Messages

hi

well here is a little more information for you.

first i realize that you did not mean that he should be responsible for your new children.  but the Pa guidelines are quite clear in that they require both parents be responsible for the support of a child.  Your choice to be a stay at home mom and what ever factors contributed to your decision will not be considered in your child support modification.

However there are some new facts that will be.

Your ex now has custody of his daughter.  This will cause the hearing officer to figure the support for your son using the guidelines for multiple families.  

What ever child support that he recieves for her will not be a factor in your case.  Even if it is 5000 $$$ a month.  PA requires the courts to treat all children equally.  


http://www.pacode.com/secure/data/231/chapter1910/s1910.16-7.html

these are the guidelines used for multiple families.

The courts will also calculate summer camp because it is technically day care for your son while dad is in work (correct)

Even if he is remarried it is not his new wifes responsibility to care for the child if he has to work.  

He is not currently eligible for the tax credit.  Your son lives with you the majority of the year and there is no court order to the contrary. I meant that he can ask the court to award it to him until you go back to work (even though your husband is working)  It is not your husbands child and the IRS has very specific rules relating to this.  He can ask that the courts award the credit to him by court order until further hearing.

Any time there is a hearing the courts can change the current order to reflect the circumstances.

now certainly you may ask that the courts order travel expenses to be shared but if your husband brings up that it was a condition that was negotiated so that you could move it is doubtful the courts will change it (but not impossible)

The courts must calculate his daughter into the equasion (if he asks them to)

the courts must consider the tax credit (if he asks them to)

the courts must consider the summer camp as day care up to a reasonable cost.

The courts may take into account the fact that you are a stay at home mom (and not impute an income for you)  but if he protests this it will never stand on appeal in PA.  And by the way the first appeal is a rather simple process that an amature can handle pro se...

If you happen to have an idea of what his income is, I can certainly do a preliminary calculation for you and show you how the system works.

here is my email address if you do not feel comfortable posting financial information online


by the way what was the hearing for in October???


[email protected]

hope this helps clarify things

rini

hi

well here is a little more information for you.

first i realize that you did not mean that he should be responsible for your new children.  but the Pa guidelines are quite clear in that they require both parents be responsible for the support of a child.  Your choice to be a stay at home mom and what ever factors contributed to your decision will not be considered in your child support modification.

However there are some new facts that will be.

Your ex now has custody of his daughter.  This will cause the hearing officer to figure the support for your son using the guidelines for multiple families.  

What ever child support that he recieves for her will not be a factor in your case.  Even if it is 5000 $$$ a month.  PA requires the courts to treat all children equally.  


http://www.pacode.com/secure/data/231/chapter1910/s1910.16-7.html

these are the guidelines used for multiple families.

The courts will also calculate summer camp because it is technically day care for your son while dad is in work (correct)

Even if he is remarried it is not his new wifes responsibility to care for the child if he has to work.  

He is not currently eligible for the tax credit.  Your son lives with you the majority of the year and there is no court order to the contrary. I meant that he can ask the court to award it to him until you go back to work (even though your husband is working)  It is not your husbands child and the IRS has very specific rules relating to this.  He can ask that the courts award the credit to him by court order until further hearing.

Any time there is a hearing the courts can change the current order to reflect the circumstances.

now certainly you may ask that the courts order travel expenses to be shared but if your husband brings up that it was a condition that was negotiated so that you could move it is doubtful the courts will change it (but not impossible)

The courts must calculate his daughter into the equasion (if he asks them to)

the courts must consider the tax credit (if he asks them to)

the courts must consider the summer camp as day care up to a reasonable cost.

The courts may take into account the fact that you are a stay at home mom (and not impute an income for you)  but if he protests this it will never stand on appeal in PA.  And by the way the first appeal is a rather simple process that an amature can handle pro se...

If you happen to have an idea of what his income is, I can certainly do a preliminary calculation for you and show you how the system works.

here is my email address if you do not feel comfortable posting financial information online


by the way what was the hearing for in October???


[email protected]

hope this helps clarify things

rini

hi

you do not mention who gets the credit for the child for income tax purposes.

You also do not mention if he has had any other children, or if he has remarried. (even if he has children that do not live with him that he pays support for) normally step children will not factor in unless he has legally adopted them or extenuating circumstances exist that could get the judges attention.  (example:  his brother died and he currently cares for his neice and nephew with no help)

or if he pays for the medical for the child or any child care expenses on his own time.  

he does excercise substantial parenting time and i am sure he racks up consideral expenses of his own having the child almost 1/3 of the year.

I am really curious if you applied for this modification and if so who advised you to do it?  My concerns for you will be obvious after you finish readind the rest of my post.  

here are some more specific answers.

Concerning the move.  I sincerely doubt that you will get any credit for the travel expenses.  reason for this is that it seems that an agreement was reached that allowed you to move with your new husband upon the conditions that you pay the travel expenses for visitaition.  (Why should he now have to foot the bill for these expenses just because you decided to have a new baby) .  doubtful that you will recieve any increase based on the facts you have provided.

They can not make you work but they can impute an income for you if you are not disabled. (discretion of the hearing officer. ) In cases where the child that is an infant and also is the subject of the support order they can not impute income for you until the child is older.  But not so in cases of new families and support orders regarding an existing child to another father.

it is not your ex's fault that you decided to have another child and he certainly should not be punished for your choices.  (please don't think that i am throwing stones here) I most certainly am not.  I have lived through the same situation that you are in and have two new children in PA to my new husband also.  My income  would not have been imputed because i was hurt very badly during my last pregnancy and have had 2 going on 3 surgeries)  Had i not been injured in my 7th month of pregnancy my income would have been imputed in any new calculation of support because being a stay at home mom would have been my choice regardless of how the financials of day care and ect. would have effected my income.  the courts still assume even after day care expenses that there is still income to be made.

The guidelines have changed and have changed substantially in the favor of the payor.  ( the one paying support in the state of PA).  NCP's having modifications in the next months will be looking at deductions of up to 30% in their preexisting support orders and depending on what income bracket they fall in they are recieving these support modifications retroactive to the filing date.  If you manage to slide in under the date of the guideline changes and it looks to me like your court date might just make it, However, He will be eligible to appeal the amount and have his support lowered even if they raise it slightly.  Or the hearing officer may utilize the new guidelines in the interest of efficiency and cost to the courts.

He can also ask for the income tax credit for your son to be given to him every year until you go back to work.  I am surprised he has not done this already unless you have an every other year situation.

If he has an attorney it is an extreme possibility that he will get this at the hearing because you are providing NO support for your son at this time and by the federal laws you should not be eligible to get the credit.  You must provide over half of the support to get the credit. and with him having over 100 overnights and paying you child support with you not working he should get the credit til you start to work again.

if you have any other info that was not included in your original post i will be happy to look at it.


good luck and God Bless
rini in pa

hello

start with the normal front page

In the court of  blah blah

head page 2 with in the court of blah blah

plaintiff

defendant..


                              SETTLEMENT AGREEMENT

              In the interest of expediting settlement in these matters the parties  (insert names here) have agreed to file this agreement for the court's review. This agreement effects the children (insert names) but not to their detriment.   Neither party has come to this agreement under duress.

1 ( include settlement points)

2

3

WHEREFORE, the parties pray that the court review this agreement and enters it into the docket as final settlement in these matters.


signed parties of interest

what state?

Hello

first of all there is a possibility that the 17 yr old girl may be charged as an adult for molesting your 14 yr old step son

i dont know if this will negate any of the other problems but usually a child that molests a younger child such as a 2 yr old has also been molested himself or herself.\\

the kid obviously needs more help than you can give him

but i would pursue charges against the older girl involved also\

rini

hello

call children and youth services immediately and have her investigated
or have someone else do it
 

she is not doing her job as a parent!!!!!!!!!!

do it anonomously  say your kids attend the same school and that you live close enough to see the kids home and out playing all the time when they should be in school

get a copy of the school records for yourself and document their absences by getting the dates.

also obtain their medical records so that you can document that if they are sick they should be taken to the doctors especially if their sick enough to stay home from school consistently.,
might sound harsh but .............

rini

hello\

step parents are not counted in pa.

they are not permitted to use your income unless they can establish that your dh is underemployed deliberately and that you are supporting him

'dont turn in any info unless a judge orders it.

give them his pay stubs  last 6 months  and his year end W2.

when filling out the household expense form you might wish to seperate the bills or calculate half for you and half for him

generally pa only looks at net income

if you have kids too dont admit to claiming them on a joint return

either avoid the subject or say your ex claims them perhaps ( my ex claims all the kids because he provides more than 50% of their support.)

rini

if you ever have any questions about pa support you can email me in person  i have been doing volunteer work in pa concerning this BS for years now and i am very familiar with the system.

[email protected]

Hello

one of the most important documents or information that i would ask for in discovery is the fact of whether or not mom has applied for ssd for the child for his disability.\

if she has not then this could prove your case easily.,

especially since she has applied for it for herself and is aware of the system and how it works.

this also should reduce any amount of support that you are forced to pay should the courts side with her .

i do know of case law in Pa that provides for disabled children after the age of 18 for support.  

discovery in a case like this should be your best friend

you can demand that the courts allow complex discovery in this matter under the pa codeRule 1910.11. Office Conference. Subsequent Proceedings. Order.
 (a)(1) The office conference shall be conducted by a conference officer.

 

  (2) A conference officer who is a lawyer employed by a judicial district shall not practice family law before a conference officer, permanent hearing officer or permanent or standing master employed by the same judicial district.


   Official Note

   Conference officers preside at office conferences under Support Rule 1910.11. Hearing officers preside at hearings under Support Rule 1910.12. The appointment of masters to hear actions in divorce or for annulment of marriage is authorized by Divorce Rule 1920.51.

   

 (b) If the defendant fails to appear at the conference before the officer as directed by the court, the conference may proceed without the defendant.

 (c)  At the conference, the parties shall furnish to the officer true copies of their most recent federal income tax returns, their pay stubs for the preceding six months, verification of child care expenses and proof of medical coverage which they may have or have available to them. In addition, they shall provide copies of their income and expense statements in the form required by Rule 1910.27(c), completed as set forth below.

   (1)  For cases which can be determined according to the guideline formula, the income and expense statement need show only income and extraordinary expenses.

   (2)  For cases which are decided according to Melzer v. Witsberger, 480 A.2d 991 (1984), the entire income and expense statement must be completed.

 (d)  The conference officer may make a recommendation to the parties of an amount of support which is calculated in accordance with the guidelines. If an agreement for support is reached at the conference, the officer shall prepare a written order substantially in the form set forth in Rule 1910.27(e) and in conformity with the agreement for signature by the parties and submission to the court together with the officer's recommendation for approval or disapproval. The court may enter the order in accordance with the agreement without hearing the parties.

 (e)  At the conclusion of the conference or promptly thereafter, the conference officer shall prepare a conference summary and furnish copies to the court and to both parties. The conference summary shall state

   (1)  the facts upon which the parties agree,

   (2)  the contentions of the parties with respect to facts upon which they disagree, and

   (3)  the conference officer's recommendation, if any, of

     (i)   the amount of support and by and for whom the support shall be paid, and

     (ii)   the effective date of any order.

 (f)  If an agreement for support is not reached at the conference, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e). The order shall state that any party may within ten days after the mailing of a copy of the order file a written demand with the domestic relations section for a hearing before the court.

 (g)  A demand for a hearing before the court shall not stay the order entered under subdivision (f) unless the court so directs.

 (h)  If no party demands a hearing before the court within the ten day period, the order shall constitute a final order.

 (i)  If a demand is filed, there shall be a hearing de novo before the court. The domestic relations section shall schedule the hearing and give notice to the parties. The court shall hear the case and enter a final order substantially in the form set forth in Rule 1910.27(e) within sixty days from the date of the written demand for hearing.

 (j)(1)  Promptly after receipt of the notice of the scheduled hearing, a party may move the court for a separate listing where

     (i)   there are complex questions of law, fact or both, or

     (ii)   the hearing will be protracted, or

     (iii)   the orderly administration of justice requires that the hearing be listed separately.

   (2)  If the motion for separate listing is granted, discovery shall be available in accordance with Rule 4001 et seq.

 (k)  No motion for post-trial relief may be filed to the final order of support.


   Official Note

   The rule relating to discovery in domestic relations matters generally is Rule 1930.5.


hope this helps

if you are in the allegheny county area i do have an attorney reccomendation for you

she is very reasonable and in my opinion very compentent

hello

i might have a few suggestions for you but i have a few questions first


i see from your profile that you live in CO and from your post that your pbfh lives in ILL

where are the child support and visitation orders and does the mom claim any disability?

i will get back to you after you answer my queries.