Legal Question in Family Law in Pennsylvania

Domestic Relations - Mont.Co. PA

I have a support order filed in Mont.Co., PA since 2000. It states that I pay $1000/month for 2 children. We share joint legal custody, she has full physical custody, I see them 2 weekends and 4 weekdays/month. I was told that, should I receive an increase in wages, I am legally required to notify Domestic Relations and have the support order revised. The custodial parent has since received a promotion with an increase in wages but never notified Domestic Realtions. The CP also shares all living expenses with another party which indirectly but dramatically reduces their cost of living. Could this information serve beneficial to me should I request a modification to the existing support order? Does the fact that her ''Net Income'' exceeds mine by thousands and she has always claimed both children as dependents when filing her federal tax return bode well for my case? The children are 11 and 9, they go to public school and any extra curricular activities are sponsored by the school. All other costs of living have dramatically decreased over the years. I find a huge disparity in our financial responsibilities but I am leary to go back to court for the many horror stories I have heard. Do I have a solid case?


Asked on 3/11/05, 2:31 pm

1 Answer from Attorneys

Mark Johns Mark Johns, Esquire

Re: Domestic Relations - Mont.Co. PA

The increase in her income should reduce your obligation for support. There is a legal arguement for the situation where another party is contributing to the household exspenses and a major disparity in living standards is created. Finally, the court can order the non-custodial parent to be entitled to claim the children for tax purposes. I suggest you contact an attorney to discuss the merits of your case in detail. I offer free consultations.

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Answered on 3/11/05, 2:56 pm


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