Paying Child Support to Non-Custodial Parent

[sam0617]

My question involves child support in the State of: Pennsylvania

I was recently granted custody of my daughter (I am the father). As one of the provisions of the custody order the Judge states that "Father shall continue to pay child support and said funds shall be placed into an account for college education of minor child". However, there is currently not a CS order in effect, because the state of WA stopped collecting and closed/released the order this past January, when I proved that my daughter was living with me. Further, the previous CS order was a WA state order, not PA. So, how can a Judge in PA order me to pay CS, when there isn't a current CS order? And is the mother going to be able to establish a new CS order in PA when she is not the custodial parent?

[jk]

how/why did this take place in a PA court if there are custody and CS orders from WA? You don't get to just sue in every state you move to. Once a state enters an order, until they relinquish jurisdiction, that order stands. As it is, it sounds like there is likely 2 custody orders out there.

[sam0617]

There are not two custody orders. Custody and CS order's were not done at same time. My daughter originally lived with Mom in PA, and I live in WA. Because I never lived in PA, CS order was done in WA. Last custody order was done in 2006 in PA because that is where Mom and my daughter were living at the time. There has never been a custody order in WA, only CS order. In 2010, my daughter came to live with me in WA. We petitioned for jurisdiction, but PA would not relinquish. Fought for custody in PA court, and I was given primary custody.

[jk]

CS should have been done in the child's state but since it has been dropped, it really doesn't make any difference.


Since there is no support order, the PA judge telling you to continue paying CS without specifying how much or where the amount is derived, it is meaningless.

as to whether a PA judge could enforce a WA order: they wouldn't be. They would be entering a PA order that you would be required to follow. It was basically only referencing the WA order for purposes of amount and rules.

[Dogmatique]

So Dad, you can file for child support from Mom.

And she can still, legally, file for child support even though you have primary custody if there is a huge disparity in income.

It's funny that way.

[sam0617]

There is no huge difference in incomes; we each make about $85 - $90k per year. No one seems to understand how the Judge gave me custody, but ordered that I continue to pay child support. Especially since there isn't an active, enforceable child support order.

Mom is going to try to file a complaint for child support in PA in an attempt to enforce the provisions in the custody order. I guess I just don't know how she is going to do that, since she's not the primary custodian.

And I would think I would be able to file for child support, too. Since WA was the original jurisdiction for the child support, I haven't moved, and now the child resides here, I would think WA would continue to remain the appropriate venue to file in, correct?