Legal Question in Family Law in Pennsylvania

Retroactive award of support when ex-spouse witholds significant increase in inc

I have primary custody of 2 minor children & live in AZ. Their support and custody orders are in PA and the PA court refuses to relocate the orders to the AZ court. In a recent support hearing, it was identified that my ex-spouse had not reported a very significant increase in his income for over 2 years. The estimated amount of support due would be closed to $25,000. I am curious to see if there are other courts that have awarded the back support due spouses when ex-spouses fail to follow the laws that state reporting substantial increase/decreases in income must occur in 7 days. Also, I would like to know if civil suits for contempt would be applicable. I am aware of one case in PA law that may be helpful, but am searching for more support to make sure the court awards the back support that my children should have received from a father that has the financial resources to give them, but hides it. I also noticed that the paystubs from his company reflect that commissions may have been withheld until after a previous hearing for support. What recourse do I have against his employer? Thank you.


Asked on 7/06/03, 7:07 pm

1 Answer from Attorneys
Chuck Saigh

Re: Retroactive award of support when ex-spouse witholds significant increase in

Any unpaid child support should be reduced to a jugment, that will make it easier to collect and enforce. There are time limits so it is important to try to collect unpaid support. Also there are ways to get PA orders reg. in AZ. In AZ a father can be arrested if he fail to pay child support....There are many actions you can take, however more information is needed.

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Answered on 7/07/03, 4:11 pm


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