Legal Question in Family Law in Pennsylvania

my fiance is in jail again for back dues on child support......he has been out of work for 2 years due to medical issues, and too proud to go for disability....the judge ordered in November 1000 dollars and a dr.s note, it took him till January to come up and borrow 1000, the letter was sent in December....when he drove to domestics to pay the 1000, they said it was not enough and they put him away for 2 months....he has squamous cell carcnicoma in the groin which is painful and needs to get treated, but his daughters mom keeps telling domestics that he has to take responsibility no matter what.....what can he do...please help????


Asked on 2/15/15, 2:39 pm

1 Answer from Attorneys
ANDREA G. TILLIS Law Offices of Andrea G. Tillis

I am sorry to hear of the unfortunate situation in which your fianc� finds himself.

If an individual is under a Court Order to pay child support and he either loses his job or is temporarily laid off, that person must file a "Petition to Modify Child Support" wherein he asks the Court to temporarily reduce the amount of child support he is obligated to pay or temporarily suspend the obligation to pay. If the individual does not file such a Petition, the Court has no way of knowing why he is not paying, or his circumstances, and simply sees the arrears increasing because of non-payment.

He should file a Petition to Modify Child Support with the Court as soon as possible. Some of the Offices of Domestic Relations may have a form of such a Petition in blank that he can fill out , then give it to you to file with the Court.. He will then have a hearing date set where he, or preferably, his Attorney, can explain his circumstances to the Support Master hearing the case. He should make every effort to hire a lawyer to ague his case, otherwise he will find himself constantly facing jail time.

I wish you and your fiance the best,

ANDREA G. TILLIS

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Answered on 2/16/15, 3:53 am


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