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Frequently Asked Questions — Family Law

The Law Offices of Everett Cook, P.C. provides answers to frequently asked questions relating to family law matters. Contact the firm today at 610-673-0907 to arrange a consultation.

Q: IF I FILE FOR DIVORCE, WHO WOULD GET THE HOUSE?

A: You can remain in your home during a divorce; however, if staying together in the home is not an option, then you may go to court to obtain exclusive possession of the home. Our family law attorney will meet with you to determine whether exclusive possession is right in your case. If you do not want to stay in the home, our divorce attorney can force your spouse to refinance to remove your name from the mortgage or sell the property so you can get your share of the home equity. During our free consultation, a divorce attorney will meet with you to help determine what the next step should be.

Q: CAN I GET SPOUSAL SUPPORT OR ALIMONY IF I FILE FOR DIVORCE?

A: Yes. You are entitled to spousal support, alimony or alimony pendente lite during your divorce and after. A Family lawyer can advise you as what family law in Pennsylvania entitles you to. During our free consultation, a family law attorney will be able to advise you as to how much you may be entitled to.

Q: IF I FILE FOR DIVORCE, YOU WOULD GET CUSTODY OF OUR CHILDREN?

A: While every custody situation is unique, you can expect to have at least shared custody of the children. For clients of our law firm, a family law attorney will represent you and help to determine whether primary custody or shared custody is what is in the best interest of you and your child.

Q: IF I FILE FOR A DIVORCE, WOULD I ALSO HAVE TO FILE CUSTODY AND SUPPORT PAPERWORK?

A: Yes. Family law in Pennsylvania allows you to handle all of the issues with your divorce through the same case. Our family law attorney can advise you on the specific needs of your case and file the paperwork on your behalf.

Q: CAN I MOVE WITH MY CHILD OUTSIDE OF THE LEHIGH VALLEY?

A: Yes you can, but if the other parent does not agree to the move, you must go to court in Pennsylvania to move. A family lawyer can file the paperwork and represent you at the hearing. You must have either the other parent or the court’s permission to move.

Q: WILL I STILL HAVE TO PAY CHILD SUPPORT EVEN IF I DON’T HAVE ENOUGH MONEY TO PAY MY MONTHLY BILLS?

A: It depends. Under Pennsylvania Family Law, you have an obligation to provide support for your children. However, the amount of the support depends on your particular circumstances. A good child support attorney can make sure you do not pay any more than is required under the law. During a free consultation our family lawyer will explore what situations the law considers when determining the support order.

Q: WHAT HAPPENS IF I AM ORDERED TO PAY CHILD SUPPORT AND I CAN’T AFFORD TO PAY IT?

A: You always have a recourse under the law. Our Family law attorney can file a modification for you and represent you at the Domestic Relations conference to insure that all of your issues are addressed. Our firm has represented hundreds of Defendants in the Lehigh Valley in Domestic Relations and in court but you must take action before it is too late.

Q: MY CHILD’S OTHER PARENT IS NOT PAYING THEIR CHILD SUPPORT EVEN THOUGH WE HAVE A CHILD SUPPORT ORDER IN PLACE. WHAT CAN BE DONE?

A: A Family law attorney can help you make your child’s other parent pay the support order or fight to have them put in jail if they do not. Our family lawyer be your advocate for your rights as well as your child rights.

Q: I AM PAYING TOO MUCH FOR CHILD SUPPORT. CAN I GET MY CHILD SUPPORT ORDER REDUCED?

A: Yes. If your are paying to much under the law, a family law lawyer can filed a petition for modification to insure that you do not pay any more then the law requires. During our free consultation, you will meet with a family law attorney who will help you determine what can be done to get you a correct order.

Q: I FEEL LIKE I AM NOT GETTING ENOUGH CHILD SUPPORT? HOW CAN I GET MY CHILD SUPPORT INCREASED?

A: You are entitled to file a modification to review the other parent’s income and any changes in health care, daycare, preschool and other child related expenses. A family law attorney can file a modification and make sure that you are receiving all of the support your are entitled to. Contact our office today for a free consultation with a child support lawyer.

Q: I’M PAYING CHILD SUPPORT AND I FEEL THAT MY CHILD’S PARENT IS NOT USING THE MONEY FOR OUR CHILD. WHAT CAN BE DONE?

A: Under family law in Pennsylvania, the Court cannot direct what the money received for child support is spent on. However, if you feel that you child is not being properly provided for, then a family law attorney can explain what your options are. From custody modification to child support modification, call for a free consultation with our family law attorney today.