I'm being taken to domestic court. What are my rights?

Full question:

MY FATHER NOW HAS CUSTODY OF MY FIFTEEN YEAR OLD SON WHEN HE TOOK ON THE RESPONSIBILITY HE SAID HE DIDN'T WANT TO BE COMPENSATED FOR THIS SO I SIGNED THE PAPERS OVER TO HIM GIVING HIM CUSTODY SO THAT HE COULD GET MY SON SOME MEDICAL COVERAGE. NOW HE IS TAKING ME TO DOMESTIC RELATIONS TO GET ME TO PAY SUPPORT HE TOLD ME AND MY WIFE THAT HE WASN'T GOING TO DO THIS UNLESS I PAID HIM FIFTY DOLLARS A WEEK BUT FOR THE LAST MONTH AND A HALF I HAVE BEEN OUT OF WORK ON A MEDICAL LEAVE OF ABSENCE AND WHILE TRUE I AM WAITING FOR MY EMPLOYER TO COME ACROSS WITH SOME ASSISTANCE MY WIFE IS THE ONLY ONE WORKING AND HER CHECK IS SMALL AND BARELY COVERS OUR BASIC LIVING EXPENSES SO WHEN HE DEMANDED THAT WE PAY HIM ON THIS PAST THURSDAY I TOLD HIM THAT I COULDN'T BECAUSE WE DIDN'T HAVE IT SO HE IS NOW TAKING ME TO DOMESTIC COURT. WHAT ARE MY RIGHTS?

  • Category: Courts
  • Date:
  • State: Pennsylvania

Answer:

According to Pennsylvania statutes, support is money given by a person to help provide food, clothing, shelter, medical insurance coverage, and other necessities for his or her dependents. Support takes priority over most other household bills that a Defendant may have. Married persons are liable for the support of each other according to their respective abilities to provide support, as provided by law. Both parents have an obligation to support their children according to their earning ability. The amount of a spousal and/or child support obligation depends on many factors set forth in the Pennsylvania support guidelines, which may be found in the Pennsylvania Rules of Civil Procedure at Rules 1910.16-1 through 1910.16-7. http://www.pacode.com/secure/data/231/chapter1910/s1910.16-1.html


Generally, children are entitled to receive support until their eighteenth birthday or until
they graduate from high school, whichever occurs last. Each parent may be required to pay child
support when his or her child has been placed with a juvenile justice facility or child welfare
agency by a Judge, or if the child is residing with a nonparent third party. In those instances, the
government agency or nonparent third party becomes the Plaintiff, and both parents may be
Defendants expected to pay support according to the support guidelines.

Therefore if you are brought to court by a government agency (usually a county in Pennsylvania), you will need to respond or risk default. You may need to consult with an attorney prior to any hearing.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In general, once you sign over your parental rights, it can be very difficult to regain them. Courts typically view the relinquishment of rights as a permanent decision, especially if it was done voluntarily. However, in some cases, you may petition the court for reinstatement under specific circumstances, but success is not guaranteed. It's advisable to consult with a family law attorney to explore your options.