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United States Family Legal Questions answered by Lawyers

Browse our 2 legal questions about Family in United States and the lawyer answers, or ask your own questions for free.

Confirming the authenticity of a divorce decree
Legal Document Family
I'm married to a Nigerian, and I believe he provided a fake divorce decree, I need help to confirm this decree.
Lawyer answer by Nomos Legal Practice

Thank you and best regards, Kingsley Izimah, Esq. SK Solicitors

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1 answer
Child support laws
Child Support Family
If my annual salary is 4 million pesos my wife's salary is 240,000 pesos, and she lives in Rizal, how much will I pay in child support for one child?
Lawyer answer by Rana Fazal Muhammad Law Associates

it is the discretionary power of the court to determine the amount for the support of your child, it is not fixed amount

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1 answer

About Family Law in Philadelphia, United States

Family law covers legal issues that shape family relationships - divorce, child custody and support, spousal support, adoption, paternity, domestic-violence protection, and related matters. In Philadelphia these matters are handled in the Family Division of the First Judicial District and through the Domestic Relations Section for support enforcement. Philadelphia follows Pennsylvania state law, so state statutes and guidelines apply while local courts and agencies manage filings, temporary orders, hearings, and enforcement.

Why You May Need a Lawyer

Family matters often involve high emotion and long-term consequences. A lawyer can help in many common situations:

- Divorce or separation where assets, debts, or spousal support are involved

- Child custody or parenting-time disputes where the child's safety, schooling, or medical needs are at stake

- Establishing or contesting paternity

- Determining or modifying child support or enforcing a support order

- Responding to or seeking a Protection From Abuse - PFA - order

- Adoption or stepparent adoption proceedings

- Cases involving domestic violence, substance abuse, or allegations of child abuse or neglect

- Complex property, business, or retirement-asset division questions

Even when you can represent yourself, an attorney helps you understand legal standards, build evidence, prepare filings, and negotiate or argue for the best outcome.

Local Laws Overview

Key aspects of Pennsylvania and Philadelphia practice that affect family-law cases include:

- Divorce - Pennsylvania permits both fault-based and no-fault divorces. The available grounds, procedures, and timing vary. Courts will address temporary relief such as custody, support, and exclusive possession of the family home while a case is pending.

- Property Division - Pennsylvania follows an equitable-distribution approach for dividing marital property - the court divides marital assets and debts fairly, considering factors like length of the marriage, contributions of each spouse, and economic circumstances.

- Spousal Support - Courts may award spousal support or alimony based on factors such as income, earning capacity, age, health, standard of living during the marriage, and length of the marriage. Support can be temporary or permanent in certain circumstances.

- Child Custody and Parenting Time - Pennsylvania decides custody based on the best-interests-of-the-child standard. The law distinguishes legal custody - decision-making for education, health, and religion - from physical custody - where the child lives. Courts evaluate many factors including parental fitness, the childs needs, stability, history of care, history of domestic violence, and the childs preference if the child is sufficiently mature.

- Child Support - Pennsylvania uses child-support guidelines that take into account both parents incomes, childcare costs, health insurance, and special needs. Local courts and the Domestic Relations Section handle calculation, collection, and enforcement.

- Paternity - Parents can establish paternity voluntarily by signing an acknowledgment or through a court order which may include genetic testing. Paternity is required before a court can enter child-support or custody orders involving a biological father.

- Protection From Abuse - Victims of domestic abuse can petition for a PFA order in Pennsylvania courts to get protection, custody or temporary custody, and other relief. Violating a PFA order can lead to criminal penalties.

- Jurisdiction and Interstate Issues - For custody and support involving parties in different states, Pennsylvania follows federal and state interstate laws such as the Uniform Child Custody Jurisdiction and Enforcement Act and the Uniform Interstate Family Support Act. These rules determine which state has authority to decide custody or support.

Frequently Asked Questions

How is child custody decided in Philadelphia?

Courts decide custody based on the childs best interests. Factors include the childs safety and welfare, each parents ability to meet the childs needs, continuity and stability, any history of abuse, the childs relationship with each parent and extended family, and the childs preference if the child is old enough to express a reasonable preference. The court may award legal custody, physical custody, or shared custody arrangements depending on circumstances.

How is child support calculated?

Pennsylvania uses child-support guidelines that consider both parents incomes, the number of children, work-related childcare costs, health insurance costs for the child, and extraordinary medical or educational needs. The Domestic Relations Section or a family-law attorney can prepare a guideline calculation. Courts can deviate from guideline amounts for good cause with an explanation.

What is equitable distribution of property?

Equitable distribution means the court divides marital property fairly, though not necessarily equally. The court identifies marital assets and debts, values them, and then allocates them between spouses after considering factors such as the length of the marriage, each spouses contributions, age, health, income sources, and the economic circumstances of each spouse following separation.

Can I get alimony or spousal support?

Spousal support may be awarded depending on the spouses financial situations and the marriage circumstances. Courts consider factors like length of the marriage, each spouses income and earning potential, standard of living during the marriage, age and health, and whether one spouse supported the other through education or career development. Spousal support can be temporary, rehabilitative, or longer term in certain cases.

How do I establish paternity?

Paternity can be established voluntarily by signing a written acknowledgment of paternity or through a court action. If paternity is contested, the court can order genetic testing. Once paternity is established, a court can issue orders for child support, custody, and visitation.

What is a Protection From Abuse - PFA - order and how do I get one?

A PFA order is a civil court order that can require an alleged abuser to stop abusive behavior, leave the household, and stay away from the victim and the victims home, workplace, or childrens school. To obtain a PFA you file a petition in court; the court may issue a temporary order without the respondent present, followed by a hearing. Violating a PFA can result in criminal charges.

Do I need a lawyer for divorce or custody cases?

You do not legally have to hire a lawyer, but family cases involve legal rules, evidence, and procedures that affect long-term rights and obligations. An attorney helps protect your interests, draft proper pleadings, negotiate settlements, and represent you at hearings. If you cannot afford a private lawyer, look for legal-aid organizations or lawyer-referral services in Philadelphia.

What are alternatives to court for resolving family disputes?

Alternatives include mediation, collaborative law, and arbitration. Mediation uses a neutral mediator to help parents reach agreement on custody, parenting time, and support. Collaborative law involves each party hiring counsel who agree to negotiate cooperatively. These options can be quicker, less adversarial, and less expensive than litigation, but they require both parties to participate in good faith.

How do I enforce a child-support or custody order?

Child-support and custody orders can be enforced through the Domestic Relations Section, which can use wage garnishment, income intercepts, tax refund intercepts, liens, license suspensions, and contempt proceedings. For custody violations, the court can hold a parent in contempt, modify orders, or take other actions to enforce the court's terms. Document violations and contact the Domestic Relations Section or an attorney promptly.

What should I bring to my first meeting with a family-law attorney?

Bring identification, a copy of any existing court orders or agreements, recent pay stubs or proof of income, bank and investment account statements, mortgage and credit-card statements, records of expenses, a chronology of important dates and events, and any evidence of abuse or neglect such as police reports or medical records. A clear timeline and documents help an attorney assess your case quickly.

Additional Resources

Organizations and public offices that can help people in Philadelphia include:

- First Judicial District of Pennsylvania - Family Division - manages family-court filings and hearings in Philadelphia

- Domestic Relations Section - enforces child-support and handles support calculations in Philadelphia

- Philadelphia Legal Assistance and Community Legal Services - provide civil legal help to low-income residents

- Philadelphia Bar Association - lawyer referral and information about local attorneys

- Pennsylvania Department of Human Services - state-level resources for children, families, and support programs

- Local domestic-violence hotlines and shelters - provide safety planning and help with PFAs

- Court self-help centers and family-law facilitators - offer forms and limited assistance for people representing themselves

Next Steps

Follow these steps if you need legal assistance:

- Assess urgency - If you or your children are in immediate danger, call emergency services and consider seeking a PFA right away.

- Gather documents - Collect financial records, custody-related documents, communications that show patterns of behavior, and any existing court orders.

- Determine your budget - Decide whether you can hire a private attorney, need a sliding-fee clinic, or must seek legal aid. Ask about fees, retainer policies, and payment plans.

- Consult an attorney - Schedule a consultation to discuss goals, likely outcomes, and timelines. Prepare key questions for the attorney about strategy, costs, and alternatives to litigation.

- Consider alternatives - Explore mediation or collaborative law if both parties are willing and it suits your situation.

- File promptly when necessary - For time-sensitive protections or emergency relief, do not delay filing with the court.

This guide is informational and not a substitute for legal advice. Laws and procedures change, and each case depends on its unique facts. Consult a qualified family-law attorney in Philadelphia to evaluate your specific situation and next steps.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.