Legal Question in Family Law in Pennsylvania

I have been divorced nearly a year with a 4 year old son who lives with me, but is with my ex 2-3 days per week. Our divorce decree states that I have legal custody and we have joint physical custody. I have never asked my ex for child support, nor have I pursued a court order for support to date. My ex provides health insurance for my son, but does not pay anything else and does not contribute toward childcare costs. I make significantly more money than he does. If I were to pursue a court order for support, would he owe me back support to the date of our divorce, date of our separation, or just from the date of the court order? Also, if he were to become unemployed and have no income (which happens with him) could he have the support order reduced to zero?

Asked on 8/06/10, 10:47 am

Paul Stacom Law Offices of Paul J. Stacom

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The support would be effective the date you file for it. It is always modifiable in the event of an increase or involuntary decrease in income.

Answered on 8/12/10, 6:22 am

Michael Berman Law Offices of Michael A. Berman

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There is no "retroactive" support, only accumulations due from the date of filing.

I can work out rough child support amounts if you contact me direct at [email protected]

Mike

Answered on 8/12/10, 9:01 am

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