Legal Question in Family Law in Pennsylvania
support
in PA if a parent owes $16,000+ back support, and custody changes, can the parent owing have this order(money owed) dismissed and collect support. the parent seems to not be able to collect until the arrears are either paid or dismissed.
2 Answers from Attorneys
Re: support
The new custodial parent can certainly file to vacate the support order and requestsupportand should do so ASAP. However, the arrears owed will remain. Depending on the county, the court could enter an order for the other parent to pay a certain amount of support, then either reduce it to address the arrears, or have it continue running until its arrears equals the arrears you owe. In fairness, the court would have to consider that the prior custodial parent had to manage while the substantial arrearage accrued.
Re: support
Any support the parent owed the 16,000 dollars would be reduced by ongoing support "Payments". So if the court order the parent to pay $500 a month it would be 32 months before the arrearages were reduced and the now custodial parent could collect.
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