When a child support order is put into place, How long must you wait before filing to modify in Pennsylvania?

Question

My boyfriend took his ex to court in November 2006 to modify the support he was paying because he was given joint custody instead of the partial custody he had. He now has his son half the time instead of some of the time. At this hearing both agreed to an amount that was actually based on support from 2004. She could have had more. They calculated first on current incomes (which came out the highest), then they calculated with his current income and an earning capacity on her (which was a little lower), then they calculated on the incomes from 2004 (which was the lowest). She picked the lowest and she was given all three options. Now four months later she files to modify it claiming the order was based on current incomes.

The last line was supposed to read that she filed four months later claiming that the order was NOT based on current incomes.

That's just it they did agree. She was given all three amounts to choose from and she chose the lowest one. It's also been way past 20 days.

We think she picked the lowest amount because she was scamming welfare.

Answer 1

Looks like whenever she wants to......


Modification of Pennsylvania child custody orders

Parents are free to agree to informally modify an existing Pennsylvania child custody order at any time. However, if either party wishes to modify a Pennsylvania custody order and an agreement cannot be reached by the parents, either parent has the right to seek to modify the custody order through the court process. Modification of Pennsylvania custody orders can be presented to the court at any time until the minor children's eighteenth birthdays. Pennsylvania judges are required to consider the best interests of minor children and may grant a modification even if there has not been a change in circumstances. A request for modification of an exisitng custody order must be filed to begin the formal court modification process. The UCCJEA also provides that modification of a Pennsylvania child custody order must be requested from the court which had entered the most recent order. If the children have resided in a different county or state than the court that entered the prior order, a request can be made to transfer any requests for modification to the county and state where the children have resided for at least six months.

Answer 2

From California..Yes we are more open here but the criteria is stated the same. The only thing is there has to be a reason..major change ..What qualifies is anything that changes the current situation ..The childs time with both parents, change in income for any reason, File a OSC (order to show cause) and demand a income report from her as well as providing one for yourself..oh yea..nows a good time to get married..Another womens support counts too!! Hope you like kids..at 12 the children are at the age of consent for who they'd rather be with!! Good Luck!!

Answer 3

I live in PA and call tell you that the plaintiff as well as the defendant have approximately 20 days to appeal any decision that is imposed by the court. A court order basically outlines what the outcome of the hearing was. The 20 days from the date of the order is for either party to appeal the decision if they so choose.

I speak of personal experience because I have a claim against my ex-spouse for child support.

Unfortunately, even mutual verbal agreements don't hold any water unless it is in writing and in effect.

Best of luck!

Answer 4

if she feels she has grounds, there has been changes, she can file for modification once a month if she wants. why? because its for what ever is in the best interest of the child... period. their needs comes before ALL of us.

changes/needs; if proven valid, the court order will be modified.

CHILD SUPPORT CALCULATORS
http://www.divorcelawinfo.com/calculators.htm
http://www.alllaw.com/calculators/childsupport/
http://www.helpyourselfdivorce.com/child-support-calculators.html