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Brian Edward Sipe

Brian Sipe’s Answers

928 total


  • So i am looking to get married next year sometime, i am have kid that i do pay child support for my son.

    i was wondering how my fiance income, would effect that my child support? would i have to count her income, even thou my child support is max out at 50% of my income?

    Brian’s Answer

    The answer is "no." The support calculation is based solely on your income and the other parent's income. New spouses do not figure into the equation.

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  • Can my ex be fired from his job due to a second case of child support?

    My ex had contacted me today asking me to drop my support case against him because he already has a child support case against him from a previous woman. He said he needs me to drop my case because his boss wants to fire him because of my support ...

    Brian’s Answer

    What possible connection could there be between his work and the fact that he pays child support? I doubt his boss even knows that he pays support. Most business owners have someone else handle their payroll.

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  • Is there such a thing as Palimony in Pennsylvania?

    Wife makes about 95,000/year husband makes about 30,000/year. Husband is depended on wives income for his lifestyle. Husband is 55 years old wife is 53. Husband can't retire until 62.

    Brian’s Answer

    Spousal support and alimony are both available in PA for married persons.

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  • Can My ex boyfriend get full custody living out of state?

    we are expecting a baby this summer. I live in Philadelphia and plan to deliver here, He lives in a different state. He mentioned something recently about when the baby is 3 he can guarantee that he'll have custody and for me to do my 'research' o...

    Brian’s Answer

    • Selected as best answer

    I regularly handle custody cases and do not have any idea what he means. If he means he will have primary custody and you will have partial custody after the child has lived with you for three years, he needs to do some research himself. I wouldn't worry about any comments he makes - worry about being the best mom that you can be and worry about taking care of your child as best you can!

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  • I have a standing custody agreement...My ex's husband wants to adopt my son....how will this affect my custody order

    EJH

    Brian’s Answer

    I agree with Mr. Miller. Your "ex" cannot simply walk away with the child if you have been following a custody order and have been a part of the child's life. Even if you have not been seeing the child as regularly as you could have, you still have parental rights.

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  • Can I take my 1 yr old son with me if I am unmarried and there is no legal custody established? And how can I do this?

    My boyfriend and I are seperating and he doesn't care that I go but forbids me to take my son. I want my son, but I dont want to be accused of abandonment because he refused to let me take my son. Can I legally take him with me?

    Brian’s Answer

    You may legally take him with you if there is no custody order in place. He may take him back if he has the opportunity and so long as he does not attack you to do it. You should probably file for custody before you leave with your child so that this can be taken care without bitterness.

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  • If a mother has duel citizenship in another country and sole temporary custody can the father put a stop on the passport. from

    Leaving the country

    Brian’s Answer

    Yes, under the right conditions. If there is reason to believe that mother will take the children and refuse to return them, then yes, you can get the children's passports and (hopefully) keep them from leaving the country.

    If there is a custody order in place, the other country takes part in the Hague Convention, and she has connections to this country that make her return seem probable, then the court will most likely let her visit.

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  • Should I petition to withdrawal my divorce complaint? (Delaware County, PA)

    Is there any downside to petitioning to withdrawal my divorce complaint? It was filed 5 years ago, but no further action was taken to process the divorce at that time. My spouse and I stayed together albeit as roommates, quite amicable, as we fi...

    Brian’s Answer

    You can do that for the reasons that you have stated, but keep in mind that he may oppose the withdrawal and, even if you do withdraw, he may claim that the two of you were living separate and apart for that whole time.

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  • What's the next step I have to take if my husband refuses to sign the divorce papers?

    I went and paid my $186 to start the divorce, got the paperwork and case number. My husband started off by saying that he would sign them. This is a no fault divorce. Now he is refusing to sign any of them. He won't even sign the one that states t...

    Brian’s Answer

    You need to hire a process server to serve him at home or, if necessary, at his workplace. This is necessary to start the process of divorce.

    He may legally make you wait two years before he agrees to the divorce, unless you have been living separate and apart for two years already.

    You are living separate and apart even when living in the same house if you are living separate lives and not having marital relations.

    If he earns more than you, you may be able to force him to pay alimony pendente lite (short term alimony), which may cause him to move forward with the divorce.

    Good luck.

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  • My son is 16 and has a job but his mother is still trying to interfere with my time?

    I have my son every other weekend, he just turned 16 and wanted a job his mother emailed me asking me if it would be ok if he worked on my weekends I get him fri at 6 to sun at 6 I said no for 2 reasons one he is failing 2 grades and I feel he nee...

    Brian’s Answer

    If she does not follow the custody order, you should file a contempt petition. She has to follow the order, regardless of whether your son wants to work on your time or not. You may be able to get alternate time or the court may agree that he shouldn't be working if he is failing classes. Either way, you have to stand up for yourself in court.

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