FAQs

PA stopped recognizing common law marriages as at Jan. 1st, 2005. If you held yourselves out as married before then, you would have a valid marriage and many implications could apply. Talk to a local family law attorney about your situation.

Pennsylvania, assuming your children have lived here for at least 6 months, and there are no prior custody orders from another state.

If you have a support order as part of your PA divorce decree, then PA has jurisdiction and its laws control child support age limits. However, it may be possible to domesticate your child support case to NJ. Consult with a child support lawyer to determine if this is feasible.

Courts have some discretion in methods used to determine support. Generally, the PA Support Guidelines will be the framework for calculation.

Yes. There is no time limit on arrears, and you are obligated to pay all child support owed.

Spousal support is normally calculated following the Pennsylvania Support Guidelines. You can find them here.

It is the responsibility of the parents to agree upon custody. PA courts largely prefer a mutually agreed upon custody arrangement. If your spouse disagrees w/ child’s wishes, then you may ask the court to determine custody. A judge will consider his age, maturity and reasons in weighing his desire.

It depends on a number of factors; the most weighted being whether the move is in the children’s best interests. Read more information here.

In Pennsylvania, child support is a separate right of the child and not connected to visitation or custody rights in any way. You should continue making payments, and consult with an attorney experienced with child custody issues to see about a modification order, a Petition for Contempt, or both.

Both parents of a child have inherent rights and standing to pursue custody. In some cases, such as where a history of violence or abuse is shown, a parent can lose those rights.