Legal Question in Family Law in Pennsylvania

termination of child support

my son is in a institution being treated for disabilties and mental issues and my ex husband is trying to terminate his child support saying that i dont actually have physical custody but i pay the health insurance that puts him there and all the extra exspences and traveling 92 miles each way a few times a week to visit him; can this be legal?

Asked on 2/19/07, 2:24 am

1 Answer from Attorneys

Ilene Young Young Law Offices

Re: termination of child support

It is conceivable that your ex may be able to reduce his support obligation under these circumstances. My office has defended several of these type of challenges to child support. The issue of whether your costs as primary custodian are decreased by your son's residential placement is a matter of the evidence. If your husband could establish a substantial reduction in actual costs he may be able to obtain a reduction. It would depend on individual circumstances. For example, support payments presume costs associated with providing housing. If your son returns to your home for periods of time, you would argue that you will still need to maintain the housing for him, despite the fact that he may not always be there.

It is important for you to speak with a lawyer in you area who is experienced with representation of families with special needs in domestic relations, as it is a highly specialized area of law. In my area, my office specializes in representing families of children with special needs in family law, education law and life planning.

I do not know where you are located, but you may be able to find someone through your support network. It is important for you to speak with a lawyer who knows what he or she is talking about to protect both yourself and your son now and into the future.

If I can be of help to you, please feel free to contact me. Contact information is available through my website

I wish you the best.

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Answered on 2/19/07, 11:12 am

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