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Asked 10 months ago - Mckeesport, PA
FlagI filed for divorce from my husband in 2006. We both just blew it off until now. He recently filed 3301-D. My divorce papers state conditions of child custody, distribution of property. If I ignore this paper will I give up my right to the conditions in my original divorce? Also, a child support order went into effect 2 years ago and he has NEVER paid.
The thing that makes 3301(d) (the "Irretrievable Breakdown" ground for divorce) different from 3301(c) ("Mutual Consent") is that if you do nothing, your divorce process can still move forward. Proceeding under 3301(d) when there are no economic claims filed can quickly put you in a situation where you are at imminent risk of losing the right to make those claims. If claims are filed, your husband can force you to address them (or, if he is playing "fast and loose," pretend that they have been resolved and make you chase him down to claim your entitlement).
Never, never, *never* ignore 3301(d) paperwork if there is still something that you may want out of the situation! It is a good idea at least to consult with a family law attorney and to review the paperwork with him while discussing your particular goals for the situation. This is one of those instances where an ounce of prevention really can be worth a pound of cure.
One thing you generally do not have to worry about is losing any rights relating to a child. Those are your child's rights, and so they are not yours or your husband's to lose. That doesn't mean that delay is without consequence, of course.
As to the unpaid child support order, I would need to know much more about the situation to begin to be able to advise you. I would need to see the paperwork to learn about his present obligation, whether there have been any contempt actions against him, and where matters presently stand.
If you wish to discuss this matter further, please feel free to contact me directly.
Attorney Michael B. Greenstein
Pittsburgh, PA
You should not ignore 3301(d) paperwork. It is important to respond with the 3301(d) Counter Affidavit. Failure to respond to 3301(d) paperwork could result in the loss of your economic claims. You should consult an attorney to review your options and review how the granting of a divorce decree will affect the different aspects of your family law matter.
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