Lisa Marie Vari’s Answers

Lisa Marie Vari

Pittsburgh Divorce / Separation Lawyer.

Contributor Level 12
  1. When separated but still legally married who gets to claim the children on taxes?

    Answered 3 months ago.

    1. Lisa Marie Vari
    2. Steven M Zelinger
    3. Thomas J. Wagner
    4. Irena Shiloh
    4 lawyer answers

    Based on the facts you've supplied, I would suggest that you consult with an experienced family law attorney as soon as possible. Since you indicated that you currently receive child support and spousal support, it is possible that the answer to "who gets to claim the kids on their taxes" may be answered by the terms of your Support Order. Also, you mentioned that there's a "hearing for custody" scheduled for next month --- if you haven't already, I would strongly suggest that you retain an...

    4 lawyers agreed with this answer

  2. Controlling mother has custody of my 6 year old.

    Answered 3 months ago.

    1. Deborah G. Zitomer
    2. Lisa Marie Vari
    3. Kathryn L. Hilbush
    4. Michelle Ericka Goldstein
    4 lawyer answers

    I agree with my colleagues' thoughts above, but I would add some additional details about Grandparents' Custody in Pennsylvania. Specifically, although the Custody Law in PA allows grandparents to pursue custody of their grandchildren in limited circumstances, the law is clear that the rights of a parent will almost always trump the rights of a grandparent. Of course, additional details are needed to determine how you should proceed. Accordingly, I would encourage you to speak with an...

    4 lawyers agreed with this answer

  3. Presently separated. I am paying child support and spousal support

    Answered 3 months ago.

    1. Kathryn L. Hilbush
    2. Lisa Marie Vari
    2 lawyer answers

    I agree with my colleague's answer above, your divorce attorney will best be able to evaluate the impact spouse's living situation may have on a potential alimony award. But, for your reference - the Court looks to 17 factors to assist it in making the determination if alimony is necessary; and, if so, the nature, amount, duration, and manner of the payment of alimony. The factors are: (1) The relative earnings and earning capacities of the parties. (2) The ages and the physical, mental...

    4 lawyers agreed with this answer

  4. Can my daughter ask her husband to leave house she owns? She is seeking a divorce after less than one year married.

    Answered 3 months ago.

    1. Lisa Marie Vari
    2. Dawn Elizabeth Padanyi
    3. Estela Matta
    4. Ronnie Louis Creazzo
    5. David James Henry
    5 lawyer answers

    As my colleagues above have suggested, I would urge your daughter to meet with an experienced Pennsylvania divorce attorney to learn about her rights and options. Although all legal matters are best handled with the assistance of an attorney, your daughter's situation is one that certainly requires the attention of a seasoned family law attorney as it may not be in her best interest to file the Divorce Complaint. With all the facts and details, a knowledgeable PA divorce lawyer will be best...

    4 lawyers agreed with this answer

  5. Can my ex girlfriend add more to a pfa than what has been written in court?

    Answered 5 months ago.

    1. Lisa Marie Vari
    2. Lidia L. Alperovich
    3. Kathryn L. Hilbush
    4. Scott L Levine
    4 lawyer answers

    I'm gathering from your facts that your ex-girlfriend filed a Petition for Protection from Abuse and was granted a Temporary PFA, pending the final hearing. If this is the case, then the facts that she alleges in Petition are just that -- allegations. At the final hearing, you will have the opportunity to present evidence and testimony to defend against the facts alleged in her Petition. However, I would caution you that in Allegheny County, a large number of Protection from Abuse matters...

    4 lawyers agreed with this answer

  6. Can the same lawyer represent a Defendant in a PFA and Divorce without violating the "third person no contact" order in the PFA?

    Answered 5 months ago.

    1. Lisa Marie Vari
    2. Joseph John Nash
    3. Kathryn L. Hilbush
    3 lawyer answers

    I agree with my colleague above. I would add that it is not uncommon for a party to utilize the same attorney to represent their interests in both a Protection from Abuse ("PFA") matter and a divorce matter, as a PFA is often then the first contact the parties have had with the family court. I would also stress that you should contact an experienced Pennsylvania Divorce Attorney to learn more about the divorce and equitable distribution process in Pennsylvania and how to protect your rights....

    4 lawyers agreed with this answer

  7. Am I in violation of a pfa if I never received notice of it ?

    Answered 5 months ago.

    1. Lisa Marie Vari
    2. Kathryn L. Hilbush
    2 lawyer answers

    From the limited information you have provided, it sounds like your spouse filed for a Protection from Abuse ("PFA") Order and was granted a "Temporary PFA Order", which the Court enters as a protective measure pending the final hearing date. Although a Temporary PFA may be granted ex-parte (without notice to the Defendant), Pennsylvania law requires that a Defendant be served with notice of the Temporary PFA (and final hearing date) such that s/he has an opportunity to appear and present a...

    4 lawyers agreed with this answer

  8. Can a Father loose his childs custody if he have a charge of gran theft 3rd degree?

    Answered 19 days ago.

    1. Lisa Marie Vari
    2. Howard Iken
    2 lawyer answers

    He may not lose custody, but his visitation may be restricted until he can prove he is not a danger to the children. Restrictions on visitation include supervised visits through the court and/or therapeutic visits. Best of luck to you.

    Selected as best answer

  9. How do I file an amendment of our current time sharing agreement and parenting plan? Do I also file a motion for contempt?

    Answered 2 months ago.

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

    You would need to file a supplemental petition for modification of the parenting plan which states that there has been a substantial, material and unanticipated change in circumstances, detailing those changes and telling the court why it is in your son's best interest that the current parenting plan be modified. In addition, based on the fact that there is a domestic violence case pending, if a temporary injunction is in place, you may have grounds to file an emergency motion to suspend...

    Selected as best answer

  10. Should i agree to a motion to vacate if the non custodial parent stopped paying child support for 5 months since child moved in

    Answered about 1 month ago.

    1. Brent Allan Rose
    2. Betty Elaine Jones
    3. Lisa Marie Vari
    4. Karol S Pierce
    4 lawyer answers

    You should get an attorney to look at the agreement, but generally it sounds like the right thing to do is to work out paying him back for the time the child was with him. More information is needed to fully answer your question, which I believe cannot be answered in this forum. Again, you need to schedule a consultation with an attorney. Good luck!

    3 lawyers agreed with this answer

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