Legal Question in Family Law in Pennsylvania
About to marry a man with children...
My fiancee has two sons by a previous marriage. He had sole physical and joint legal custody of both children for the past 6 years. My fiancee now has custody of his 12 y/o son. He allowed his ex-wife to(within the past week) have given custody of his 16 y/o (son wanted to live with his mom). My fiancee will pay $825/month (for ONE child) in Child Support for the son who lives with his mom, and she will have to pay him nothing even though each of them has one child living with them. This is because of their differences in income, he makes $80K, she makes $20K. When my fiancee had custody of both boys, she paid $350/month for BOTH children. When we get married in November, will my income, retirement fund, assets, etc. come into play in modifying child support paid to her?
Also, I'm worried about being able to afford us having our own children with $825/month going to child support, not to mention that he still has the 12 y/o to soley support. Can he file for modification to reduce his payments if/when we have children of own?
2 Answers from Attorneys
Re: About to marry a man with children...
The issues you raise are too complicated to be answered completely here. Generally, both parents have an obligation to support there children. Under the support guidelines, when parents each have custody of a child, their support obligations are offset against each other. If you would like to discuss this further, please contact me at (610) 892-7777.
Re: About to marry a man with children...
Your income is not relevant to your fiancee's child support obligation. If you have children, his obligation to his other children will not be reduced unless the total support for all his children exceeds one-half of his pay.
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