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
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