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Rebecca Anne Myers
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Rebecca Myers’s Answers

168 total


  • Is my wife entitled to 1/2 the premarital equity in our house if she's on the deed?

    I bought a house before I got married and had $50,000 in equity money put down. 2 years after getting married (3 years after buying the house by myself) I added my wife to the deed and mortgage so we could get the house refinanced and put on an ad...

    Rebecca’s Answer

    Yes. Placing her on the deed gave her an interest in the entire property, not just he marital portion. however, Pennsylvania believes in equitable distribution which is not necessarily equal. you are free to argue that you should receive more of the equity in the house due to your premarital contributions to its value. you should talk to a a lawyer about asserting such an argument.

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  • How does one impel their attorney to action? It's been 4 years waiting for a divorce settlement. My attorney is overextended,

    I'm unable to get a response either by email or phone. I'm told she's in court. I've just been told for the fifth time that there another postponement regarding financial disclosures by my wife. I am desperate to complete this mess. Other than sta...

    Rebecca’s Answer

    there may be many reasons that your attorney is not available or that things are delayed, but at the end of the day, divorce is one of the most difficult things a person can experience and its imperative that you be comfortable with the attorney helping you through it. It sounds like that is no longer the case and i would suggest finding new counsel if your attorney is unable to rebuild that necessary comfort level with you.

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  • My 6 yr old son mother moved and refuse to tell me where

    There's no legal action against me or established custody of child.and we were never married

    Rebecca’s Answer

    Her actions are totally unacceptable .you should speak with a lawyer in your area right away about initiating custody proceedings and obtaining an order requiring her to return to PA

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  • What's included in a mortgage deviation payment?

    If I'm paying my spouse a mortgage deviation payment, am I still responsible to contribute to the additional household expenses that are not part of the mortgage payment, i.e., utilities, cable, internet, security system?

    Rebecca’s Answer

    The mortgage deviation should cover contribution to the mortgage or other loans secured by the home (lines of credit, home equity loans) real estate taxes and insurance. It does not include utilities, security system etc. If you are paying support, including a mortgage deviation, these other expenses would typically be responsibility of the party in possession of the residence. You should have an attorney review your support order to be sure.

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  • If there is a custody agreement allowing child to visit dad, is mom allowed to require notarized itinerary for visit

    Mom not following custody agreement 2 years in a row. Does not pick up phone when das calls. Does not return calls for child to talk to dad. Dad lives in PA, child, 6, lives in FL. Mom also did not allow visitation as set in custody agreement last...

    Rebecca’s Answer

    It sounds like Mom wants to make up new rules when it benefits her and not follow the ones that are in place. While it is not uncommon for an itinerary being provided i have never seen one needing to be notarized. If mom is not following or trying to avoid following the visitation provision by making up a bunch of hoops to jump through, you should contact an attorney in your area to assure your rights are being protected.

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  • Custody

    My ex has not seen the kids for all most 5 years an now she has left the state of pa can she lose her rights to visit tattion

    Rebecca’s Answer

    that is a basis to either modify the order to limit visitation further, or to terminate parent rights if there has not been a effort to maintain contact with the children and if you have a current spouse who would want to adopt them .However, if there is not the possibility of a step parent adoption the court will not terminate parental rights. As to the modification, if you go to court to change the order, you have to tell her, and that could cause her to pop up and start trying to exercise custody again.

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  • How are pets separated in divorce?

    My brother and his wife had gotten a divorce. While they were still together they gave my parents and I their two dogs to take care of because my brother traveled for work and she couldn't handle the dogs by herself. They have been separated for 2...

    Rebecca’s Answer

    Pets are, unfortunately, generally treated as personal property in divorce. They are not afforded any greater role than the divisions of say, the living room furniture. However, in a private agreement, the parties can agree to share "custody" of the pets.

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  • Seperated three years don't know where my ex is want to file divorce

    I don't know any address for my ex am very frustrated what can I do

    Rebecca’s Answer

    It is still possible to proceed with a divorce, but it does require some additional hoops to jump through. you need to make a reasonable and diligent search to find out where your spouse is at. If you have tried that, you can ask the Court to allow you to serve them by alternative means. This may include publication or another way. We recently had a judge approval service though facebook message. It is important though that you be able to show you tried to find to find them.

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  • Can a California State Judge make a ruling on a parenting plan filed in the State of Washington?

    Son is 21 years old and his mother is coming after me for medical bills not paid from 2007.

    Rebecca’s Answer

    You should repost this in CA and WA for advice.

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  • How long does a father have to be out of a child's life before it's legal abandonment?

    My daughters father hasn't exercised his partial custody since May 2013, He only contacted her on Christmas Day 2013 and she hung up on him. She is ten years old and has been diagnosed with PTSD due to abuse from her father. He is already on restr...

    Rebecca’s Answer

    Attorney Hilbush is correct. First you will need to show the lack of contact for 6 months and that the termination will be in the best interest of the child

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