Legal Question in Family Law in Pennsylvania
Line in Divorce Papers
When i met my wife I was going through a divorce and the house that my wife and i lived in and own, was once mine and the ex-wife's. When we got a divorce, there was a extra line typed in to the divorce document that ''once marital home is sold child support will increase. However this is not our martial home any more.
She signed off right to the house. The house belongs to my wife and i and our names are on the dead for over 6 years.
I had two kids with the ex who are now 17 (living with the mother) and 15 (who is living with us).
What is the best way to go about finding out whether or not the line that was added will effect us when we go to sell OUR HOME in the near future.
Thanks
2 Answers from Attorneys
Re: Line in Divorce Papers
Similar question prviously answered.
Child support can modified by court order only upon petition after a significant change in circumstances.
The court generally will review an order when asked any time after 3 years.
If your ex files a petition for modification, it is likely a review not necessarily a change, will take place.
A more specific answer would require economic details. A consult is available at a reasonable cost.
Good luck to you.
Re: Line in Divorce Papers
I don't know if there is any way to answer this prior to a judicial determination. If I were representing your wife I would argue that the extra line constituted an agreement concerning equitable distribution of the real estate and that she expected that her share of the equity would be paid to the children through child support payments. If I were representing you I would argue that there is no material change in circumstances and that the extra line contemplated such a change. But there are a lot of other considerations. Was the amount of support agreed upon or determined by a court proceeding? If it was determined in another proceeding, then a Judge may be more inclined to disregard that extra line than if your ex-wife had been accepting very low support payments for the past six years waiting for the house to be sold.
In family matters mediation is often a better choice than litigation especially with a question like this. I think both you and your ex should seriously consider resolving this through mediation.