Category Archives: Family Law

Can my divorce agreement be modified?

Q: When my agreement was made I was living with my elderly father in his home. He has since passed away. In his will the house was given to my brother, sister and myself. The problem for me now is that I must take a mortgage out to give my siblings their equal 1/3 of what the property is worth. My income after my financial obligations is maxed out and does not leave me the ability to pay on a mortgage. In fact, I do not have the ability to find a place to rent if we sold the house outright. The only reason that I was staying afloat was that I did not have a mortgage or rent payment to pay. Unfortunately, this was not considered when I signed a totally one-sided agreement. (Pittsburgh, PA)

A: No one can answer this without looking at the agreement. If the agreement was incorporated and not merged into the divorce decree and the 30-day appeal period has lapsed, any terms agreed upon including alimony are probably binding. An experienced divorce attorney will know whether there is any chance of modification by looking at it.

What happens when a PFA victim contacts the guy?

Q: There was a PFA put on him while he was in jail, that he wasn’t a part of because it was an alleged domestic situation. She has been contacting him to see his child and asked him to be around. If she allows him over numerous of times, is she in violation? (West Mifflin, PA)

A:  No, he should avoid her like the proverbial plague. PFA law is a one-way street. The law is designed to protect the victim and no contact means no contact. There is no in between. He would be arrested if he visits her, an argument breaks out and she calls the police. Now, once he is arrested on the PFA violation, he can use her contacting him to establish that the PFA was void by her actions, at his trial. If he wants to be safe, get her attorney to file a motion to vacate the PFA.

What is custody law for parent with no water?

Q: My kids usually go every other weekend to see my ex. It concerns me as he has no running water in his house. I don’t know if I should send them knowing the living conditions of their dad. (West Newton, PA)

A:  I am sorry to hear that. You can probably file a motion to modify custody. It is a health and safety concern. First, you may want to investigate any programs that assist those that cannot afford utilities. If you can find a referral and he will not take advantage of it, you may have to go the legal route.

In PA, does the spouse who makes less get 1/2 the assets?

Q: Wife works full-time job making $75,000.00 per year. The husband is on Social Security disability, makes $24,400 per year. Husband has no assets (except his truck). The wife has retirement savings and stock options worth roughly $1.8 million. When divorcing in PA, is husband entitled to 1/2 of the wife’s net worth? What about spousal support if the husband was to get his own place to live (they currently live in the same place, although separated within that home) and move out? (North Strabane Twp., PA)

A: PA is an equitable distribution state when it comes to the division of marital property. This means the court tries to cut the pie in a manner that is fair, given many factors. including education, income, career prospects, other assets, the contribution of the parties, debts, etc. Generally, if you are the lesser of two earners with less income potential, you may get a larger share of the marital estate, but this is not always the case.

Is an enforcement hearing different from a contempt hearing?

Q: My sons father hasn’t paid since July of 2017. He owes over $4,000.00. There was an enforcement hearing on Monday, which I could not attend. Today, I received paper saying on March 21st there is a contempt hearing. So, I was just curious as to what goes on at the enforcement hearing and what goes on at the contempt. (Pittsburgh, PA)

A: When you hear the word, “contempt”, it is generally not good. It means that the defendant has failed to comply with an order of court. In Family Law, if a judge orders a defendant to pay X amount by X date, and the defendant does not, a contempt hearing is held. At the hearing if the judge determines that the defendant is in contempt, the law permits the judge to sentence the defendant to 6 months in jail. The ways around it are to pay the full amount by the time of the hearing or make a substantial payment before the hearing or bring a substantial amount of money to the hearing. It is generally all about money. If no payment is made and the defendant has no valid excuse for not paying, he may be spending spring and summer in the Allegheny Iron Hilton.

Can I move from Pittsburgh with my daughter?

Q: My kid’s dad pays child support. We have no custody agreement through the courts though. His name is not on her birth certificate. What should I do if I need to move to be closer to my family or to move for better work opportunities? (Pittsburgh, PA)

A: There is a statute on relocation that needs to be followed. Notice must be provided. If you just pack up and leave with the child, the father can file an emergency motion and obtain a contempt order. I would consult with a child custody attorney before planning such move.

Do I have the right to visitation?

Q: My grandchild was with me every day for 10 or more hours a day. However, his mother and I had a disagreement and she’s now keeping him away from me. It’s been 3 VERY LONG MONTHS since I saw him. WHAT CAN I DO? (Pittsburgh, PA)

A: I would consider consulting with a family lawyer to determine if under your circumstances, you would qualify for grandparent visitation or custody in a court of law. The newly amended statute has changed the requirements for grandparents and/or great grandparents to prevail on a petition seeking partial custody or visitation. Now, a grandparent and/or great-grandparent may file for partial custody or visitation of a grandchild or great-children when: (1) his or her child is deceased; or (2) when the parents of the child have been separated for a period of at least 6 months or have commenced and continued divorce proceedings; or (3) the child has, for a period of at least 12 consecutive months, resided with the grandparent or great-grandparent and has been removed from his or her home by the child’s parents. Brief temporary absences of the grandchild from the residence are excusable. Again, it depends on the facts. Good luck.

Must I let my ex in to see my new home that I am relocating to?

Q: I have a basic custody agreement with my ex-husband. I have primary physical custody, and he gets our daughter every other weekend. We always meet in a neutral place for drop off and pick up. I recently got engaged and am moving in with my fiancée and his children. The relocation puts us closer to my ex, so it does not interfere with the current visitation schedule. I sent him an email and formal letter, giving him the information outlined in the agreement necessary for relocation: 30-day notice, address, phone number. He emailed back stating that I need to make arrangements for him to come and see the new home where she will be living. He is extremely disparaging towards me and barrages me with text messages that are downright mean. I do not want him in my new home, whatsoever. Neither does my fiancée, due to his behavior. Do I have to let him visit? My ex seems to think that I do. Nowhere in the custody order does it state that this is a stipulation. Please advise. (Baldwin Twp., PA)

A: I know of no such rule and inspecting each other’s home is not in your agreement. It is a tough question given his interest in ensuring the new home is suitable for the child balanced against your concerns of his controlling behavior. If you don’t want to let him in, don’t do it. The risk is that he may withhold custody, which may cause you legal fees, but which is a battle you should ultimately win. Is there a middle ground? Does he have a normal person in the family, like a sister, who can inspect your new home and report back to him?

Can I file for divorce in Pittsburgh and not owe my wife anything?

Q: I was married 5/20/17 in WA to a woman who was living at home and not employed. She contributed nothing to the marriage, although her mother assisted her with moving costs to Pittsburgh. I just started a surgical residency. On 9/5/17 she disappeared when I was at work and went back to WA with her mother, back to exact same situation she was prior to marriage. I attempted over next month to reconcile, and she has remained unreconcilable. She did not work during the 3 months she lived with me. I bought a house with no down payment, only in my name. My bank account is only in my name. I only have 6k in my checking. Is there a way to file for divorce where I would not have to give her anything – like sign a document where we each don’t owe the other anything? She would spend more fighting. (Pittsburgh, PA)

A: There is more information needed to adequately respond and I suggest you consult with a Pittsburgh divorce attorney. Working in your favor is the short marriage (7 months) and not much in assets because you are both just starting out. This does not mean she cannot obtain an award of spousal support from you. She has the duty to work and if she doesn’t the court can impute wages to her at least at a minimum wage level. The short length of the marriage will bode well for you regarding alimony and division of property. However, if it is possible to get her to agree to a simple no-fault divorce, you can get out of this easily. You can offer to pay for it all and have your attorney send her all the paperwork to sign and return. A simple divorce like this is not expensive. Both of you would waive any claim to the other’s property and waive support and alimony. This is commonly done with couples in your situation.

What evidence do I need to prove a parent unfit?

Q: What type of evidence is needed in a custody case to show that one parent is unfit? The father does not have any prior arrests. All I have are texts from him talking about his drinking causing problems between us and saying that it was why he acted the way he did. I also have pictures he posted on social media where he punched a wall and broke his hand because he was mad. Is this enough to try for full custody of a baby? (Pittsburgh, PA)

A: No, that is probably not enough to get full custody. Drinking too much and punching holes in walls sounds like 50% of the litigants in Family Division. You need something more extreme, like if he subjects the child or is likely to subject the child to harm. For example, he drives drunk while baby is in the car or he passes out from drinking during visitation, etc.