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Susan J. Sacchetta

Susan Sacchetta’s Answers

25 total

  • Divorce

    Are there attorneys available that will work on contigency fees since I dont have enough money to hire a lawyer and pay a retainer fee?

    Susan’s Answer

    It is not permissible to perform services in divorce matters on a contingent basis.

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  • Divorce

    law for divorce in pa

    Susan’s Answer

    You need to post a more specific question regarding what law you are interested in obtaining information about. There are many areas that are covered under the divorce code in Pennsylvania. Is your interest about how to obtain a divorce, the procedure or what to expect?....

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

    my father in law recently made it known that he's thinking of walking out of his marrage after 48 years. the issue is with my mother in law who has never worked a day in her life, my father in law is retired and has allot of assets and investment...

    Susan’s Answer

    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.

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

    My ten year old son's father has not seen him since he was ten months old. We were never married but he signed the acknowledgement of paternity so his name is on my son's birth certificate. He has made no attempt to see him or even contact me to...

    Susan’s Answer

    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.

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  • Common interest in real estate. Common law marriage.

    My fiancee and I lived together for 8 years in his house. I have a house in my name. He put about $50,000 into my house with the intent of us selling and us turning a profit. He's looking for women to date behind my back. What are my rights, i...

    Susan’s Answer

    Common law marriage no longer exists in Pennsylvania as of January 2005. If you took some type of action prior to January 2005 to hold yourself out as actually married, represented yourselves as married to one another and said vows of some type you may still be able to assert that you are married by common law. However, as you seem to suggest in your inquiry that he is your fiancee as opposed to your common law husband, it may be a struggle. Without marriage, you own your house and he owns his. There may be some civil claims that you each may have against the other for things that you acquired during your time together, but unless you can prove an actual common law marriage prior to January 2005, it will not be in divorce court.

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  • Family Law and custody

    I went to court and won primary custody of my daughter. She is 16 going to be 17 on December 9, 2008 and she now left my house to move back with her mother. At this age is there anything I can do.

    Susan’s 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 some evidence that it is not safe for her at mothers.

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  • Can I expunge a felony charge that I got when I was 18 years old under PA criminal procedure

    Im almost 27 and still on probation. I don't do drugs and I have had a steady work history for years. When I was 18 I got in trouble with a few friends because we spray painted a public pool. I had no money for a lawyer and so I went and received ...

    Susan’s Answer

    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.

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  • Family law alimony payments

    what steps do i need to take to petition the courts to stop alimony payments i have been making for over 25 years.

    Susan’s Answer

    The first thing you need to do is to look at the Order which put the alimony into place. Does the Order say it is non-modifiable? Does the Order indicate a duration that alimony was to be an obligation? Was the Order entered as a result of a property settlement agreement between you and your spouse or a Master/Judge's findings? In order to determine what steps will be required and whether you can modify or terminate support at all, these questions must be answered. Assuming an Order was entered without language making alimony non-modifiable, you can file a petition with the court setting forth the change of circumstances which would allow for a modification and/or termination. For example, if your ex-spouse is cohabitating with a significant other alimony would end. He or she has some responsibility to notify both you and the Court regarding this issue. A failure to do so may allow you some retroactive action. There are too many questions with your brief inquiry to be able to give you concrete advice. Perhaps if you post another question with more details a more informative response can be supplied.

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  • Child support

    Is my girlfriends income used to calculate my obligated support? Yes she does live with me.

    Susan’s Answer

    While I am not an attorney in Washington, most states base child support only on your net monthly income and the mother's net monthly income. I am assuming from your question that the mother of your child is seeking support from you for a child that you fathered with her and that you currently live with your girlfriend and have no children. If these are the facts and if Washington support guidelines are like those across much of the nation, then the courts will not look to your girlfriend's income to determine your support obligation.

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

    My fiance has a daughter who he fathered at a young age in the state of PA. For the first several years of his daughter's life, the mother completely blocked him from any access to his daughter and did not ask for child support, and due to family ...

    Susan’s Answer

    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.

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