8 years later

[Ajilon]

8 years ago my ex filed our uncontested divorce in PA. He decided to try to save money by filing a blanket no fault divorce and failed to disclose to his attorney that we have a child as part of the marriage. No where in my final decree does it mention provisions (ie: custody, visitation or child support) for this child. Now 8 years later, we've come to a point where these issues need to be outlined and perhaps modified.

Prior to our divorce being filed, I relocated with the child (and his assistance) more than 1000 miles away to Alabama. We've been living here for the better part of 8 years consecutively.

My question is, how do I fix this issue? Though I've been allowing my ex vistitation during every school break and he's been voluntarily paying some child support, I'm at a point now where the tension has mounted, he's withholding the CS and I'm afraid to send DD on a visit in fear that I'll never get her back.  Could he be in trouble for failing to disclose that he had a child to his original attorney? Does that render our divorce invalid? Also, over the past 8 years, he's maintained minimal contact with her. Now that he has a new live in gf, he suddenly insists that he has all these "rights" and wants to be a proactive Dad with a child he had little to do with before. How would his sudden interest be perceived?
His voluntary CS has always been about 1/3 of what he should be paying. He's never maintained medical coverage or paid for any medical expenses in the past and now he's insisting that I'm responsible for travel expenses after he's paid travel expenses for the past 8 years in exchange for a low amount of CS.

The situation has radically gotten out of hand. Last night when I came home I heard my DD talking to him on speakphone and he was telling her such awful things about me. I don't think a 9 y/o little girl should have to heard her father repeatedly tell her that her mommy is a horrible person and is lieing to her. What can I do about this? Am I allowed to record these conversations to show the jusge his level of influence and inability to co-parent? I've never said anything negative about her father to her or where she could hear me. It's a policy I've always maintained.

Thanks for any help!
Ajilon

[socrateaser]

The failure to tell the court about the original divorce petition could be grounds to set aside the original divorce judgment so as to modify child support retroactive to the date when the divorce action was originally filed. Which could cost the obligor parent quite a bit of support arrears.

However, if you knew when it was entered, that the divorce judgment did not mention the child, then you could be held to have had unclean hands in the transaction and therefore would not be entitled to retroactive support.

Other than that, you can petition the court now to establish a custody/parenting and child support order by filing for both in your current county court. If you've been the primary caretaker all this time, it's almost a certainty that the court will not interfere with the existing status quo. And, your child support will be set at the state guideline in the jurisdiction where the other parent lives, which will almost certainly be more than you're getting now.