Legal Question in Family Law in Pennsylvania

I am currently in the process of getting a divorce, i have two children i am asking for support for. My spouse has a child with another woman. I am not sure whether to go through domestic relations or have my spouse continue to pay me direct. What is the effect on the other child if I go to domestic relations or if I do not?


Asked on 10/14/11, 8:36 am

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

There are at least two factors to consider here. First, having a court order through domestic relations gives you the ability to enforce the support payments in the event that he stops paying. For example, if he was to stop paying you right now, there isn't anything you can do other than to go to domestics and get a formal order. However, if he would stop paying once a court order is entered, he could be held in contempt of court and be placed in jail, he could be fined, they could take his drivers license, they could take his tax returns, etc.

The next consideration, if you are not too worried about him stopping payments, is whether you are receiving enough support from him right now. If you would be getting more money if you took him for support, then you may want to do so. On the other hand, if a support order would equal less that what he is currently paying and you are not worried about him stopping payments, then you may not want to take him into domestics.

I would suggest that you review this with your attorney. He/she could do a calculation for you and then you could make an informed decision.

If you don't have an attorney, I would suggest that you retain one.

If you would like to discuss this further, please feel free to give me a call. We offer free phone consultations.

Justin C. Gearty Jr., Esquire

Ph: 717-490-6325

Email: [email protected]

Website: www.GeartyLawOffices.com

Disclaimer: This post is for educational purposes only and does not create an attorney-client relationship.

Read more
Answered on 10/19/11, 6:26 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania