QUESTION

For my daughter's safety and mine, should I take him to court and get everything in writing?

Asked on Apr 02nd, 2013 on Child Custody - Pennsylvania
More details to this question:
In May of 2011, my daughter's father and I ended our engagement and split up. Since then, we have a verbal agreement as to the custody of our daughter, we never went to court for it. 2 months after we broke up, I asked about child support which at first he didn't feel he needed to pay since he pays for her health insurance. In Oct 2011, he started to give me $85 a month plus pay half of day care cost. In November 2011, he started to date a women who is a single mom and just 3 weeks ago he bought a new house before he was able to sell the house we have a loan on together. I'm okay with the amount he gives me but I fear that if she gets hurt or needs braces, he will leave me on my own to pay the bills when I make a lot less then he does and have to live at home with my parents. Also, with her starting school this fall, I fear he will want her more then every other weekend. I'm not sure what to do.
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2 ANSWERS

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
You should really talk to an attorney one who will give you a free consultation. It sounds like if he makes enough money to buy a house, he can pay his fare share of support. Support is based on state guidelines which calculate his net income vs. yours. If you can guess what he makes a month, let the attorney figure out what the guidelines say he should pay in support. If it is more than what he gives you, the attorney can guide you on how to file a support complaint. When you file a support complaint, you get a court order directing him to pay a certain amount each month. If he doesn't pay he can go to jail. The order goes on till your child is 18. You should look into filing for support against him.
Answered on Apr 07th, 2013 at 9:30 PM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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David M. Axinn
There are numerous advantages to doing this in court. As to custody, it is fairly easy to have an agreement become a court order. This makes it possible to enforce it in court, if necessary. As to support, there is a formula that is used to determine the amount of support, and who pays what share of medical bills. There is a very good chance that you would be receive more than $85 per month. They will normally attach his wages to assure payment, and if necessary, the order can be enforced in court.
Answered on Apr 04th, 2013 at 12:41 AM

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