Legal Question in Family Law in Pennsylvania
child support
I have been sending support to my ex in excess of what the court required almost 8 years ago.the amount is more than several hundred dollars extra. I did this to help my son and make it easier for her , in addition i also extended to her the child dependent tax`credit so she would pay less tax , although we were supposed to share that write off , one year for me and the next for her.At the time of our divorce, these points were listed in our divorce agreement.At this time,i have not seen my son or heard from him for over a year.I am trying to exert some financial pressure on him to respond by not sending any support.The relation with my ex has become very vindictive and her influence to keep him away from me and family, combined with his disrespectful and rude nature has caused an extreme hurt to all and i can not get him to respond on any level to my calls , letters or pleas .Can i not pay support for awhile and use it as a tool to get a response , or am i in a bad situation and asking for more legal problems, or am i covered because of the increase in support and benefits i extended to her for the last years? her income is also much greater than mine . thank you
1 Answer from Attorneys
Re: child support
Please understand that support and custody are separate and distinct animals. The court will not, in my experience, take a favorable view of the non-payment of support despite the conduct of your ex. You should consider paying the support as ordered, contact a competent attorney and then get an accounting of the overpayments (preferably they went through PASCDU, but receipts will do), then you would request to modify support and seek contempt of the custody order.
Feel free to call me to discuss this matter further.
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