Legal Question in Family Law in Pennsylvania
Divorce papers
so the house that my husband and i live in and own, was once his and his ex-wife's. When they got a divorce, there was a extra line typed in to the divorce document that ''once marital home is sold child support will increase. Is this still a legal binding agreement since she signed over the house to my husband and i and now our names are on the dead for the past 5 years?? The reason i ask is that we are planning on selling the house and we want to be prepared for this issue if it comes up. Thanks in advance.
2 Answers from Attorneys
Re: Divorce papers
Unless your husband's income is very high, PA child support is based on a fixed formula.
Any time a change of circumstances occurs either parent can file a petition to modify the support agreement. Also after 3 years the court will permit a review of the numbers and modify a support order.
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Re: Divorce papers
Child support agreements are not binding however this may be construed as an equitable distribution agreement. It's difficult to say how a Court would look at the issue. My guess is that it would be very dependent on the facts. For example if your husband and his ex-wife lived in the house for twenty years and the mortgage was paid off or close to being paid off and they had two children who were teenagers but are now over eighteen and the house is worth $200,000, I think you would see a whole lot different result than if they lived in the house for two years with no equity in the house and had one child who is now 6 years old and the house is worth $50,000.