Child Support in Pennsylvania

My boyfriend has a 3 year old son that lives with us and goes to his mothers house every other weekend. He recently went to file for child support against her in Pennsylvania. However, since then, she has quit her job and now the only income she has(that we know of)is child support from another child that she had with another man. My boyfriend had a custody agreement wrote up through a lawyer a few years back that they both signed that states he has primary custody. The only thing with that is, it never went through the court, they had it notarized through a local notary. I am worried now because she quit her job that when he goes to the hearing for the child support case he opened against her that the court will order him to pay support to her since he has income and she doesn't. Does it matter that the child lives and resides with us and only goes to her house 4 days a month? Not to mention, she doesn't drive and lives an hour away. We are the ones who are always doing the transportation as well as every other expense for the child. Any advice would be appreciated!

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Quoting Angie17356

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My boyfriend has a 3 year old son that lives with us and goes to his mothers house every other weekend. He recently went to file for child support against her in Pennsylvania. However, since then, she has quit her job and now the only income she has(that we know of)is child support from another child that she had with another man. My boyfriend had a custody agreement wrote up through a lawyer a few years back that they both signed that states he has primary custody. The only thing with that is, it never went through the court, they had it notarized through a local notary. I am worried now because she quit her job that when he goes to the hearing for the child support case he opened against her that the court will order him to pay support to her since he has income and she doesn't. Does it matter that the child lives and resides with us and only goes to her house 4 days a month? Not to mention, she doesn't drive and lives an hour away. We are the ones who are always doing the transportation as well as every other expense for the child. Any advice would be appreciated!

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Your BF needs to get a consult with a local attorney.

For the CS, if the mother voluntarily quit her job, the court can impute an income to her.

when you say the court can imput an income to her...what does that mean?

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Quoting Angie17356

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when you say the court can imput an income to her...what does that mean?

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It means that if Mom is VOLUNTARILY unemployed the court can base CS on what Mom's income was before she voluntarily became unemployed.

so is there a chance the court could order him to pay her if the child is with us full time with the exception of every other weekend?

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Quoting Angie17356

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so is there a chance the court could order him to pay her if the child is with us full time with the exception of every other weekend?

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It can happen, that is usually ordered when the custodial parent's income is much much higher than the noncustodial parent's actual or imputed income.

I just noticed that he doesn't have an actual court order for custody, he should file for that when he files for a CS order.