Legal Question in Family Law in Pennsylvania
My boyfriend has been arrested recently due to failure to pay child support. He is not allowed to see his child and yet is expected to pay almost 400 dollars a month. He also has 4 other children. 2 of them are to his x-wife where they have an agreement, one to another case where he again does not get to see this child, and his youngest with me. He has filed for social security before due to mental disorder and was denied. He did file again but a determination has not been made. He is unable to keep a job due to his disorder and he can not function around other people. Since he has so many children to care how is he expected to pay 400 for one child. His failure to pay has landed him in detainment until his hearing in a few days. I can come up with a portion of what he owes in this case but need to know what else can be done. If he has no rights to the child and has not seen him in over 2 years can't he sign his rights over so that he can use him time and dedication that he does have on the children who are actually in his life. I need to know what to do to get this issue resolved because there are other children who need their father around.
1 Answer from Attorneys
The law will not permit him to terminate his rights. Generally, the only way to terminate a parents rights is through an adoption.
When determining support, the court does not take into consideration the fact of whether or not he sees the children. The only time that becomes relevant is when the non-custodial parent has the child for 40% or more of the overnights. If that isn't the case, as is your case, then the paying parent is not entitled to a deviation from the guideline amount absent other factors.
Although he isn't currently seeing the children, he certainly has the right to do so. He could retain a lawyer and file a complaint in court seeking to gain periods of visitation or custody.
I would suggest that he contact a lawyer so his support amount can be reviewed and so the lawyer can advise him on whether or not he could be able to get the support amount reduced.
If he would like a review of the support amount, or would like to seek some periods of visitation or custody, please feel free to have him contact me.
Justin C. Gearty Jr., Esquire
Law Office of Justin C. Gearty Jr.
Ph: 717-490-6325
Email: [email protected]
Website: www.GeartyLawOffices.com
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