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Brian Edward Sipe

Brian Sipe’s Answers

1,118 total


  • My pension is holding back my money, what can I do?

    They want more divorce papers, which I went to the court house and got and send it to them and they told me they need more , so went back to the court house and they informed me that in the state of Pennsylvania they only have 1 page . Call the ...

    Brian’s Answer

    You have not stated enough facts for anyone to answer your question. What stage of the divorce are you in? It sounds like you have a decree, since it is one page. What papers does the pension fund manager want to see? Are they asking for proof that the equitable distribution portion of the divorce is over?

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  • Is it possible for me to get a divorce easy?

    I got married in N Ireland. I spent 14 days with my wife she cheated but not the point. I waited the mandatory 2 yrs now I just want a divorce. I have heard from seen or know anything about my ex for nearly 2 yrs. Is there any way to make this div...

    Brian’s Answer

    Depends upon what you mean by easy. The papers are not all that complicated, provided you understand the legal system. Dealing with the issue of service of process will not be straight forward. You must prove to the court that she cannot be found. You will need to do a search of some kind. If you know where she is, then you would only have to file for a divorce and serve her through a process server in NI or wherever she is. The court will grant a divorce without any other issue being handled, that is, you would be free to remarry and carry on as a single person, but you would not be able to ask for support, equitable distribution, or other claims. With a two week marriage, there is nothing that you would get under PA law anyway. That said, I would contact an attorney in NI to make sure that NI would not have issues with a PA divorce.

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  • Separated from Spouse/responsible for bills

    My questions is - if you have been separated for over a year, and cannot afford at this time to begin the divorce proceedings (and my estranged husband, of course, can), are you still responsible for any debt he incurs? Thank you. Debbie

    Brian’s Answer

    You have not stated enough facts about the bills for me to give an exact answer. However, several factors control the liability for the bills. First, you are separated, so any bills not related to the marriage are not going to attach to you. However, if he used a joint account, the company will hold you liable. The court will eventually require him to pay it. Second, any costs arising from marital property might be assigned to you by the court. However, if he is using the marital property and you are not, then he will most likely be responsible for paying the current costs. Whoever lives in the house after separation, without the other spouse, must pay the mortgage. However, once again, a caveat: if you have less income than he does, you can apply to the court for alimony pendente lite, which is a short term alimony running for the duration of the divorce case, allowing you to cover costs and get your finances in order, as well as to pay for a lawyer. Third, if he files for divorce, he must pay the court costs and the costs of his own attorney. I hope this answer helps you.

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  • Child Custody Question

    Am I permitted to put my child in an activity such as swimming without my ex's consent even if the activity is during my custodial time? We share legal custody. If I put my child in this activity despite my ex saying no, is this Contempt of court?

    Brian’s Answer

    You should not have any issue in court with putting your child in an extra-curricular activity on your time. You can do as you like on your time, except where the child's welfare is involved.

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  • Am I allowed to change the locks to keep my wife out of the house, if I do is she legally allowed to break in?

    I am the husband, I own the house outright, it was purchased solely by me 3 months before we were married. She has left and moved in with a friend with her three kids from 2 previous marriages. She has already logged a date of separation as she ...

    Brian’s Answer

    The answer is, she will be able to break in. You must file a Petition for Exclusive Possession of the Marital Residence. Under the facts you have stated, you should be able to obtain an order keeping her out, and you will be able to change the locks.

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  • Can I cancel my child support payments/order if....

    I just received temporary custody of my 15 year old son because my exwife violated our court ordered custody agreement, failed of all title 23: relocation requirements and moved him 8 hours away in another state. Judge told her she could file prop...

    Brian’s Answer

    File a modification petition ASAP. That will set the date that the modification will begin.

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  • How can we find out if he lied about working or not?

    I had gotten pregnant back in 2014.. the father told me to abort our son.. and I refused.. the father didn't speak to me basically for a year.. I told him his son was born.. he came did a DNA test.. and it turned out to be his son.. right after I ...

    Brian’s Answer

    He has to turn over tax information. However, his last tax return may not show his current work situation. This is a difficult problem. He could also be working under the table. There is no easy way to get the evidence that you need. You may have to bide your time and collect any evidence that is available over time. You may eventually be able to make a case over time.

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  • Can the amount of child support received be increased if the non-custodial parent stopped doing visitation 5 years ago?

    The child support we received is based on the children's father doing overnight visitation 1 weeknight, every other weekend, and one week vacation. He stopped doing this when he remarried over 5 years ago. The child support payments are based on...

    Brian’s Answer

    The guidelines should have given you the maximum about based upon that custody schedule, since it was such a small amount of time. As Ms Hillbush wrote, however, any change in incomes could cause the amount to go up or down. See the link below.

    http://www.pacode.com/secure/data/231/chapter1910/s1910.16-4.html

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  • Will I be forced to pay for Catholic School?

    My ex girlfriend and I share 50/50 custody of our 5 year old son. We just recently went to court over kindergarten and the judge found that my son should go to the Catholic School in his mother's neighborhood. We live about 45 mins apart. I had op...

    Brian’s Answer

    There is no clear answer to your question. If the court determined that the child's best interest is to stay in the Catholic school, then you may have to pay for half of it. More facts may be involved in making the support determination, however.

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  • Could my child's dad get me for contempt of court if i showed up but he didn't have the proper things so i left

    the dad of my child doesn't supply things for his visitation wants me to supply and i think he should. he doesn't feed her or play with her

    Brian’s Answer

    From what you have written, which is not very detailed, I would say that you are taking a risk. He may well be able to get the court to hold you in contempt. If the child needs emergency medical supplies that the father could get for himself, and he did not get them, then you might be ok. But if he was supposed to have custody of his child and you demanded that he prove to you that he had clothing or food or other items, then you refused to given him his child, then you a probably in contempt.

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