• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need some legal advice on child support, please.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

imschertz

Junior Member
PA -

When my daughters mother and I seperated and divorced, we decided that we would have joint legal custody and she would have full custody since my daughter stayed with her the most. We were able to work everything out on our own and did not go through the court systems. We used a form provided by a PA Customdy website to list the support we agreed upon and the visitation times and everythgin else needed to be documneted with the actual divorce. This was over three years ago. Over the years, my daughter wanted to spend more time with me so we have been adding additional days so my daughter and I can see each other more and her mother and I both agreed too. We did not notify the court to make any documented changes and I have continued to pay the same amount we first agreed upon the entire time even though now I have my daughter 12 days out of the month and she is with her mom 18 days out of the month. This has been going on like this for 6 months plus now. Because of the drastic change on the amount of time my daughter is with me, I suggested we need to recalculate the amount I have to pay monthly since she is only with her mom 3 additional days than with me. I pay for housing(including all utilities), food, clothes, half of private school, half of all extra activities such as karate and sports, summer camps, half of health insurance and then child support on top of all of that. I feel that the support should be eliminated or re-adjusted on the amount of additional time hat she is with her mom since I am fully paying my part for what my daughter needs and doing my part. Her mom has been claiming her at tax time as well. Her mother said in an email to me that once we both have our daughter just about half the time each we could eliminate or re-adjust the support I'm paying her and then take turns claiming her every other year. Now that we are starting to discuss this a little more, I feel she is not being exactly fair with me regarding this. I wanted to find out how the courts would feel about this situation and suggest before I proceed? Neither of us have the money or want to go through the courts because we both just want our daughter to be happy and loved by both with no drama involved. I want to get a bigger place for my daughter and I so she can have her own bedroom and her mom knows this. Now that she is with me more, I feel that is needed and I cant afford it right now because of everything I have to pay. I am still staying in a temporarry living arrangement at friends house. My daughter is 6, turning 7 in May.

Any suggestions or legal advice that can be given would be very much appreciated. I am a devoted father who loves his daughter very much and really dont care about the money of it all except the money is preventing me from being able to start a new life with my daughter at our own place.

Thanks,

Jeff
 
Last edited:


mistoffolees

Senior Member
PA -

When my daughters mother and I seperated and divorced, we decided that we would have joint legal custody and she would have full custody since my daughter stayed with her the most. We were able to work everything out on our own and did not go through the court systems. We used a form provided by a PA Customdy website to list the support we agreed upon and the visitation times and everythgin else needed to be documneted with the actual divorce. This was over three years ago. Over the years, my daughter wanted to spend more time with me so we have been adding additional days so my daughter and I can see each other more and her mother and I both agreed too. We did not notify the court to make any documented changes and I have continued to pay the same amount we first agreed upon the entire time even though now I have my daughter 12 days out of the month and she is with her mom 18 days out of the month. This has been going on like this for 6 months plus now. Because of the drastic change on the amount of time my daughter is with me, I suggested we need to recalculate the amount I have to pay monthly since she is only with her mom 3 additional days than with me. I pay for housing(including all utilities), food, clothes, half of private school, half of all extra activities such as karate and sports, summer camps, half of health insurance and then child support on top of all of that. I feel that the support should be eliminated or re-adjusted on the amount of additional time hat she is with her mom since I am fully paying my part for what my daughter needs and doing my part. Her mom has been claiming her at tax time as well. Her mother said in an email to me that once we both have our daughter just about half the time each we could eliminate or re-adjust the support I'm paying her and then take turns claiming her every other year. Now that we are starting to discuss this a little more, I feel she is not being exactly fair with me regarding this. I wanted to find out how the courts would feel about this situation and suggest before I proceed? Neither of us have the money or want to go through the courts because we both just want our daughter to be happy and loved by both with no drama involved. But I kind of feel that I am being used to help support her bills ecspecially when I give more than half to my daughter. I want to get a bigger place for my daughter and I so she can have her own bedroom and her mom knows this. Now that she is with me more, I feel that is needed and I cant afford it right now because of everything I have to pay. I am still staying in a temporarry living arrangement at friends house. My daughter is 6, turning 7 in May.

Any suggestions or legal advice that can be given would be very much appreciated. I am a devoted father who loves his daughter very much and really dont care about the money of it all except the money is preventing me from being able to start a new life with my daughter at our own place.

Thanks,

Jeff
If you and Mom have agreed on a new custody/visitation arrangement (you having 12 days per month), then I would suggest that you write it up and file it as a stipulation to the court. If you both agree and stipulate it, there will just be a filing fee so it won't be expensive.

Once that is formalized, you can ask for a reduction in child support. Again, you can just recalculate using your state calculator and submit it to the court. If Mom disagrees, open a CSEA case.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top