Legal Question in Family Law in Pennsylvania

Child Support and Custody

My boyfriend and i have a child and he got deployed for the Army. he says the only way he can get extra money for him is to claim our son as a dependant. i will need to get a letter notarized saying that he has full custody. but i need to file for support in order to help with childcare. and that would mean that i have full custody. if we were to break up i want full custody. what should i do. if i write that letter can i still file for support? if we would fight for custody, who would win if we have both orders. the notarized letter and the court order child support? HELP!!!


Asked on 5/20/04, 4:15 pm

1 Answer from Attorneys

Ilene Young Young Law Offices

Re: Child Support and Custody

I am unfamiliar with military regulations regarding pay and dependents and therefore cannot comment on your boyfriend's request from that perspective. Generally, if a couple is living together as a family with their mutual child the issue of custody and dependency does not arise except as to tax matters.

Being unaware of your particular circumstances, I cannot comment directly upon your situation. However, that being said, it is also true that an attorney could not advise you to swear falsely in a document for any purpose.

As to the support issue:

In order to obtain support, in Pennsylvania, it is necessary for you to have custodial rights to the child for whom the support is claimed. You do not necessarily have to have an order of court but, if custody is contested, it will be necessary to obtain one.

I urge you to consult with an attorney in your local area for advice and guidance before you take any action.

I wish you the best.

Ilene Young, Esquire/ Civil & Family Practice

215-444-0445

Special Needs Law & Advocacy

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

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Answered on 5/20/04, 7:57 pm


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