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PA Divorce Question

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kip77

Member
What is the name of your state (only U.S. law)? PA

Hi, I have a question about the last part of divorce proceedings in PA. My attorney is out on vacation for a few days and this is something I would like to find out ASAP.

We have already filed for a no fault divorce. We have a separation agreement. And we've gone past our 90 days. We both have signed the affidavit of consent. I do not have my copy of the affidavit but I’m pretty sure that is what it is called.

In our county you have a three hour child first class to attend before the divorce can be completed. It is only three hours long. We were trying to take it together. But, my STBX has backed out of the last four classes. She has always had an excuse so I attended the last class to get my part over with. She has already been warned by the clerk that she is facing contempt charges for not attending the class. She is signed up for the class on Monday March 1st. But she says she has no money to take it.

Per our agreement she received $1500 from our taxes (I actually gave her $250 extra totaling $1750). And I paid her car off ($3750). My STBX has been acting a little strange since she received these. She has quit her job and has now backed out of our agreement in regards to support and custody. She wanted me to pay double what we agreed to. I explained to her that she chose to quit her job and I should not be punished for decisions she makes.

She has on two different occasions refused to allow me time with our girls. The second time I reported her to the police. They have a report that she refused to allow me access to them. She in turn told the girls I am trying to have her put in jail. That made them very upset. I do my best to keep them from all of this and she always puts them right in the middle. I am getting them now like I should be. Funny that on her Dart/Bar night she never had a problem with me keeping them. I have also asked her if she would agree to a 50/50 custody. She doesn’t like that idea at all. I’m not sure why though. I already get them 40% now. And she’s always complaining that she never gets to do anything. A 50/50 would free up more time for her and give me more time with the girls. She is now going to domestics. I understand that she can at anytime go to domestics. I don't like it but it is what it is. I will abide by what the state decides.

She has threatened to back out of the divorce and go for everything. I am still good friends with her brother. And he mentioned that my STBX's boyfriend was asking him about my classic car. I have a Mustang that was my father’s before he passed away. In the agreement she gets her car (2001 PT Cruiser) and not the Mustang. It appears like she may try to back out. I just want to be prepared if the situation does arise. I am a little perplexed as to why all of a sudden she wants to back out. We are, if she attends the child class, only a week or so from the divorce being final.

My questions are:
Can she actually back out of not only the agreement but the divorce too?
Can she refuse to sign off on the title of the Mustang before the divorce is final just to cause me to pay sales tax? ***My name is on her car too***

Any thoughts would be greatly appreciated.
 


kip77

Member
Update

Just a quick update. I spoke with her last night and I agreed to pay half of her $50 fee for the class. It is scheduled for Monday night. I'm still stressing about whether she can back out of the divorce, though. Any help? Thanks
 

mistoffolees

Senior Member
Just a quick update. I spoke with her last night and I agreed to pay half of her $50 fee for the class. It is scheduled for Monday night. I'm still stressing about whether she can back out of the divorce, though. Any help? Thanks
She can threaten all sorts of things. What she can actually do is a different matter. She can not prevent you from getting a divorce. She can not take your father's classic car from you (you may have to pay her some of the equity since you put her name on the title, though).

Rather than stressing out, spend half an hour with an attorney. It won't be very expensive (might even be free for some attorneys) and will educate you on the process and what's likely to happen.
 

kip77

Member
She can threaten all sorts of things. What she can actually do is a different matter. She can not prevent you from getting a divorce. She can not take your father's classic car from you (you may have to pay her some of the equity since you put her name on the title, though).

Rather than stressing out, spend half an hour with an attorney. It won't be very expensive (might even be free for some attorneys) and will educate you on the process and what's likely to happen.
Thanks for the reply. I do have an attorney. He is on vacation for a few more days. I think she'll have a tough time even if she was able to back out. My main question is if she can, at this point, back out? What can she do at this junction in the proceeding?

This is so close to being done. I guess I will just have to wait and see how things pan out over the next few weeks.
 

mistoffolees

Senior Member
Thanks for the reply. I do have an attorney. He is on vacation for a few more days. I think she'll have a tough time even if she was able to back out. My main question is if she can, at this point, back out? What can she do at this junction in the proceeding?

This is so close to being done. I guess I will just have to wait and see how things pan out over the next few weeks.
Who filed for divorce? If she's the one who filed, she can withdraw her divorce action. If you're the one who filed, she can not back out, but there are still ways to delay.
 

kip77

Member
Who filed for divorce? If she's the one who filed, she can withdraw her divorce action. If you're the one who filed, she can not back out, but there are still ways to delay.
I filed for divorce. I'm sure she can delay it. I was worried that she could just decide to back out and we'd have to start all over again.
 

LdiJ

Senior Member
I filed for divorce. I'm sure she can delay it. I was worried that she could just decide to back out and we'd have to start all over again.
She could attempt to renige on any agreements made if the judge has not yet signed off on the agreements. That definitely could delay things.
 

kip77

Member
She could attempt to renige on any agreements made if the judge has not yet signed off on the agreements. That definitely could delay things.
That's what I'm trying to figure out. At this stage what can she legally do? She has no lawyer. And she has shown that she agrees to everything by signing the agreement. She hasn't filed anything to this point concerning the divorce. She is scheduled for the mandatory class next Monday. After that it's pretty much a done deal.

Recently, in a few arguments, she's mentioned that she is going to receive spousal support and alimony. I don't see how domestics will approve support being this close to the end. But, I'm not so sure on alimony. I was told alimony is a possibility but not usually granted. Also, she says she'll get chilcare as well. To date she has never used childcare. She only worked approx 2 months before she quit. And I or her boyfriend watched the girls when she was working. What are her chances of getting childcare included? Any comments on what I should expect when we go to our domestics conference concerning support and alimony. *Again thanks for the replys.
 

mistoffolees

Senior Member
That's what I'm trying to figure out. At this stage what can she legally do? She has no lawyer. And she has shown that she agrees to everything by signing the agreement. She hasn't filed anything to this point concerning the divorce. She is scheduled for the mandatory class next Monday. After that it's pretty much a done deal.

Recently, in a few arguments, she's mentioned that she is going to receive spousal support and alimony. I don't see how domestics will approve support being this close to the end. But, I'm not so sure on alimony. I was told alimony is a possibility but not usually granted. Also, she says she'll get chilcare as well. To date she has never used childcare. She only worked approx 2 months before she quit. And I or her boyfriend watched the girls when she was working. What are her chances of getting childcare included? Any comments on what I should expect when we go to our domestics conference concerning support and alimony. *Again thanks for the replys.
Until you have a final court order, she can challenge anything and ask for a hearing. Anything you agreed to in the interim is irrelevant.

"spousal support" and alimony are the same thing - so she can't receive spousal support AND alimony.

Courts don't often order child care payments. They do (and usually will) order child support. They will calculate how much you owe for child support and that's what you pay. In some states, if she has child care expenses, that can affect support, but it's not usually 1 for 1 (she's expected to pay part, as well).

Pennsylvania has a decent child support and spousal support calculator which will give you an idea of what the judge might order:
Pennsylvania Support Calculator

Run the calculations (or, better yet, talk with your attorney) about what the court is likely to award. Then, if she's offering you a deal that's better, take it.
 

kip77

Member
Until you have a final court order, she can challenge anything and ask for a hearing. Anything you agreed to in the interim is irrelevant.

"spousal support" and alimony are the same thing - so she can't receive spousal support AND alimony.

Courts don't often order child care payments. They do (and usually will) order child support. They will calculate how much you owe for child support and that's what you pay. In some states, if she has child care expenses, that can affect support, but it's not usually 1 for 1 (she's expected to pay part, as well).

Pennsylvania has a decent child support and spousal support calculator which will give you an idea of what the judge might order:


Run the calculations (or, better yet, talk with your attorney) about what the court is likely to award. Then, if she's offering you a deal that's better, take it.



In PA she can receive spousal support until we're divorced. Then after that she can be awarded Alimony. That was explained to me by my attorney. I have already tried out the calculator. I will pay more according to the calculator. I'm not too concerned with the child support. I wll pay what they say I'm to pay.

*I'm more concerned with paying extra when she has already agreed to what is in the agreement (minus child support, of course). *She doesn't have an attorney and she gets her legal advice from her mother and her friends. *They don't always give her good advice.

**I have kept my part in what I'm to pay her or payoff for her. And now that she's gotten her part it seems like she's turned into a completely different person. *I guess I should have known though. *She's never happy with what she has. She always needs that next thing for her to be happy; until she gets it. Then it's something else. *I thank you for your replys.
 

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