Legal Question in Family Law in Pennsylvania
Child Support Reduction/Modification & Petition to Relinquish Parental Rights
I can no longer afford to pay my attorney in PA, who really hasn't helped anyways for years. I would like to be able to do a few things for myself. How do I file for a reduction/modification in my child support order? More specifically, my order is being double-instituted. In other words, both my main job and my extra part-time job are being attached with the full order, and if I work both, they take the entire order from both, not just one or the other. Please advise on procedures, necessary paperwork, etc. The order is in Somerset County, PA. Also, my ex-wife's new husband had stated interest in adopting my child. I have not had contact with her in over 6 years, and now reside in a different state. How do I go about filing a ''petition to relinquish parental rights to an adult intending to adopt'', relevant to Title 23, Chapter 25, section 2502? Any advise in these matters would be helpful and appreciated. Thank you in advance for your attention.
1 Answer from Attorneys
Re: Child Support Reduction/Modification & Petition to Relinquish Parental Right
Before commenting on the general law regarding the specific family issues you've raised, I make the following caution: it is always advisable to be represented by an attorney in legal matters. Additionally, if you already have a divorce matter in the courts and an attorney of record, you may be procedurally unable to proceed without your attorney unless his appearance is withdrawn from the matter. This withdrawl required the approval of the court.
That having been said, your inquiry addresses two areas of family law. Support and adoption/termination of rights. In support, generally, if a payor wishes to reopen the issue of child support he or she may file a Petition for Modification. Local rules of procedure vary from county to county; the Domestic Relations Section of your court should be able to direct you in this matter. For further information regarding support in Pennsylvania you may wish to access the state support information site at the following address:
http://www.humanservices.state.pa.us/childsupport/pgm/asp/index.asp
This site should also supply local county contact information for your own Domestic Relations Section.
Relinquishment of Parental Rights takes place in conjunction with another person or entity receiving those rights. In a situation of adoption, the general procedure would be for the prospective adoptive parents to take legal action toward adoption; you will be required to file both a consent and a voluntary relinquishment of Parental rights. There are strict requirements and time restrictions in adoption procedures, in addition to state procedures there will be county specific ones. The assistance of an attorney is highly recommended.
Ilene Young
This discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed in this fact sheet 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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