Legal Question in Family Law in Pennsylvania
Changes in Divorce Agreement
My husband was divorced 5 years ago. We live in Illinois and his ex and 2 children live in Pennsylvania. At the time of his divorce he ended up having to pay 75% of any uncovered medical expenses on the children and is 100% responsible for transportation expenses even though she is the one who moved them away from him. At the time his attorney said if her circumstances changed in the future such as marriage, he could have things changed. My question is do you really have a chance on getting those things changed. She has remarried and her new husband makes good money which makes things easier for her and she also works. Sitting back and watching what he goes through to maintain a relationship with the children and seeing them argue all the time I don't have much faith in the system. We drive to see the children once a month and he calls them all the time but there is nothing on her end to help maintain a healthy relationship between him and the children. She does everything to interfere and there is no discussion about their upbringing. ''there her kids and she will do what she wants'' is all he ever hears. Is there even a 50/50 chance of getting some things changed!!!!!!!!!!!!
Thank you for your time.
1 Answer from Attorneys
Re: Changes in Divorce Agreement
Child support and child visitation/custody are two different issues. If the order for reimbursement of medical expenses and transportation costs is part of a child support order, a change of circumstances for purposes of child support would be a non-negilgible change in the income of the parties. For example, if the father were earning an income and the mother was not at the time of a support order, should the mother subsequently became employed that would warrant a change in the support order.
The father's right to have a say in the children's upbringing is a matter of legal custody. If his order grants him shared legal custody he has a right to be consulted in all major decisions under the specific terms of his order. If the mother has full legal custody, he does not. A modification of a custody order can be obtained when it is found to be in the best interests of the child that the order be modified. You should consult your attorney as to the particular circumstances of your case for an evaluation of whether you would be able to meet this standard.
I wish you the best.
Ilene Young, Esquire/ Civil & Family Practice/215-444-0445
NOTICE
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed 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.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
