PA Child Support Contempt

[difficult3]

What is the name of your state? PA

My husband pays his ex-wife $370 a week in child support for two children. $150 of that is supposed to be for daycare. However, it looks like she quit her job, took the kids out of daycare and never reported it to the court. Can we file a contempt charge and get the daycare money back? And if so..would they award the full amount or most likely refund him in arrears? Also..if we file contempt would they automatically modify the support based on his new income? We have reason to believe she quit as far back as October

And for those of you thinking we are trying to get out of support. We live in a one bedroom apartment with a tremendous amount of lawyer debt and debt from his previous marriage. She is married to a milliionaire...hence she quit her job and provides no financial support to the kids on her own. We are just trying to live better so he can give his kids more. That money would go to his kids anyway so he can fly to see them in Missouri. (Where SHE took them)

 

[SingleMom67]

The original support order is in PA? Are you positive she pulled the kids out of daycare? How do you know if she's all the way in Missouri? Under PA law though, she has a duty to report any material change in circumstance that would affect the support order within seven days. However, I'm not sure of the success rate of contempt hearings of this nature. Anyone else here? And I highly doubt your husband will physically get any money in hand. He may get the award amount (if any) applied towards his arrears or possibly a credit toward future payments. But don't expect some sort of cash payment!!

Having said all that, I would at least petition for a modification to reduce the obligation if you know for a fact the kids are not in daycare. And if your husband is now making more money than the original order, know that it will be looked at. It makes no difference in the world that she married a millionaire and no longer works. She's still assessed a percentage of the child support obligation.

Here's the section from the PA Code:

§ 4353. Duty to report.
(a) Notice of changes affecting support.--An individual who is a party to a support proceeding shall notify the domestic relations section, the department and the other parties in writing or by personal appearance within seven days of any material change in circumstances relevant to the level of support or the administration of the support order, including, but not limited to:

1.change of employment; and
2.change of personal address or change of address of any child receiving support.

(a.1) Delivery.-In any subsequent child support enforcement action between the parties, upon sufficient showing that due diligence has been made to ascertain the location of a party, the court or the department may deem due process requirements for notice and service of process to be met with respect to the party, upon delivery of written notice to the most recent residential address or employer address filed with the domestic relations section or the department pursuant to subsection (a).

(a.2) Notice of location information.-Each party to a support proceeding shall file with the domestic relations section and the department, and update as appropriate, information on the location and identity of the party, including Social Security number, residential and mailing addresses, telephone numbers, driver's license number and name, address and telephone number of employer.

(b) Failure to give notice.--Willful failure to comply with this section may be adjudged in contempt of court pursuant to section 4345 (relating to contempt for noncompliance with support order).

 

[difficult3]

We first found out by an accidental confession by his five year old. The sad part was that both kids were upset when it slipped out because mom had clearly coached them to keep this information from dad. Then after pushing through emails and trying to ask through the lawyers...she finally confessed in an email that the youngest was home with her and that she wasn't working. We are fully expecting everythnig to be reviewed again and I suspected he would be only awarded arears..but any bit kind of change would help. Plus she has been working the system to delay any custody agreement for three years and we're trying to push her into finally wrapping this up. She has been holding the children hostage from him and it's time that she learns that she needs to work within the guidelines of the law. Even if we break even...it would be worth it to help her understand that she has some legal obligations of her own and can't just use the court to punish her ex-husband. She's only hurting the kids in the long run.

I also know her new husband's income doesn't count any more than mine. I just wanted to show that I'm married to a good dad who wants to do right by his kids and isn't fighting support just to get out of it. We really have no money left for the children and just flying out to see them costs over $500 a month by the time you are done with airfare, hotel, car and entertainment. One day we hope the system will be adjusted for the good dads out there!

 

[LdiJ]

We first found out by an accidental confession by his five year old. The sad part was that both kids were upset when it slipped out because mom had clearly coached them to keep this information from dad. Then after pushing through emails and trying to ask through the lawyers...she finally confessed in an email that the youngest was home with her and that she wasn't working. We are fully expecting everythnig to be reviewed again and I suspected he would be only awarded arears..but any bit kind of change would help. Plus she has been working the system to delay any custody agreement for three years and we're trying to push her into finally wrapping this up. She has been holding the children hostage from him and it's time that she learns that she needs to work within the guidelines of the law. Even if we break even...it would be worth it to help her understand that she has some legal obligations of her own and can't just use the court to punish her ex-husband. She's only hurting the kids in the long run.

I also know her new husband's income doesn't count any more than mine. I just wanted to show that I'm married to a good dad who wants to do right by his kids and isn't fighting support just to get out of it. We really have no money left for the children and just flying out to see them costs over $500 a month by the time you are done with airfare, hotel, car and entertainment. One day we hope the system will be adjusted for the good dads out there!

Unfortunately, its unlikely that your husband will be awarded any kind of refund....he certainly may get a reduction (if his income hasn't significantly increased since the order was written) but I don't think I have seen more than a handful of parents recieve refunds/credits in the last 10-12 years in that kind of situation. However it certainly doesn't hurt to try...just don't get your hopes up too far.

 

[difficult3]

First off...how does it work that she gets to keep money she took for daycare when she pulled the kids out of daycare? Are you saying he won't even get his arrears adjusted? It doesn't seem right that his ex can get away with this. Of course the system is flawed...but if she clearly wasn't paying for daycare won't she be accountable in some way?

As for the other question...this case got delayed for three years because it was also in two states. He filed first in Pennsylvania...she stalled until she was in Missouri six months and then filed there. Then it went back and forth. She worked the system. Sometimes she would say she was close to settling right before we went to court and got us to agree to a delay. Other times...one court would postpone it because the case was pending in another state. Towards the end...one trial was cancelled because the judge wanted court ordered counseling. Then we pulled the case out of PA to stop delays and get this wrapped up. We actually were all set for a final trial date in Missouri July 7th and two weeks ago she dismissed the case to get out of the trial. Now we have to start all over again and get our lawyer to refile. And of course...he is taking his time. It has been VERY frustruating. We've learned a lot now. Hopefully once we get this back in court it will wrap up quickly.