Lisa Marie Vari’s Answers

Lisa Marie Vari

Pittsburgh Divorce / Separation Lawyer.

Contributor Level 14
  1. Financial Disclosure

    Answered 3 months ago.

    1. Lisa Marie Vari
    2. Nicole Kessler Ferry
    3. Rebecca M Nunez
    3 lawyer answers

    According to Florida Rule of Family Procedure 12.285(c) (Exemption from Requirement to File and Serve Financial Affidavit): The parties shall not be required to file and serve a financial affidavit if they are seeking a simplified dissolution of marriage (meaning uncontested) they have no minor children, have no support issues, and have filed a written settlement agreement disposing of all financial issues, or if the court lacks jurisdiction to determine any financial issues. Hope that helps.

    9 lawyers agreed with this answer

  2. Can a male illegally here in the U.S with a warrant for deportation claim custody of the kids?

    Answered 4 months ago.

    1. Lisa Marie Vari
    2. Giacomo Jacques Behar
    3. Kyndra L. Mulder
    4. Nasir M. Khan
    4 lawyer answers

    Generally, the family courts are not concerned with a person's immigration status unless it affects the best interest of the children. The father can certainly petition for custody/time-sharing, but he has to show it's in the best interest of the children for him to have custody/time-sharing. If he is to be deported and wants to file a petition for relocation, asking the children to move to his country, he has to show the court this is in the children's best interest. That may be difficult for...

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  3. I am wondering how to ammend a custody agreement that i agreed to it is 50/50 every other week

    Answered 11 months ago.

    1. Lisa Marie Vari
    2. Michael Kuldiner
    3. Susan J. Vandegrift
    3 lawyer answers

    In Pennsylvania a Petition to Modify an Existing Custody Order can be presented to the court at any time until the minor children's eighteenth birthdays. The law requires that judges consider the best interests of minor children and may grant a modification even if there has not been a change in circumstances. A request for modification of an existing custody order must be filed to begin the formal court modification process. The UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act)...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Is my marriage illegitimate?

    Answered 5 days ago.

    1. Lisa Marie Vari
    2. Steven David Miller
    3. William Charles Rosenfelt
    4. Robert Jason De Groot
    4 lawyer answers

    Your marriage is void. You should seek to have it annulled, and should do so with the assistance of a lawyer so as to protect yourself from any possible criminal penalties. Best of luck to you.

    7 lawyers agreed with this answer

  5. If there is child support arrears and the child reaches 18 and/or graduates from high school must payment of arrears continue?

    Answered 4 months ago.

    1. Lisa Marie Vari
    2. Betty Elaine Jones
    3. Robert Jason De Groot
    3 lawyer answers

    Yes. The child support arrears that were ordered is a vested right that does not disappear when the child turns 18. That would be like skipping payments on a lease agreement and when the lease is up saying you don't owe the money for the skipped months. You still had the leased item during the skipped months, and similarly, your child still needed necessities during the skipped months of payments which the other parent paid without help at that time.

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  6. What happens next if my spouse refuses to serve the divorce papers or responses with 'NO' answer within 20 days?

    Answered 9 days ago.

    1. Eric J Trabin
    2. Markus Ankuan Sermons
    3. Michael Charles McGinn
    4. Matthew Brian Podolsky
    5. Lisa Marie Vari
    6. ···
    7 lawyer answers

    I agree with previous posters, but would add that if your wife responds in writing that she does not want to divorce or that the marriage is not irretrievably broken, according to Fla. Stat. 61.052, the court may order either or both of you to consult with a marriage counselor or other qualified person for consultation. In the alternative, the court may continue the case for no more than 3 months to give you and your spouse a chance to reconcile. Best of luck to you.

    6 lawyers agreed with this answer

  7. Can one parent voluntarily sign over their parental rights, and without the consent of the other parent?

    Answered 10 days ago.

    1. Lisa Marie Vari
    2. William Charles Rosenfelt
    3. Jeffrey B. Lampert
    3 lawyer answers

    Him being on the birth certificate creates a presumption that he is the father, but to formally establish his parental rights and obligations (visitation, child support, etc.), a paternity action needs to be filed. Generally, Florida law does not allow a parent to just voluntarily surrender his/her parental rights, especially when there is no one willing to assume the surrendering parent's rights/obligations.

    6 lawyers agreed with this answer

  8. How do I get money from a home purchased after marriage if spouse doesn't want to sell?

    Answered 11 days ago.

    1. Steven David Miller
    2. Lisa Marie Vari
    3. William Charles Rosenfelt
    4. Robert Ricci
    4 lawyer answers

    If divorce has already been filed, you need to include a claim for partition in your pleadings. If the two of you cannot agree on who retains the home/pays equity to the other for the value of the home, or some other satisfactory arrangement, the court may order that the property be sold and the proceeds divided. Specific language is necessary for a partition action to stand so I encourage you to meet with a lawyer with whom you are comfortable for specific advice on how to proceed. Best of...

    6 lawyers agreed with this answer

  9. Divorce in Florida..Can I become homeless because my husband wants a divorce ? He is kicking my out of the home. Please help.

    Answered 17 days ago.

    1. Lisa Marie Vari
    2. Robert Jason De Groot
    3. Steven David Miller
    4. Stephanie Mcqueen
    5. William Charles Rosenfelt
    5 lawyer answers

    If your husband owned this property prior to marriage, it is his separate property, but that does not necessarily mean he can kick you out if you are getting divorced. You may be entitled to alimony, and alimony may include the right to live in the marital home. You may be entitled to a credit for marital funds spent improving or otherwise reducing the debt on the home. You should schedule an in-person consultation with a lawyer with whom you are comfortable to get more information since this...

    6 lawyers agreed with this answer

  10. Child Support and APL Calculations: Net Income Determination.

    Answered 9 months ago.

    1. Lisa Marie Vari
    2. Kerith Strano Taylor
    3. David James Henry
    4. Kathryn L. Hilbush
    4 lawyer answers

    First, let me say, that what sounds like "should be simple" is oftentimes more complicated than it seems. As such, I would urge you to consult with an experienced child support attorney in your area to learn the answers to your questions, as well as how best to proceed in a child support action. However, you are correct in that the starting point for child support in Pennsylvania is the parties' net monthly incomes (Pa.R.C.P 1910.16-2(c)). To calculate net income, the following items are...

    6 lawyers agreed with this answer

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