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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10259
Experience:  Experienced Family Law Attorney
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I had two children with a woman in PA. I have custody of my

Customer Question

I had two children with a woman in PA. I have custody of my son, 18 who is in college and she has custody of our daughter, 16. Two years ago, after the last custody battle, she decided not to seek support, presumeably because she was afraid she would have to pay me since she made more than I did.
After a decade of hell that i won't go into here, things were pretty quiet until today as she has filed for support again. She called me and asked for a lump sum and to do a private deal to help with expenses for our daughter. I was thinking I could help out with her orthodontic expenses by putting it on my credit card.
I am on disability and made about $15,000 last year with that and some work.
My understanding of the law is that it does not matter what our side deal is, she could still take me in for support no matter what I give her or what we agree to.
I would be willing to giver here help with the orthodontist and also agree to a percentage of what I bring in. But I am not sure I should enter into an agreement like that or whether it will hold up in court.
any advice would be much appreciated
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
You are correct in that side deals, even if in writing, between parents are not legally binding; only the court has authority to order/amend/terminate child support. If a parent gives money directly to the parent that is not required per a court order, it is considered a gift, and that parent will not receive credit. The court will allow parties to "stipulate" to child support, once the court reviews it to make sure it is fair to the child; the idea of child support is that the child should benefit from the income of both parents, which is why the court is to review any stipulation. Here is a calculator for estimating support:https://www.humanservices.state.pa.us/csws/csws_controller.aspx?PageId=csws/support_estimator_overview.ascx&Preference=Desktop&Owner=Client Medical expenses are an add on expense, and the court uses a pro rate determination based on income. For braces, that is not automatic- a party can object to it if they feel the child does not need it (ie not medically necessary).That statute is here:http://www.pacode.com/secure/data/231/chapter1910/s1910.16-6.html Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!