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Scott L Levine
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Scott Levine’s Answers

243 total


  • Is it likely my support will get raised? What's to keep her from not looking for new employment or doing this in the future?

    My exwife was recently fired from her job for willfully breaking company policy. She even had the nerve to tell me before it happened saying "they can go ahead and fire me, I don't care!" Due to this she no longer has an income and is threateni...

    Scott’s Answer

    A voluntary reduction in income by should not result in the Order being modified. They should be held to the prior earnings if loss of employment was willful or resulted from their actions. See PA RCP 1910.16-2 (d)(1): http://www.pacode.com/secure/data/231/chapter1910/s1910.16-2.html

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  • Filing for a divorce, no children or shared assets. Can I self represent myself in Pennsylvania?

    I am looking to file for a divorce fairly soon. We have no children & no shared assets. I live in the state of Pennsylvania, near Pittsburgh but am trying to relocate to another state after filing paperwork. I am wondering if this will cause any ...

    Scott’s Answer

    In theory, you certainly can handle divorce proceedings pro se (No attorney) and many people do. However, even in an uncontested divorce where everything is completely amicable, there are still issues which may require a professional. Moving out of state does not present a problem for the initial filing, but you'll need file the final documents and final filing fee using the online system if you're not able to file in person downtown. If you are having concerns NOW, regarding how to simply begin this process, it may be of great value for you to consult/retain local counsel.

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  • What should we do first to start an appeal of this move? Should he file contempt or modify custody?

    My husband has shared physical and legal custody of his 6 yo daughter. They have a court order stating that neither parent can relocate with out agreement from the non-relocating party or a court order granted permission. My stepdaughter's mother ...

    Scott’s Answer

    She has not complied with the procedure for relocation set forth by 23 Pa. C. S. Section 5337 which may be addressed via a Petition for Special Relief seeking to return the children to the jurisdiction of the Order pending a relocation hearing.

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  • What can i do about a breech in custody agreement

    I had full physical custody of my children for over a yr. Their father and i agreed that when he moved into the school district we would split custody. It has been 7 months and his wife refuses to abide by the no smoking around the children clause...

    Scott’s Answer

    There is no specific part of PA Custody Law which addresses secondhand smoke. However, the law does consider "the best interests of the child" which is an area that is impacted by the behavior. While each case is different and every Judge is different, I personally had a case where the Judge included a no-smoking clause in an Order and the Order was not appealed. In that case, the Order stated that neither parent, nor any member of their household would smoke in the presence of the children during their custodial time. So it would not be unheard of to obtain the relief you are requesting, it would just depend on your Judge OR cooperation by Father to address this with his Wife to avoid having to bring it to court.

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  • Is their anything I can do have the courts order my ex wife a paternity test for our child?

    I was married to a woman for 7 years and we had 3 children together. We eventually divorced after she admitted to having numerous affairs. I have always questioned if the youngest child was actually mine during the course of our marriage but to ...

    Scott’s Answer

    In PA a child born in wedlock has been presumed to be the child of the Husband. The doctrine of Paternity by Estoppel has prevailed despite being weakened in some circumstances. In 2013, the PA Superior Court last addressed this issue. You should contact a local attorney for a review of your specific situation.

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  • Can I put an pfa on my exgirlfriend a day after she has put one on me?

    can I put a pfa on my exgirlfriend a day after she has put one on me.we have not gone to court yet.i want to clarify that she is the abuser.i have been assaulted by her in many ways.black eye,punched in transplant kidney,punched in the mouth and b...

    Scott’s Answer

    Happens all the time; It's called Cross-PFA's and will allow the court to address potential no-contact orders protecting one or both of you at the final hearing date. Often the second to file is the true victim and receives the only Final Order.

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  • Do I have to keep my husband on my health insurance? He has mine through work as well as medical assistance through the state.

    My husband and I have decided to separate. We haven't done so legally. We've moved apart and have set up a custody agreement for our kids.

    Scott’s Answer

    If you have maintained coverage for him to date, you will need to keep this coverage until the Divorce is final unless he agrees otherwise.

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  • My question is can I get emergency custody of her until he cleans his act up? Yes I have a custody order already..

    My daughter is 5 almost 6 years old.. I have primary custody of her. She goes to her dads on weekends and comes back with lice. This has been going on for a month now.. The school she goes to checks her hair 3 times a week. The first time she came...

    Scott’s Answer

    There is no right answer regarding what you should do. If Father remains unwilling to address these concerns voluntarily, there are several options available to you including filing a Petition for Special Relief and/or Filing for a Modification of Custody.

    Also, while I doubt that your present Custody Order is so detailed that it contains specific language regarding the issues complained of, moving forward, any new Order could include specific detailed language regarding hygiene, etc., which could be enforced in the future in the event the issues were not resolved, or arose again.

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  • When filing petition for modification with court will they require you to do mediation first, then pre trial then trial?

    Existing court order in place for past couple years in PA. Seeking modification to primary custody based on change of circumstances (child's preference and medical).

    Scott’s Answer

    In Allegheny County, Custody Modification requires preparing a Petition for Modification (including complying with all the relevant requirements); taking the documents to Generations to obtain a Mediation date; then taking the Petition to the Department of Court Records for filing and payment of the $250 filing fee. Then the a copy of the filed Petition must be served on the opposing party; proof of service is then filed with the Department of Court Records and a copy provided to Generations. After all that, the Mediation will proceed (unless a domestic violence waiver was filed), followed if necessary by a request for a Generations Conciliation, and the Conciliation itself, then at least one Judicial Conciliation before there will be a hearing (trial) on the Petition. You can obtain assistance with this process from the Self-Help Center located on the First Floor of the Family Law Facility, or you can contact a local attorney for more information. Good Luck!

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  • Is her name printed on the order still vaild or can I contest it in court?

    My ex and I have a no contact order I signed it and the judge signed it. She printed her name instead of signing it. (Wrote it out instead of in cursive.)

    Scott’s Answer

    If you consented to a Final PFA Order (without having a hearing) which was then signed by a Judge, the Order and its contents should still be valid. There may be other issues connected to this for which you may still obtain relief depending on the exact terms of the Final Order. If you did not have counsel for the PFA, you may want to contact a local attorney for clarification of your Order.

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