Susan J. Sacchetta’s Answers

Susan J. Sacchetta

Paoli Family Law Attorney.

Contributor Level 8
  1. Can I expunge a felony charge that I got when I was 18 years old under PA criminal procedure

    Answered over 5 years ago.

    1. Susan J. Sacchetta
    2. Carl A Munson JR
    3. Patricia Elizabeth Fox
    4. Daniel Spivey Adkins
    5. Teresa Elizabeth Williams
    6. ···
    7 lawyer answers

    If you were convicted of a crime it cannot be expunged. You can only expunge records where you were not actually convicted. For example, if you had applied for and been placed on ARD, a program that allows you to not admit to guilt but places you on probation and gives you certain conditions to satisfy, then after you satisfied those conditions you could have the record of your arrest and charges expunged. An actual conviction cannot be expunged.

    5 people marked this answer as helpful

  2. I went to a custody conciliation conference in PA courthouse today. No court reporter or tape recorder. Legal?

    Answered almost 2 years ago.

    1. Susan J. Sacchetta
    2. Eric D. Strand
    2 lawyer answers

    Westmoreland County apparently utilizes an initial non-record proceeding such as a conciliation conference which is in keeping with the Rules of Procedure. If you did not reach an agreement at that conciliation conference, the conciliator is to notify the court that the matter should be listed for trial pursuant to Rule 1915.4-3. You may want to look at the local rules applicable to Westmoreland County to determine if you are required to take any other steps to get it so listed.

    2 lawyers agreed with this answer

  3. PA family law, termination of absent parent's parental rights

    Answered over 5 years ago.

    1. Jason Kutulakis
    2. Susan J. Sacchetta
    3. Margery Ellen Golant
    3 lawyer answers

    If your current husband is willing to adopt your son you will most likely succeed. A petition to terminate parental rights needs to be filed (along with an adoption petition) and you will need to get appropriate service on the father in order to proceed.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Child Support

    Answered about 6 years ago.

    1. Stephen J. O'Brien
    2. Susan J. Sacchetta
    3. Jarret S. Niesse
    3 lawyer answers

    The question is what does he mean by "joint custody?" Is he talking about shared physical custody and threatening that he will seek to have your daughter 50% of the time or is he talking about periods of partial physical custody? Shared physical custody is not likely to result, but it probably just a threat to keep you from seeking support. Partial physical custody means he has her some of the time and unless he is not fit as a parent that is probably a good thing. If he does seek partial...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. PA divorce law, can my mother in law seeking spousal support if husband of 48 year seeks divorce

    Answered over 5 years ago.

    1. Susan J. Sacchetta
    2. Avvo Staff Moderator
    2 lawyer answers

    It is not likely that he could throw your mother-in-law out of the house as it is most likely a marital home. If he leaves, she needs to go to Domestic Relations immediately and file for support. All of his assets and investments will be discoverable, as well as his income. It is probable that your mother-in-law will receive 40% of his net monthly income as support until they divorce and most likely she will then be entitled to alimony for a significant period of time.

    1 lawyer agreed with this answer

  6. Family Law and custody

    Answered over 5 years ago.

    1. Susan J. Sacchetta
    1 lawyer answer

    Assuming your daughter can articulate genuine reasons for wanting to live with her mother and assuming her mother is not unfit, it is not likely that you would be successful. Technically, her mother needs to petition the court to modify the custody order because you continue to have primary custody until the order is actually modified. So technically, she is to reside with you, but it is unlikely that without court intervention the police would force her to return to you at this age without...

    1 lawyer agreed with this answer

  7. Can the mother of my fiance's daughter come after my income once we're married?

    Answered about 6 years ago.

    1. Lauren Hope Kane
    2. Stephen J. O'Brien
    3. Susan J. Sacchetta
    3 lawyer answers

    The court will not utilize your income to determine your husband's child support obligation for a child that is not yours. Relative to a lawyer in the area I can provide you with a name of an attorney if you contact my office.

    1 lawyer agreed with this answer

  8. Should he be able to claim her without my permission

    Answered over 6 years ago.

    1. Stephen J. O'Brien
    2. Susan J. Sacchetta
    3. Anthony John Colleluori
    3 lawyer answers

    As the custodial parent, you claim your child unless you agree otherwise or unless a court has ordered otherwise. He is not entitled to any of the refund as that was factored into your net monthly income when the support amount was arrived at. Domestic Relations takes into consideration the tax obligations of both parties when arriving at the net monthly income on which to base the support obligation. If for some reason you agreed that he take the tax deduction then his monthly support...

    1 lawyer agreed with this answer

  9. Will my spousal support end?

    Answered almost 3 years ago.

    1. Susan J. Sacchetta
    1 lawyer answer

    No, it is not likely that the support will end. I assume that you are paying the support through a court order. Given that assumption, the support will continue to be your obligation until an Order is entered which terminates support or you are divorced. Divorce is not automatic after two years, there are pleadings that are required to be filed and if you have not resolved all of the outstanding issues (i.e. equitable distribution of property etc.) you will not be able to finalize the...

    1 person marked this answer as helpful

  10. PA child support laws

    Answered over 5 years ago.

    1. Susan J. Sacchetta
    1 lawyer answer

    If the father has 18 out of 30 overnights he is considered to have primary physical custody of the children. Typically this would result in his spouse being responsible to him for some child support (with an adjustment for anything over 40% of the overnights). However, there are cases which would still require Father to pay child support and it is dependent upon the income and/or earning capacities of the parties.

    1 person marked this answer as helpful