Can I go back and attach wages for past due child support?

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Can I go back and attach wages for past due child support?

I divorced 7 years ago. We had an agreement that my ex was to pay me monthly child support. However, 3 years ago, Iverbally agreed to forgo these monthly payments as long as he paid for her college. He agreed. However, that is not being done. Can I go back and attach his wages at this point. She is now 19 yrs old.

Asked on May 31, 2011 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

One needs to read the entire agreement to understand it fully.  From what you have written here I am assuming that you did not agree in the divorce settlement as to paying for college or was it to pay for half and he agreed to pay all if he did not pay child support?  This is what I can not understand.  So I am going to try and give you some general information here to try and help.

First, Pennsylvania has no statute of limitations for child support arrears.  So if he owes it from the time that she is 16 then sue him for it.  Oral agreements to amend are generally not enforceable. It could be an issue though so don't leave this out of your discussion with your lawyer.  Next, age of majority in Pennsylvania is set at 18 or graduation from high school, whichever occurs later (23 PA CS section 4321). Duty to pay child support is not typically terminated automatically. PA no longer recognizes a statutory cause of action for post secondary educational support. 23 Pa.C.S.A Section 4327(a) was ruled unconstitutional in 1995 by the Supreme Court of PA in the Curtis vs. Kline case. However, contractually based agreements - like your divorce agreement -  for post secondary educational support contained in marital separation agreements are still enforceable. (Title 23 PA.C.S. 4321 (2)).  You have a lot to work with here.  Good luck.

 


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