Legal Question in Family Law in Pennsylvania
My husband and I are getting divorced he is giving me full custody of our two children I do not need child support and he will not file for alimony if i do not go for child support does a judge have to decide that if we already did
1 Answer from Attorneys
Unless there is something I'm missing I'm not sure your husband would get alimony. However, agreeing to not seek alimony if you don't seek child support is a not a good deal for your husband. He can only get alimony as part of the divorce. Once the divorce is final he can't get it. You can go for child support after the divorce is final. The reason is that the support is owed to your children not to you. As such any agreement by you to not seek child support is an unenforceable agreement. In short if after the divorce where husband doesn't go for alimony say because you said you wouldn't go for child support and even if that promise is in writing signed and notarized he can't use it to prevent a child support order.
{John}