Legal Question in Family Law in Pennsylvania
Custody and Support Agreement without Court Involvement
My child's father and I (never married) have decided to split up, but we want to make the process as simple and turbulence-free as possible for our child's sake. We've come to an agreement on sharing custody; but my question revolves around the support issues. Since our daughter was born, I've paid approx. 95% of her expenses. I earn about 15% more than he does, so I would expect to pay a little more, but I'm concerned that he will not contribute his fair share. I've been told that there is a new law that states that if the mother and father have joint custody, and one makes more than the other, no matter who initiates a child support order, the one who makes more will have to pay the other. This hardly seems right considering I already pay the vast majority of expenses.
Also, we've been told that if we write up an agreement on custody and support and have it sealed by a notary, it will be legally binding, and we can avoid legal fees and court hearings. Is it that simple, or do we need to take other action?
1 Answer from Attorneys
Re: Custody and Support Agreement without Court Involvement
If you have any doubt about father voluntarily paying
you should obtain a support order, which can be done
by stipulation (agreement filed in court). If you
want to figure out what the order will be like, either
consult an attorney or if you wish check out the
Pennsylvania Rules of Civil Proceedure 1910. That
rule sets out in detail how one calculates a support
order. Since the rules are in black and white, it
should make an agreement easy. What you hear from
non-lawyers about support is probably wrong so either
talk to a professional or check it out yourself. You
can "contract" for support, but beware that the remedies
are very poor compared to a formal support order. To get
a support order you have to file a complaint in
court.
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