortgage contribution. Generally, spousal support if there are minor children is typically 40% of the difference between your two incomes with adjustments if one of you is paying to cover you both with health insurance.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My question deals with shared legal custody. I'm not sure if I am obligated to inform my ex of a change.

    Answered 5 months ago.

    1. Deborah G. Zitomer
    2. Jeanne B. Costopoulos
    3. Michelle Ericka Goldstein
    4. Ashley Lauren Folio
    5. Howard M Lewis
    6. ···
    6 lawyer answers

    If you have shared legal custody then you must let him know what is going on. Preferably, he should agree to the changes. However, if he does not participate and if you make the decision, his only recourse will be to file a petition for contempt for your violation of the shared legal custody provision.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful