What is the name of your state (only U.S. law)? PA
Sorry the title was wrong...I meant support from dad TO mom.
In early August my sister and her ex gave me official custody of their son whom had been living with us for over 3 years (he is 4).
In July, they went in to the child support office and modified the support order they had between them. Instead of a current support of almost 250/month and a payment-towards-arrears of around 50/month, the order now states that my sister is to recieve 50/month in CURRENT support and 100/month towards arrears. It was a voluntary support adjustment and they did it the day after I got her to agree to give us custody.
Now that I have official custody, my sister refuses to modify the order, but says she will give us the 50$ from the father, and 50$ from her each month, meaning she would give us 100$ in cash each month. The father also refuses to modify the order because he fears that the arrear amount to my sister will stay at 100$ whereas the current owed to us would be much higher.
For about the third time my sister has been unable to even come up with the 100$. I did suggest she put aside the 150$ she gets from the father to pay her support with (and she'd still have 50 left over) but she keeps having "emergencies". I want to go to court for child support to get an official order from both parents but I am terrified that she will try to take back custody.
1) I was told that the only way to stop their order is to file myself. If I did this, would they re-evaluate the past due to my sister? The father works for min wage and has an open order for two other kids to a different mother. I know she will always be owed the arrears, but if the arrears payment remains so high to my sister then he will have very little ability to pay his current support and in the past he has just quit his job if support got too high.
2) Should I just let things be? I know it's had to change custody once you have it, but it's only been since August. CSE says the old support order will stay unless one of them changes it, or I file...but filing will really PO my sister. Would she have a shot at a custody change? He's not in kindergarden until next year, though he does go to pre-school.
Thanks.
Sorry the title was wrong...I meant support from dad TO mom.
In early August my sister and her ex gave me official custody of their son whom had been living with us for over 3 years (he is 4).
In July, they went in to the child support office and modified the support order they had between them. Instead of a current support of almost 250/month and a payment-towards-arrears of around 50/month, the order now states that my sister is to recieve 50/month in CURRENT support and 100/month towards arrears. It was a voluntary support adjustment and they did it the day after I got her to agree to give us custody.
Now that I have official custody, my sister refuses to modify the order, but says she will give us the 50$ from the father, and 50$ from her each month, meaning she would give us 100$ in cash each month. The father also refuses to modify the order because he fears that the arrear amount to my sister will stay at 100$ whereas the current owed to us would be much higher.
For about the third time my sister has been unable to even come up with the 100$. I did suggest she put aside the 150$ she gets from the father to pay her support with (and she'd still have 50 left over) but she keeps having "emergencies". I want to go to court for child support to get an official order from both parents but I am terrified that she will try to take back custody.
1) I was told that the only way to stop their order is to file myself. If I did this, would they re-evaluate the past due to my sister? The father works for min wage and has an open order for two other kids to a different mother. I know she will always be owed the arrears, but if the arrears payment remains so high to my sister then he will have very little ability to pay his current support and in the past he has just quit his job if support got too high.
2) Should I just let things be? I know it's had to change custody once you have it, but it's only been since August. CSE says the old support order will stay unless one of them changes it, or I file...but filing will really PO my sister. Would she have a shot at a custody change? He's not in kindergarden until next year, though he does go to pre-school.
Thanks.
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