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Advance support, back support, and small claims

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KylesDad

Junior Member
What is the name of your state? Pennsylvania

My question involves both child support and small claims court. I'm starting here, but if my questions would be better served in another forum please let me know.

My ex and I have joint custody of my son, 16. Up until June 04, his primary residence was with my ex, and I made child support payments every month.

1. Early in '04, my ex came to me asking for an advance on the child support because they were about to be evicted. Nice guy (or idiot) that I am, I made advance payments thru August 2004. In June 2004, they were evicted anyway, and my son moved in with me, thus changing the primary residence arrangements. I want to be reimbursed for the advance support payments I made for the period between June and August (after the residence change).

2. After the change of primary residence, we agreed on a plan for my ex to pay child support. I have copies of email in which she agrees to pay X amount. She didn't. I finally got fed up and filed with Domestic Relations in January. I now have an Order Of Court for support to be enforced by wage garnishment. However, the Order only goes back to January, and Domestic Relations says they can't do anything about any issues prior to January. I want to collect the amount she said she'd pay but didn't between August and January.

The amount at stake for both issues is around $3000, which is within the limit for small claims in PA.

Can I sucessfully file in small claims court for reimbursement of the advance child support after the change of primary residence?

Can I successfully file in small claims court for the amount of child support she agreed to pay but didn't between August 04 and Jan 05?

Thanks,
Kyle's Dad
 


tigger22472

Senior Member
Was custody changed through the courts?
The e-mails of agreement mean nothing if not signed by a judge.
If the custody was not changed by the courts legally she still retains custody and in essence you would still owe her support and she would owe you nothing.. Not fair I know.. but that's the law. So again unless the CS order or agreement was signed by a judge then no you can not get monies from her and it's unlikely you will recover the June-Aug. 2004 payments, however it will all still have to go through the family courts to be straightened out.
 

crystaly

Member
tigger22472 said:
Was custody changed through the courts?
The e-mails of agreement mean nothing if not signed by a judge.
If the custody was not changed by the courts legally she still retains custody and in essence you would still owe her support and she would owe you nothing.. Not fair I know.. but that's the law. So again unless the CS order or agreement was signed by a judge then no you can not get monies from her and it's unlikely you will recover the June-Aug. 2004 payments, however it will all still have to go through the family courts to be straightened out.
Actually....thats not entirely true. You don't have to have court ordered custody in order to receive child support. As long as you have physical custody even without a court order of change you can go to Child support services and ask for them to get child support, they file and do all the necessary paperwork for you. Been there done that. The only thing is without the court order she can come get the kid anytime she wants. The court order is good to have just for legal custody and control.
 

tigger22472

Senior Member
crystaly said:
Actually....thats not entirely true. You don't have to have court ordered custody in order to receive child support. As long as you have physical custody even without a court order of change you can go to Child support services and ask for them to get child support, they file and do all the necessary paperwork for you.
Ok.. first off without court ordered custody he's not legally entitled to support and secondly who do you think child support services files with Kaptain Kangaroo? No.. the court... hence... a COURT ORDER! :eek: :rolleyes:
 

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