Legal Question in Family Law in Pennsylvania

Modifications to child support

My divorce settlement says my ex is to pay $1200/month in child support for our two children. Last year, he told me that there was a new law that allowed him to deduct $100/month. Even though I never saw any proof from him or the lawyer who mediated for us, I agreed to this because he had just started renting an apartment by himself. Also, I have been allowing him to claim one child at income tax time to be kind, even though the mediating lawyer explained to him that since the kids were with me a large majority of the time, I would claim both of them. It has been 2 years since the original divorce papers had been signed and now the Catholic school my daughter has been attending has increased its tuition. Her brother will be attending in the fall, which will mean two tuitions instead of one. I discussed this with him and said that he will raise the child support back up to $1200/month but that is all he can do. If I would seek a modification, would my kindness weigh against me and the modification be based on the $1100 he has been paying or would it be based on the $1200 that is written in the original divorce paperwork since no modifications had been made to that document?


Asked on 5/18/07, 2:25 pm

1 Answer from Attorneys
Glenn Brown Real World Law, P.C.

Re: Modifications to child support

Is support being paid through the state or are payments direct?

The modification would be done by the state suideline formula. That is your income, his income and the formula generates a base support amount. Then things like tuition and child care are added.

Someone would have to run the numbers for you to let you know what the court is likely to do.

Good luck to you.

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Answered on 5/18/07, 4:52 pm


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