Legal Question in Family Law in Pennsylvania

child support

I shared custody of my 2 kids in Pa. I paid $175 monthly support because my income was slightly higher. conditions were bad at their dads (of which I have photos)I felt it was best to move and separate the kids from the roller coaster of moms house,dads house. I had legal representation, he did not. the new custody order granted me full custody and no support paid either way. It states in the court order that I shall not seek support. my question is..is it legal to say I will never seek support? I couldn't possibly know what my financial situation would be. The cost of living here (FL) is very high and I have had no help from him. I filed for support and it was granted $435. per month, he has appealed stating that the amt. was too high and referring back to the court order that I wouldn't seek support. Do I have a leg to stand on? Was it appropriate for my attorney to put that in a custody agreement? I am going to have to fly to PA to appear and I would like to know if the court order we signed could prevent me from getting the support I need to care for our kids. Thank you in advance for any light you could shed on my rights as a custodial parent.


Asked on 2/17/05, 4:24 pm

2 Answers from Attorneys

Ilene Young Young Law Offices

Re: child support

It is unclear from your inquiry exactly what the status of your case is, or what the "court order" you refer to might be.

That having been said, a few general rules of law may apply:

I cannot speak to the law in other than my own state. In Pennsylvania, a parent may not contract away his right to visitation with his child in exchange for a release from responsibility for child support.

Unfortunately, it is also unclear what the status of your support suit may be, in which state you initiated the suit (if you were the party who initiated the suit), how long ago and what "appeal" implies. More information would be necessary before a comment can be made on the situation. You should consult with an experienced domestic relations attorney who will be able to assess your individual situation and offer you advice in the matter.

Please feel free to call my office if I can be of any assistance to you.

Ilene Young, Esquire~ 215-348-5448

Representing parents and families

50 East Court Street ~ Doylestown, PA 18901

NOTICE: You are not a client of our office. The above is offered as general information and may or may not apply to any particular situation. It is not intended to be, nor may it be taken as, legal advice. You may not rely upon this information. If you are in need of legal advice, you must consult with an experienced private attorney. You may not rely upon this information. No attorney/client relationship is implied by the above response to general inquiry.

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Answered on 2/21/05, 4:19 pm
David Slater David P. Slater, Esq.

Re: child support

Since the children reside with you in Florida the proceeding should be tranferred to Florida. The best interests of the child control.

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Answered on 2/17/05, 4:29 pm


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