Legal Question in Family Law in Pennsylvania

Re: ny or pa law for child support?

You can seek to terminate support at 18, but it can be opposed. In Pennsylvania the court is likely to look at the totality of the circumstances.

The court will not only look to practice within the state but also to the expectations of the parties.

Further, while you may obtain a reduction or even elimination of support through your ex-wife you will likely see a claim for contribution from the children. In Pennsylvania, as in many states, children are allowed to seek contributions for education from a non-custodial parent through the first post-secondary education.

In other words, you can go on paying support through age 21. Or you can request throough the court to stop at age 18. When you file, your ex-wife will hire an attorney. That attorney will advise her not only to oppose but to bring the children into the suit to seek contribution.

In most cases, contribution is written as one-half the entire cost of attending the child's chosen institution through the first degree. The orders are irrespective of any loans, grants or contributions for the custodial parent. In other words, you could get stuck with 50% of the cost of a very expensive education even where your ex-wife had to pay nothing. Even if your child received a full scholarship to school you would still be stuck paying the same amount as if the scholarships or grants did not exist.

It does not seem fair to the non-custodial parent but I am pretty comfortable that it is the most fair solution to the child.

Look back on the situation and what you want the result to be. My suggestion would be that at age 18 you have a discussion with the mother. Offer to submit the support payments directly to the children or directly to the children's educational insitution. Better yet, offer to pay your share of your children's education.

Even if you don't file to reduce payments the children can seek to obtain the contribution.

I hope this situation works out for you.

Regards,

Roger Traversa

email: [email protected]