Question:

I am currently separated from my wife, who has moved in with a new guy. She has my car, and they will not allow me to see my two kids.

Am I able to have the vehicle repossessed?

Also, can I sign over my parental rights to avoid child support since the new guy is now supporting them?

Answer:

Regarding your car, whether you can ultimately have the car repossessed depends on whose name the title is in.

Regardless of possession, however, if the car was acquired during the marriage, it is subject to equitable distribution.

You should also file for custody as soon as possible if you wish to have time with your children, as the status quo custody arrangement is given weight by the court.

If the opposing party is withholding the children, then you may have a case for emergency custody.

Your spouse can file for child support at any time going forward so long as you have not formally terminated your custodial rights.

However, you should note that voluntary termination of parental rights must usually coincide with an adoption of the children by another parent — a party cannot terminate his or her custodial rights simply to avoid a child support obligation.

With respect to child support, in Pennsylvania, if the obligor has 40 percent or more of overnight time with the children, then he or she is entitled to a reduction in child support.

Your obligation for child support will also depend on how much opposing party earns and your respective proportions of the monthly net income.

An argument could possibly be made as to additional income she is receiving from her paramour; however, the court typically only considers this if the paramour/new spouse resides with the opposing party and has significant income.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Jaimie Collins, contact Cordell & Cordell.