Legal Question in Family Law in Pennsylvania

6 years after divorce, ex-wife is considering legal action to get child support

PA divorce in 1995 with no child support mentioned in divorce decree. Ex-wife took custody of adopted special needs child and my husband took custody of two biological sons. Now the ex-wife is considering filing for back child support for daughter. Only mention in divorce decree is who will have custody of which children. They had a verbal agreement at the time of divorce that they would respectively support the child/children they had custody of per decree, with the exception that he would pay her $60 per month for medical coverage until the age of 18, at which point she would be eligible for SSI. Does she have the right to do this?


Asked on 1/31/02, 7:44 pm

1 Answer from Attorneys

William L. McLaughlin, Jr. McLaughlin Law Offices

Re: 6 years after divorce, ex-wife is considering legal action to get child supp

So what is the question. Can she do it? The

quick answer is probably yes. Parents can not

waive child support or otherwise bargain it away.

Therefore, if the child needs support, mom can get

it for him or her. (This does not constitute legal

advise)

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Answered on 1/31/02, 11:22 pm


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