Brian Edward Sipe’s Answers

Brian Edward Sipe

Huntingdon Valley Divorce / Separation Lawyer.

Contributor Level 15
  1. I have a PFA on my childrens dad and I want to move back to new york to be closer to my family for help and support .

    Answered almost 2 years ago.

    1. Brian Edward Sipe
    2. Allan Julius Ray
    3. Penelope A. Boyd
    3 lawyer answers

    If you have a custody order that allows partial custody to father or visitation to father, you must petition to relocate. It sounds like you have a strong argument to allow you to do so because you and your children will have a better support network and a better place to live. Do not violate father's custody by simply moving. Go to court.

    7 lawyers agreed with this answer

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  2. Am I responsible for deceased husband's tax return payment?

    Answered about 2 years ago.

    1. Howard M Lewis
    2. Brian Edward Sipe
    3. Ronald Glenn Lieberman
    4. Michael A Ferrara Jr
    5. Raphael Samuel Moore
    6. ···
    6 lawyer answers

    I agree with the prior answer. However, the IRS offers this advice: "There are three types of relief from joint and several liability for spouses who filed joint returns: Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits. Separation of Liability Relief provides for the allocation of additional tax owed between you and your former...

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  3. I adopted my girlfriends Son, and now we are separated. Is there a way to get out of child support, or get 50/50 custody?

    Answered 5 months ago.

    1. Rebecca A. Young
    2. Brian Edward Sipe
    3. Irena Shiloh
    4. Marina Divinsky
    4 lawyer answers

    As the adoptive parent, you should have no problem obtaining fifty-fifty custody, and should obtain it. You are now the child's father and are extremely important to him. If she makes more than you and you are able to obtain joint, 50-50 custody, she will have to pay you. The child may not be able to spend more time with you now, but in the future, after building a strong relationship with him, he may. This depends upon your parenting.

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  4. Is there such a thing as a default divorce in PA? My husband wants a divorce but I will not sign the papers because I believe

    Answered almost 2 years ago.

    1. Brian Edward Sipe
    2. Allan Julius Ray
    2 lawyer answers

    To answer your question, PA allows a unilateral divorce after two years. By refusing to sign a consent form, you can make your husband wait two years. It does not matter if you still live in the same physical space. You will be considered separate and apart for divorce purposes if you have ceased living like a married couple. You may also demand marriage counseling. For this, you must file a petition. Your county prothonotary should help you file that petition.

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  5. Divorce and foreclosure of the house.

    Answered about 1 month ago.

    1. Brian Edward Sipe
    2. Simon Kabzan
    3. Andrew Y. Kim
    3 lawyer answers

    PA has a solution to this problem that is simple and easy. You fill out a motion dealing with sale of residence and you serve it on the mortgage, naming them as a third party on the face of the motion. Then the court will force your wife to cooperate in a work out or short sale. You probably need an attorney to handle this.

    7 lawyers agreed with this answer

  6. Can I overturn my husbands power of attorney?

    Answered 4 months ago.

    1. Brian Edward Sipe
    2. Richard Alan Raiders
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    He can name anyone he wants as his medical power of attorney or his financial power of attorney. However, you have rights to marital assets and even if assets are titled in his name alone, a portion may still be marital. If he or his sister have made transfers and you are worried about being cheated, you may need to file a divorce complaint to protect your rights. There are various motions that can filed to protect different assets of the marriage.

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  7. My ex filed for spousal support after almost a year of our seperation. There is no seperation/divorce papers filed.

    Answered 8 months ago.

    1. Brian Edward Sipe
    2. Kathryn L. Hilbush
    3. Christopher Daniel Leroi
    3 lawyer answers

    A number of different factors may be relevant in your case. You have hinted at enough facts, such as disability and length of separation, to show that your case is too complex for an answer on Avvo. You must get yourself a consultation with an attorney. Spouses have a duty to support each other in Pennsylvania, but as Ms. Hillbush has written, defenses are available. Good luck.

    7 lawyers agreed with this answer

  8. Husband wants a divorce I have cancer but in remission can he take our son from me

    Answered 8 months ago.

    1. Brian Edward Sipe
    2. Scott L Levine
    3. Irena Shiloh
    4. Lee Alan Thompson
    4 lawyer answers

    Many factors are important in a custody determination. Illness does not play a factor unless it would affect the ability to care for the child.

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  9. I want divorce she don't how don I start process so I can move out.

    Answered over 1 year ago.

    1. Lidia L. Alperovich
    2. Brian Edward Sipe
    3. Randi Joy Silverman
    4. William Ray Pelger
    4 lawyer answers

    If you moved back in with her, you may have to wait two years from the date that you most recently moved out. As for Alimony, certain standards have to be met. These are set out in the PA Statutes, easily googled on line. If she files for APL, as it is called, she may receive it from you. It is a guideline amount.

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  10. Requesting a new judge due to discrimination, is it possible?

    Answered over 1 year ago.

    1. David Alexander Browde
    2. Alan James Brinkmeier
    3. Brian Edward Sipe
    3 lawyer answers

    Attacking the judge in any form when you do not get results that please you is self-destruction. You will most likely be dealing with this judge for a long time, so try to understand what the judge is seeing when he or she looks at your case. Judges pick up on it when a party does not like them.

    7 lawyers agreed with this answer