• 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.

Child Support Modification

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

tstevans

Junior Member
What is the name of your state? Pennsylvania

I received notice back in Nov, that it had been our 3 year mark and i could ask for modification. I had not replied back due to my son's father was in jail and had been there since 2003, i had seen no good coming of it due to he had not made any payments volunt. before jail, i have recieved 2 payments total. One was on a purge for him to be released from jail and the 2nd was they froze his bank account and turn it over to me. Now since being released he has asked for a modification for the time in prison, he is asking that he be given credit for the 3 years in jail, he is also seeking payments to be lowered. He is only order to pay $150.00 per month plus 10.00 arrears. Less then what i pay for daycare in 2 weeks.

My question is, can i file for a modification even though i allowed the 3 yr mark to go by without responding in Nov. In the last year i was laid of and had to except a job at lower pay, now have to pay for daycare due to my son started kindergarden which is only 3 hours long so he is considered a full day child in daycare.
 


Neal1421

Senior Member
tstevans said:
What is the name of your state? Pennsylvania

I received notice back in Nov, that it had been our 3 year mark and i could ask for modification. I had not replied back due to my son's father was in jail and had been there since 2003, i had seen no good coming of it due to he had not made any payments volunt. before jail, i have recieved 2 payments total. One was on a purge for him to be released from jail and the 2nd was they froze his bank account and turn it over to me. Now since being released he has asked for a modification for the time in prison, he is asking that he be given credit for the 3 years in jail, he is also seeking payments to be lowered. He is only order to pay $150.00 per month plus 10.00 arrears. Less then what i pay for daycare in 2 weeks.

My question is, can i file for a modification even though i allowed the 3 yr mark to go by without responding in Nov. In the last year i was laid of and had to except a job at lower pay, now have to pay for daycare due to my son started kindergarden which is only 3 hours long so he is considered a full day child in daycare.
Do you really think he is making more now, than when he was in prison. If he isn't, it seems like it would be pointless to go back.
 

tstevans

Junior Member
Neal1421 said:
Do you really think he is making more now, than when he was in prison. If he isn't, it seems like it would be pointless to go back.
I agree, I've always felt that way that's why i never pushed the issue because there was no winning one way or another, he refuses to work to avoid child support and doesn't mind going to jail. But he does everything he can to disrupt my life. I have a horrible feeling he is going to go for visitation or custody next if i don't fight him on the child support because his warp mind thinks if i don't show or counter his move i am giving up and he is winning. I really just want to find a solution to put this to an end. I do without the child support payment and will continue to do so, but i can not fathum the idea of him turning my 6yr old son's life upside down after i worked so hard to make him feel safe again.
 

Neal1421

Senior Member
tstevans said:
I agree, I've always felt that way that's why i never pushed the issue because there was no winning one way or another, he refuses to work to avoid child support and doesn't mind going to jail. But he does everything he can to disrupt my life. I have a horrible feeling he is going to go for visitation or custody next if i don't fight him on the child support because his warp mind thinks if i don't show or counter his move i am giving up and he is winning. I really just want to find a solution to put this to an end. I do without the child support payment and will continue to do so, but i can not fathum the idea of him turning my 6yr old son's life upside down after i worked so hard to make him feel safe again.
The likelihood of him getting custody is slim, as is the likelihood of his support being lowered.

You are not giving up and letting him win, don't let him make you believe that.

He may get visitation, but you can request that it be supervised.
 

tstevans

Junior Member
Neal1421 said:
The likelihood of him getting custody is slim, as is the likelihood of his support being lowered.

You are not giving up and letting him win, don't let him make you believe that.

He may get visitation, but you can request that it be supervised.
I really do not have a problem with supervised visitation, due to my son wants to know his father, which i think any of us can understand. If i would agree to the visitation, is that the same as joint custody? Or would i still have full custody, being the only one that can make decisions regarding school, medical, etc??? I really appreciate the information, i can not seem to get much help out of the Allgheny, PA office. They come off as it is a bother for them to have to answer the phone and assist people.
 

Find the Right Lawyer for Your Legal Issue!

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