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Need advice!!!

stepmominPA's picture

So first just a bit of back ground. When school started this year DH informed BM that SS12 & SD9 will not be able to sleep over our house on school nights because they don't take the bus from our house and we cannot take them to 2 different schools at 2 different times in the morning. She reluctantly agreed. Well, the first night DH took them home she was having a party and pretty much fall down drunk. DH asked SS if he just wanted to come back to our house. He said no. He then called about 1/2 hour later asking DH to come get him because BM kicked him out of the house! So SS told BM that he doesn't want to live with her any more and because of that she agreed to split custody. We started this September 11th. They are with us for a week and with her for a week. This has been wonderful for everyone involved.
DH and I went to see a lawyer to draw up a new custody order. We also drew up a separate order regarding financial concerns (such as no party will pay child support). BM was supposed to contact domestic relations to stop DH's obligation of child support. The problem is she is now refusing to sign! Mind you she DOES NOT want the kids back full time but she is dragging this out and in the mean time DH is still paying child support for September and October!
We are in the state of PA. Does anyone know, IF we decide to take her to court to fight for split custody will the court make her repay the child support that she really is not entitled too? BTW, if we go to domestic relations and ask for a new hearing based on split custody, according to our lawyer it's very likely she would have to pay child support to DH because she makes more money than him so she is really pretty stupid.
If anyone has any experience with this I would really appreciate any information you could provide.

Comments

stemother42's picture

yes she could have to pay as well and he can freeze cs until the court date it still goes there but its held talk to cs as well about putting a freeze on the money until after court is done..

stepmom2one's picture

exactly. during this he needs to ask for a freeze, the money goes into a act and he either gets it back or BM gets it--depending on the order.

Go to court you have already established the time with kids and SS is old enough to request who he would like to live with.