Legal Question in Family Law in Pennsylvania
Child Support Determination
Briefly: Ex-wife and I divorced about
2 years ago. We did it ourselves and
at the time, we agreed to each bear
the burden of paying for child-related
costs on our days (she has
our son, now 3 years old, 4 days a
week, I have him 3). This is filed with the state.
Now, 2 years later, our living
situations have changed. She's living
with a boyfriend, I'm living with a
girlfriend. My gf is chronically
ill and does not work, ex's
bf has a full-time job (ex
and I work full-time as well). During
the work week, our son is in daycare
during her part of the week (W-F),
but on my days (M-Tu) my gf
watches him. Ex's childcare expenses
have gone up recently, and she's
taking me to court for a child
support determination. So my
question is this: Can I claim child
care expenses via my girlfriend?
Since she does not work, I pay all our
joint bills out of my pay. Can I just
claim that I pay her some amount for
her childcare services, which she
then pays to me as a contribution to
our household? Ex and I have similar
income, with hers a bit higher.
Paying her the $350 a month she
wants would be a burden as I'm
already supporting a family of 2.5.
1 Answer from Attorneys
Re: Child Support Determination
I do not think a court would credit you for child support paid to your girlfriend which she then pays back to you. A better approach would be to challenge the daycare expense paid by mother. I would argue that a free alternative is available and should be utilized when money is tight. I would like to discuss the age of your child, etc. Expect a counter argument that daycare is necessary for socialization.
If you would like to discuss this matter further, call to schedule a free consultation.
Jim
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