Pennsylvania Info

Pennsylvania Divorce Start Your Divorce Find Professionals Pennsylvania Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Pennsylvania Products Divorce by County

Pennsylvania Articles

Agreements Custody & Visitation Child Support Counseling Divorce/General Domestic Abuse Financial Planning Mediation Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Pennsylvania Divorce Support Pennsylvania Divorce Online

The Relationship Between Support and Custody

It is not uncommon for a potential client to call me and say: "Why do I have to pay support, I don't even know where my kid is and I have never seen my kid?" Or, a person will say "Why should I let him see his son, he doesn't even pay support and never has." Are these valid concerns? Do these people have valid points?

The law in Pennsylvania is that there is no connection between one's payment of support and one's right to see one's child. Also, whether or not you visit with your child, or whether or not you have ever seen your child is not a basis not to pay support. The payment of child support is an absolute obligation in Pennsylvania. If a man is the biological father of a child and the mother has filed for child support, the father and mother must support the child according to their relative abilities.

A Judge cannot condition whether a parent will be able to see his or her child upon the payment or non-payment of support. I once litigated a case where a stepparent wanted to see his stepchild. The judge attempted to condition the partial custody visits, which my client wanted, with my client agreeing to be divorced from the natural mother of the stepchild. The Superior Court of Pennsylvania held that the conditioning of the custodial order upon the agreement to be divorced was illegal. Likewise, the conditioning of custodial visits upon one's agreement to pay child support is simply not legal.

Does that mean that Judges don't consider the non-payment of support in deciding the number of days a father, who doesn't pay, will get with his child? I don't honestly know the answer to that question, but I do know that when a judge finds out that the Petitioning Father in a custody matter doesn't pay support, it is not uncommon to see the judge nod when she or he hears this information and note that information for further use.

Was this helpful? Like our site & let us know.

Related Articles

Start Pennsylvania Divorce Start Your Pennsylvania Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Pennsylvania Divorce Find Pennsylvania Divorce Professionals in Your Area:
Join the Network
Pennsylvania Divorce Products, Services and Solutions Pennsylvania Divorce Products, Services and Solutions
Pennsylvania Divorce Resources to Help You Through the Process.
Online Parenting Class Pennsylvania Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Pennsylvania Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Pennsylvania grants a fault divorce if a spouse deserts without reasonable cause for one or more years, commits adultery, endangers the life of his or her partner or subjects a partner to cruel or barbarous treatment, was already married to someone else (bigamy) when he or she married, was sentenced to jail for longer than two years, or has made the conditions intolerable or life burdensome.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for a Pennsylvania Divorce


Settle Your Divorce Negotiate Your Pennsylvania Divorce


Support Forum Pennsylvania Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site