Question:
How can I stop child support payments when the child has been in my custody for two years?
Answer:
Please be advised that I am barred in Pennsylvania and will answer your question based on my experience in Pennsylvania.
In this state, if a party has primary custody of the child, then the other parent owes a duty of child support to that parent. If the parties have shared custody of the child, then the higher wage earner owes a duty of support to the lower wage earner and it is reduced in proportion to the amount of overnight custodial time the obligor has.
If a party has gained primary or sole physical custody of the child since entry of the support order, then, in this state, he or she must cross-file for child support with the Domestic Relations Section in order to request that their support obligation terminate and the other party pay child support.
In Pennsylvania, the support obligation will not be automatically altered even if a new custody order has been entered, so the party seeking the modification of the child support matter must take proactive action.
You should schedule an initial consultation with an attorney barred in your state at the earliest opportunity to discuss the facts of your case and your options for relief further.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Jaimie Collins, contact Cordell & Cordell.
My name is Heather and my ex and I have joint legal and physical custody of our 9yr old son. My fiancé has cancer and Missouri refused him Healthcare 3 times and we moved to Washington State and within 15 minutes he had Healthcare. That being said on my sons last day of school he went to live with his father because we moved to Washington. I can’t and would not keep them from each other. There is court ordered child support. I don’t have employment yet but will soon. Child support is 300.00 a month. Ex has always made significantly more than I ever have. How can I get the child support stopped? Do i have to go back to Missouri to stop it? What do I need to do?