Legal Question in Family Law in Pennsylvania
Child support
My husbands's ex is looking to increase support, because she keeps having kids(not by him) She refuses to work the only income she has comes from the $600 dollars I pay in child support and what ever welfare she gets. I only bring home $1500 after taxes each month and have 5 kids of my own. She is constantly calling taunting me and my wife. Saying she is never going to get a job that we are going to support her and her kids, and she is even stupid enough to sometimes tell us that she is going to make up lies about us to the judge (say we don't do anything other than send support) which is a lie we buy school clothes, by birthday and christmas gifts and even volunteered to help her with other expenses. My question is this...we have a hearing coming up soon. Is it legal for me to record her when she is going on these rampages and play it in court. When ever I try to explain this in court, I go unheard. She gets there and plays the sympathy role, you know I have 5 kids, I can't find a job. But everyone seems to ignore the fact that she only has two kids by me and the are the oldest. She shouldn't continue to have kids with no husband and no support. Can I record this????
2 Answers from Attorneys
Re: Child support
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
No, not without the other party's consent. Florida law prohibits the recording of any conversation without disclosing the same to the other party. It is a criminal offense to do so.
On the other hand, if she voluntarily left a message on a telephone answering machine you could introduce that into court as the courts have ruled that it is admissable.
Frankly, you might be best served by hiring an attorney to present your argument. Often, judges will take an argument more seriously when an attorney has properly laid it out.
Scott R. Jay, Esq.
Re: Child support
The trouble that you have is that if she is on Public Assistance then you will be stuck for about the same amount no matter what. The way the courts view things it is better that you are responsible than the public. Because you indicate that she is receiving Public Assistance in addition to the amount that you are paying, it seems pretty clear that the amount that you are paying is just for your own children and she's getting AFDC for the other children. I don't know what good recording her would do since I don't think you're going to get a reduction anyway. But, as indicated in the other answer, those of us in this forum are no substitute for counsel and you should talk with an attorney.
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