Legal Question in Family Law in Pennsylvania
Failure to vacate support order
My son will be 18 in a few months and attending college soon thereafter. What happens if my exhusband fails to vacate the support order and they continue to garnish his income? Can I keep the money? At a later date if he realizes he should have petitioned for the support to stop, will I have to return any money that had been collected since my son's 18th birthday? Thank you.
1 Answer from Attorneys
Re: Failure to vacate support order
No you can NOT. That would be unjust enrichment. As such the court would order you to return it.
Though why do you think you're ex husband wouldn't get the order vacated? From personal experience, I know he is probably counting the days till he can get rid of the garnishment.
{John}