Legal Question in Family Law in Pennsylvania
My ex wife and I have a child support order through the state of PA where we both resided when we split up in 2003. In 2004 she moved with the children to the state of TX, now both PA and TX are listing the child support debt on my credit report with TX listing an amount much higher than what is owed and both now have sent wage attachments to my employer for the same children, but TX is stating a higher amount due. I still reside in the county where the order was originated. Is this legal? Can my ex-wife move the order to TX and can they modify the order?
Also, we are in a dispute over modifying partial custody, she is a flight attendant and I want her to fly the children up and back each summer since there is no expense to her and also set up a weekly phone schedule to speak with my children. Since her move to TX she has constantly interfered with me talking to the children, she is now accusing me of being an alcoholic to modify the order I guess so I can't have them in my home anymore. She has no evidence that I'm an alcoholic. I have never been arrested for public drunkeness, had a DUI, or failed a drug/alcohol test. Can you just accuse someone of this without proof?
1 Answer from Attorneys
She can request that the Order be transfered to TX, although I would have kept it here. If trnsferred there, then TX can modify it. I would ahve to review your order. You should have received notice of it being transferred. You need to review at domestic relations, or I would suggest having an attorney get involved.
As for custody, if your order is here, you can file to modify the order, or to hold her in contempt. At the time she moved, the costs any manner of transportation should have been addressed. She would have to prove her allegations in order to modify the order. If the Order is in TX, then you would have to file to modify or enforce it down there. Please contact me if you want to discuss further.
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