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Brian Edward Sipe

Brian Sipe’s Answers

1,055 total


  • Can apl be longer than 1 yr. if no divorce is going ahead?

    The wife is getting apl, cannot pay the school tax, gets a small amount of money from spouse, who has another home, left her, abandoned her, and gets a good disability..can the apl be more than 1 yr?

    Brian’s Answer

    The answer is "yes." APL can also be stopped by the court if the person receiving the APL refuses to move forward. Further information is needed.

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  • Ex wife defaulted on mortgage?

    about two years ago, my ex wife and I divorced. We had it written in the seperation agreement that she would obtain the house and would be responsible for the bills and mortgage until she could refinance the property in her name only. Fa...

    Brian’s Answer

    Most likely, taking your name off of the new house's deed will not effect anything, since the mortgage lender would have a difficult time trying to go after the new house. The remainder of the debt after a foreclosure will be unsecured debt. The lender might get a judgment against you, but would not have a right to force a sale of your new home since your wife also owns it and there is also a secured lender with rights in it. Also, sudden gifts of property after a creditor sues you are often voided by the court.

    You should have some kind of agreement that allowed your ex-wife to stay in the home with you on the deed. You should look into what your rights are under that agreement

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  • If my divorcing wife moves out of the house, is she still responsible for the mortgage payment?

    My wife and I are in the early process of getting divorced and haven't yet agreed on anything (custody, equitable distribution, etc). She wants to move out immediately. If she does move out, is she still responsible for paying 1/2 the mortgage sin...

    Brian’s Answer

    No, but she could be made responsible through a support hearing. If you cannot pay it and it is a large enough percentage of your monthly income, the court will increase an APL payment by up to 50% of the mortgage payment.

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  • Does alimony end in PA with remarriage? Is there a way to request it continue? Does financial contribution of new spouse matter

    My current girlfriend is going through a divorce. Her ex makes far more money that she and she is seeking alimony. We are planning to marry shortly after her divorce is final, but will that automatically end her right to alimony, or can her attor...

    Brian’s Answer

    It depends upon the alimony. Different types of alimony have different rules. However, the most common kind of alimony does end with the cohabitation of the receiving individual with another person.

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  • In a divorce, does my wife get equity in my pre-marriage house, prior to her name being added to the mortgage and deed?

    Prior to marriage I bought a home and put down $65k, using money from a family loan. 1 year later I got married, at which point our combined incomes were paying down that loan. 1 year after getting married, my wife signed on to that family loan. 2...

    Brian’s Answer

    • Selected as best answer

    Once you put your spouse on the deed, she was an owner with you with equal right to the property and any and all equity in it. If you put money down on the house, you can make an argument that you should get the deposit money back as your own, pre-marital property. However, you may be facing a problem with that if she has been paying the loan back from which the money came. You might be able to argue for the amount of money that you paid back to your family, but only if nonmarital funds were used.

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  • How are Custody Exchanges Normally Defined in a 50:50 Custody Arrangement

    Is there a default rule? Is it the parent who has them delivers to the other, or the parent to get them pick them up? Say I am scheduled to have my children an evening, but that day the kids are in school in her area. Since I deliver the kids...

    Brian’s Answer

    The rule is you do whatever works as long as it is fair to each party. There is no reason why one person should have to do all of commuting, and I have never seen a judge require anyone to do so. Usually, it is 50-50 with one party dropping off and the other picking up.

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  • Do grandparents have rights in PA? If so, where can I find out what they are?

    Our 9 yr old granddaughter lives with maternal grandmother.Home is 140 mi from us. She has been coming & staying with us since she was 14 mos old.We have a clean, stable, loving home.We have never hurt nor neglected her in any way.Now after 9 mos ...

    Brian’s Answer

    Pennsylvania does recognize grandparent's rights, although you have not given enough information for anyone to tell you where you stand. Follow the link below to see the statutes governing child custody. Then perhaps re-post a specific question.

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  • What is the age of a child to be for the parent to stop paying child support in NY state?

    I used to live in New York Long Island but now I live in PA I have two children my oldest one is 22, my youngest is 20. I thought the age was 21 but childsupport keeps taking money for both children. Any advise would be great thank you.

    Brian’s Answer

    You must re-post this in the NY state section of Avvo. PA lawyers cannot speak for NYS.

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  • I have a court order for 50% custody only notice it ever mentions is for either party to move. I plan on going out of state...

    I plan on visiting someone out of state only 30 minutes away but it is out of state. The mother of my child demands i tell her exactly who what when where. As i mentioned the only mention of giving the other party any notice is to move residence.D...

    Brian’s Answer

    • Selected as best answer

    You do not have to tell her anything for a routine visit to someone so close. This is not a move. She found out, though, so I recommend that you tell her general information such as who it is or the city or something. This protects you in case she complains in court. You will be able to say that not only is she being unreasonable, but you even gave her information to satisfy her.

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  • Im separated from my husband what are my rights as far the money is concerned I also never got any child support

    been separated from him for 12yrs he now has a girlfriend I think he has had her for quite a whilehe used to buy food paper product s n cleaning things n at times he would give me little money I don't know if its her having a hissy fit when he buy...

    Brian’s Answer

    You can file for spousal support and child support without filing for divorce. You also have options once the divorce is filed. Your question and facts are vague enough that many different answers could be given, depending upon your situation.

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