Brian Edward Sipe’s Answers

Brian Edward Sipe

Huntingdon Valley Divorce / Separation Lawyer.

Contributor Level 15
  1. I want to know if I could be responsible for the bills my estranged wife made now that she has passed away. I'm in PA, her VA

    Answered over 1 year ago.

    1. John B. Whalen Jr.
    2. Brian Edward Sipe
    3. Stephen M Trezza
    4. Stephen Wills Murphy
    4 lawyer answers

    I agree. Debt collectors may contact you, but chances are they cannot do anything to collect. This is more of a probate question involving her estate.

    7 lawyers agreed with this answer

  2. Does anyone give free consultations for divorce because of desertion?

    Answered about 2 months ago.

    1. Brian Edward Sipe
    2. Danielle Agnes Peters
    3. John Abbott Fielding III
    3 lawyer answers

    A fault based divorce is more expensive than a no fault. You should be able to discuss this with an attorney during a free consultation - many attorneys in my area, myself included, give them. If you know where he lives now, you may serve him and get the process started. If he refuses to give you a divorce, you might have to wait the two year period for a no fault without consent of the other party, but it will save you a lot of money.

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  3. Accordingly to MSA my husband will payoff my student loan from his checking account. Would I be later liable for taxes?

    Answered 3 months ago.

    1. Brian Edward Sipe
    2. Lawrence S. Rubin
    3. Jeanne B. Costopoulos
    3 lawyer answers

    One concern that you should have is whether your MSA has categorized any payments as alimony. If it has, then you will be liable for the taxes. If not, then it may appear to the IRS as a transfer of property between spouses, which is not taxable. If the payment is one lump sum, then it would also appear to be a property transfer. If the payments are to be made over a number of years, the IRS may consider it to be alimony, and therefore taxable. You should discuss the details of your...

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  4. What should I do/get to prepare for a custody trial?

    Answered 3 months ago.

    1. Brian Edward Sipe
    2. Joseph Andres Guillama
    3. Kathy Jean Bloom
    3 lawyer answers

    I hate to simply say, hire a lawyer, but that is what you need to do if you are asking this question. This is such a general question, it is like you are asking to be taught custody law from A-Z as well as how to present a case. Since your children are important to you (or you wouldn't be putting yourself through this), retaining an attorney makes sense. The reason why I am writing this is that custody cases are very fact specific and require an understanding of what is relevant to the...

    6 lawyers agreed with this answer

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  5. An orthotics company is threatening to sue my mom for collections. mom has no assets and is on ss and a pension- can they win?

    Answered over 1 year ago.

    1. Allan Julius Ray
    2. Brian Edward Sipe
    3. Hale Andrew Antico
    3 lawyer answers

    Your mother sounds like she is "judgment-proof." The company may win a judgment against her, but they won't be able to collect anything because no assets exist. Will her pension be garnished? You do not give enough information to answer. A consultation with an attorney who can look over the pension papers of your mother and discuss her government benefits in detail would be worth the few hundred that it would probably cost you.

    6 lawyers agreed with this answer

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  6. If the mother of the child has custody and the court order does not mention holidays would that be considered contempt of court

    Answered 3 months ago.

    1. Brian Edward Sipe
    2. Howard M Lewis
    3. Karen Ann Ulmer
    3 lawyer answers

    You have not specified the exact custody schedule, but in general, if you have custody time and are not ordered to turn your child over to the other parent, you are not in contempt of court. The order has to specify the times that each parent has the child, including holidays.

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  7. I am curious how attorneys charge their clients. After being told one thing can they up their charges?

    Answered 3 months ago.

    1. Brian Edward Sipe
    2. Anthony Bettencourt Cameron
    2 lawyer answers

    When you say "wouldn't let you," do you mean that he counseled you not to appear? If so, he should have given an explanation and told you what would happen. The legal fees are not uncommon. You attorney has to appear before the court on your behalf for different issues. I understand your concern that he is making the work that he is doing. I would get a second opinion on the issues from another attorney. Only by sitting down with, and showing the paperwork to, another attorney, can you get...

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  8. My ex is on state parole and sells drugs, can I get sole custody?

    Answered 4 months ago.

    1. Brian Edward Sipe
    2. James W. Zerillo
    3. Irena Shiloh
    4. Kathryn L. Hilbush
    4 lawyer answers

    Based upon what you have stated you can prove, my guess is that you would get sole physical custody and that the father would get supervised visitation. As with many cases like this, I suggest that you get an attorney to make sure that the court gets the facts straight. Threats about taking the child aside, do you believe he would want any serious parenting time? Most likely someone like this would not even show up at a hearing.

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  9. Can I demand to know who is paying legal fees of the person suing me?

    Answered about 1 month ago.

    1. Brian Edward Sipe
    1 lawyer answer

    No, and it is not relevant to the question of child custody. What would you do if you found out who it is? Focus on the important issues. You child needs help and you are the parent. Make sure you spend lots of time with your child. If you do not have a custody order, file for custody right away. If you receive 40-50% custody time with your child, you will be able to get a reduction in the child support amount that you will be paying and you will have the satisfaction of having a great...

    6 lawyers agreed with this answer

  10. How large does an inheritance have to be to make a difference in a divorce settlement in pa

    Answered 3 months ago.

    1. Brian Edward Sipe
    2. Jeanne B. Costopoulos
    3. Charles R Smith
    4. Julie Rebecca Colton
    4 lawyer answers

    The answer to your question most likely depends upon the length of the marriage and how financially disadvantaged you will be, or, to put it another way, how big of a change in lifestyle the divorce will cause for you. These are two of the considerations in awarding alimony. A long marriage with one spouse doing well and the other barely getting by is a candidate for alimony.

    6 lawyers agreed with this answer