Child custody/support in PA

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Latest post 10-04-2010 8:02 PM by Drew. 20 replies.
  • 10-03-2010 10:00 PM

    • LLCFORME
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    • PA
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    Child custody/support in PA

    For 10 years I have had primary physical custody of my two sons (now 17 and 15).  My ex-has never paid the amount of child support that the courts determined.  I gave him a break so he wouldn't seek 50/50 custody.  Every couple of years he says he wants 50/50 custody so he doesn't have to pay any support.  Each time I threaten to take him back for the proper amount of support and he drops the custody issue.  As it is he has them every other weekend and Weds.  He never takes his two weeks vacation with them and he never takes half their inservice days from school.  He also used to have a few hours on Monday (not an overnight) and he gave that up too.

    Now he is saying he wants 50/50 custody (I'm betting because he doesn't want to pay any support again.  He thinks he can accomplish this by getting one more overnight.  As it is on the week nights that he has them, they come to my house after school (as they do every day) and they eat dinner with me.  Effectively they just sleep at his place on those nights.

    I think the laws changed in PA in recent years about what number of overnights constitute 50/50 custody and get him out of paying support.

    Can someone help me with this question please?

     

     

  • 10-03-2010 10:06 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,150

    Re: Child custody/support in PA

    I doubt he has good reasons to change what seems to work and he is 90% hot air.

    But your post seems to read he has not paid as ordered--so why are you not seeking to be paid in full as ordered.

    Caution--its the nights that count for % of time.  Don't let him get to many "just nights."



  • 10-03-2010 10:20 PM In reply to

    • LLCFORME
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    • Joined on 08-24-2006
    • PA
    • Posts 6

    Re: Child custody/support in PA

    I agreed to let him pay less than what the courts ordered so he would stop going after custody.  He pays $650/month but in realty should pay double that if we went with the court ordered amount.  I was tired of paying attorneys fees so I agreed to take less (outside of the system) if he would stop going after more custody.

    The % of time is what I was asking.  How many nights does he have to get inorder to not pay anything (which I think is what he really wants).

     

     

     

  • 10-03-2010 10:23 PM In reply to

    • Drew
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    • Joined on 03-30-2000
    • PA
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    Re: Child custody/support in PA

    You didn't answer my question--is he paying the amount actually in court order? Yes or No.  That is the only deal that counts.



  • 10-03-2010 10:25 PM In reply to

    • LLCFORME
      Consumer
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    • Joined on 08-24-2006
    • PA
    • Posts 6

    Re: Child custody/support in PA

    Yes.  Sorry I didn't understand your question

  • 10-03-2010 10:27 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,150

    Re: Child custody/support in PA

    Read the PA Code as to formula--I'm not a lawyer.

    I think if Dad starts getting 40% of nights or more is starts to cut big time into support.



  • 10-03-2010 10:30 PM In reply to

    • LLCFORME
      Consumer
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    • Joined on 08-24-2006
    • PA
    • Posts 6

    Re: Child custody/support in PA

    He doesn't want to pay anything.  Is there a magic number that says if he gets X% of overnights that he pays nothing?

  • 10-04-2010 5:05 AM In reply to

    Re: Child custody/support in PA

    At 146 overnights- he would be considered to have substantial custody and his support would be reduced a portion;  it's not that it would be reduced 40%. 50/50 would be 183  overnights

  • 10-04-2010 7:37 AM In reply to

    Re: Child custody/support in PA

    LLCFORME:
    Can someone help me with this question please?

    I suggest you consult with a lawyer, because it sounds to me as if you are both "bargaining" the Child Support issue. 

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 10-04-2010 7:55 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,150

    Re: Child custody/support in PA

    I'm at a loss to understany why if a Mom is entitled to say $800/mo of CS for a child under state formula why any Mom would bargain with Dad to provide less for the child--seems like that is to sell the economic needs of the child down the river ?

     

    PS PA does not require that Dad or Mom for that matter pay a dime towards college.

    In terms of getting the better needs based financial aid package under the current FAFSA methodology, it may be useful to  posture the financially weaker parent (and any new spouse) as the custodial parent.



  • 10-04-2010 8:24 AM In reply to

    Re: Child custody/support in PA

    LLCFORME:
    I agreed to let him pay less than what the courts ordered so he would stop going after custody.

    Sounds like a "bargain" to me.

    LLCFORME:
    He pays $650/month but in realty should pay double that if we went with the court ordered amount.

    So YOU know longer like the deal, YOU agreed upon?

    LLCFORME:
    I was tired of paying attorneys fees so I agreed to take less (outside of the system) if he would stop going after more custody.

    So, now you want to work within the "system"?  I applaud his Strategy.  Unless, YOU want to attempt to file the appropriate Motions to the court, I do not see another option, but to "pay attorney fees" to resolve this.

    LLCFORME:
    The % of time is what I was asking.  How many nights does he have to get inorder to not pay anything (which I think is what he really wants).

    Again, I recommend NOT "Bargaining" anymore.   

     

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 10-04-2010 8:37 AM In reply to

    Re: Child custody/support in PA

    Parties make these type of "deals" all the time;  nothing wrong with it;  only problem is he can refile at any time for increased custody;  she can refile for support according to guidelines;  the usual scenerio is one files to increase support and then the other files to increase custody time.  Not always- but usually.

  • 10-04-2010 8:47 AM In reply to

    Re: Child custody/support in PA

    JoBraver:
    she can refile for support according to guidelines;

    Yes, I'm sure that's true; However, SHE is "Bargaining" Child Support.  With the expectation that HE Not "refile" for custody.  The OP indicated a differrence of 50%. 

    As an NCP, I would consider that quite a "bargain", and would fight tooth and nail to hold her to her "deal".

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 10-04-2010 9:28 AM In reply to

    Re: Child custody/support in PA

    Does he have a child support order for a certain amount of money?  You say he should be paying double what he's paying?  Is that what the court ordered?

    I can only say I basically could not seem to even get a divorce until all these matters were settled.  And at least in MA, in my situation, there was no way in the world I was going to not be paying court ordered child support right up to the actual penny.  It's actually your child's right to receive this money.  Were I you, I never would have given him the break in the first place. 

    What's not clear to me, is whether you are simply giving him a break, from what the court ordered him to pay?

    That would be good question to have answered.

  • 10-04-2010 10:17 AM In reply to

    Re: Child custody/support in PA

    superman1:
    Does he have a child support order for a certain amount of money?  You say he should be paying double what he's paying?  Is that what the court ordered?I

    Yes, to all 3 Questions.  Here's why:

    LLCFORME:
    I agreed to let him pay less than what the courts ordered so he would stop going after custody.  He pays $650/month but in realty should pay double that if we went with the court ordered amount.

    Drew:
    You didn't answer my question--is he paying the amount actually in court order? Yes or No.  That is the only deal that counts.

    LLCFORME:
    Yes.  Sorry I didn't understand your question

    superman1:
    What's not clear to me, is whether you are simply giving him a break, from what the court ordered him to pay?That would be good question to have answered.

    I conclude:   Yes, SHE was "Bargaining" Child Support, with the expectation that HE would not fight her in court for his "court ordered" CUSTODY arrangement.

    Now, SHE does NOT LIKE her "unofficial deal". 

     

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

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