Child Support in PA

[Feelincrazy]

Is there anyone here from PA. who has been through a CS modification?  SO has to go abck to have his support modified.  I guess I am looking for anything, positive ot negative.  He has NO MONEY for a lawyer.

[rini]

hello

we were just through a modification last year in Pa allegheny county to be specific.

what did you need to know?  i am quite familiar with PA statutes.

rini

[Feelincrazy]

Thanks so much for your reply.  Well, here is the scoop...

BM makes 37,000.00/yr. She made 32000.00/yr 4 yrs ago when they first divorced. She went to 37,000.00/yr 2 1/2 yrs ago (15% increase, but never reported it to Domestics (10% is in the agreement).

SO Made 43,600.00/yr when they first divorced. He has since lost his job (closed down), was not eligible for unemployment (he left a month before his job was accessed). He has a GED only (it took him 4 yrs as a temp making 9:00/hr at the job that closed down to get to 43,600.00 - and that was because he was willing to relocate when the company moved out of state). He now makes 8.00/hr at a Giant Food Store.

He does not want to come off as a whiner in the hearing.   He has a date set for a modification.  I just don't know what to do...what is next.  This has been so very stressful, I can barely eat or sleep.

Do you have any suggestions for what to do?  I have been reading up on the Domestics stuff, and just don't understand some of the terminology, etc.  Motions, hearings, etc.  He called and they filed to have a modification, that takes place on the 8thof June, but I don't understand what happens at that.

He has been paying half of the after-school daycare for his son (9yo).  She files for the daycare credit at the end of the year regarding taxes.  There is a statute I read about where, if the CP is ABLE to file for this (even if they CHOOSE not to), a certain percentage is deducted off BEFORE it is split in half, thereby reducing, even a little, his burden.

I appreciate you responding.  I am sure you are understanding my screen name, Feelincrazy.

[rini]

hi

 there are quite a few things you can do.

first of all send out a letter to her requesting her financials i am in the process of writing one of these for a friend so i can copy it to you.

when is your court date.. we need to serve her with in 3 weeks of it.

here is my email also

[email protected]

[saille]

Be glad to help you.  First of all, all support in PA is generally figured on specific guidelines.  There's not a lot that is negotiable.  The only difference in your case would probably be if they will consider based on the current income of BF or on the "potential" income of BF, especially if BF left job willingly prior to the position being deleted, in which case it doesn't matter that the position is deleted, he could still be figured based on previous income.

A good support calculator is at:  //www.pennglazier.com/support/support html.

Feel free to email.  I've spent forever looking over this blasted code.

-Saille

[Feelincrazy]

We have been praying daily (actually hourly) about this.
Every day we went online to see the status of the
modification.

Well, last night was not a great night, and I did not sleep
very well. I woke up this morn for work, and delivered the
paper routes as usual (I deliver 2 paper routes before
work). I was really, honestly stewing, because the stress
from last night was caused by SO and BM (SO's
ex...sometimes I still feel like I live in the SO and
BM household, kwim?). After I got home, I
decided to check the Domestics website again (for the
millionth time) and lo and behold...his support WAS reduced!

He was paying 875.00/mo for 3 kids (based on 45,000/ yr). It
was reduced to $386.00/mo (based on 13000.00/yr now - keep in
mind, SO only has a GED. It took him 5 years to go from
making 9.00/hr as a temp at Metlife to making 45,000/yr
there. Then the company closed down and 70 people, including
me lost our jobs).

I know
what I have been, and am still going through financially
right now. Even working a full time, a part time and
paper routes, plus my brother in law and my oldest giving me
money, I am 800.00/mo short. I know that BM will be
going through some similar circumstances and I cannot feel
happy about this. She has 3 kids (1 is emancipated coming
this November, which means her support will be reduced a
little more in Nov). I ask for prayers for her, and for us.

 know she will be very angry and bitter. We do not know if
she knows about the reduction yet. We DO know that she will
appeal it, and that she may get a lawyer and that she will
try to claim that she cannot work a part time job because she
HAS to go to college (her job change and pay increase is
contingent on her getting a bachelors degree - no degree, no
job, no pay). How can she work full time, go to college and
work a part time job at the same time as she is taking care
of 2 kids?

Now I work a full time, a part time and deliver 2 newspaper
routes, plus keep house (barely) and take care of 3 kids, but
she is doing it alone.

We are afraid they may exercise a rule in the support
statutes known as "household income". Meaning that, since
there is someone else in the "household" (meaning me) who is
working, that basically "frees" SO's finances up to help
more with his and BM's kids. This basically means
that they are taking into consideration MY finances in the
equation too (not fair, since they are not my kids). I have
been carrying the household for 9 months. I am stressed to
the breaking point.

Ladies, I ask you to pray that this support decision by the
courts sticks, no matter what BM and her lawyer throw
at us. I don't know how much longer I can hold things
together. I was not able to pay the gas bill last month, so
that on top of the 800.00 I cannot pay this month weighs on
my mind continuously.

I am truly depending on God to help me through this. If I
work more hours at my part time job, then I lose hours with
mu kids. I don't have that many hours with them now.

Pray for this situation for me, please.

RINI - THANK YOU FOR ALL OF YOUR HELP!!!!

[rini]

hi feeling crazy

i wanted to offer congrats and also ask where you found a PA statute addressing household income..

i have only heard of such a thing being ordered in circumstances of a NCP working part time or being voluntarily underemployed / paid or willfully not seeking employment

can you direct me to the statute you are refering to so i can explain it fully for you..

God Bless

rini

[Feelincrazy]

Well, she definitely found out about the reduction.  She is going to appeal IMMEDIATELY!!  Does anyone know if it is possible for the support interim order to be increased back now?

I know I sound dumb, but my fear is that it will go back to where it was because the next HEARING officer doesn't agree with the conference officer's findings.

Any takers on this?  I guess I need reassurance, because now here we go again!

What should he take with him to the appeal hearing?

[Kitty C.]

Don't have any experience as to how it will go, but I will tell you this.  The appeals process can take some time, but UNTIL they make a change to the order just given (if they do), you will pay the new reduction.  BM will pitch a fit from here to hell and back, but since it IS the current CS order, that is what you pay, nothing more and nothing less.

And watch out for denial of visitation, just to 'get back at you'.  Common weapon these POS's use...........

[Bolivar OH]

In OHIO you have to wait 6 months to appeal.

I know you're in PA.  You would have to read what is necessary for "CS modification" for PA.

Sorry I can't be of more help.

[rini]

hello

i just finished a brief for someone that motioned for exceptions to a support order.

the interim order stands and the payroll deduction stands as ordered until a new hearing.

by the way it is very unlikely that she will get much more.

by the way i will happily help you prepare a response to her brief.

when you recieve it.

dont sweat it  :)

God bless

rini

[Feelincrazy]

Rini, you are now, and have been a blessing.  SO just heard from his job that as of this Sunday coming up, he will go from 7.99/hr to 9.90/hr.  He will be reporting this to domestics as soon as it happens, because he knows that he has 7 days to report it.

I know this will help, because this is showing a slow but steady increase in his pay, which is consistent with all of his past jobs, including the one he ended up with 45,000/yr.

I wish I could heap blessings onto you.  You are a miracle in my life, as are all of the people on this board.

Judy

[Feelincrazy]

I just went on the PA Child Support website, and SO's date for the modification appeal hearing is August 2nd.

So, he should be receiving paperwork any day now in the mail.  What should I do, in your opinion, to get the ball rolling?

Now, we really cannot affors a lawyer, but we believe that BM will get one, even though she is crying poverty.  Do you truly believe we should retain one?

Thank you, Judy

[rini]

hi
copy to me what ever she sends..

if she does not provide you with a brief before the hearing then you will object to the presentation of one at the hearing without leave to defend and ask that a continuance immediately granted.

dont sweat it

:)::::::)))))
rini

[Feelincrazy]

Rini,

If for some reason she did not hire a lawyer, she may not know she is supposed to send a brief.  How do we get it across to her that she is obligated to send one?  Is there a letter, and also are there statutes that can be quoted in a letter that SO sends to her (certified, return receipt naturally)?

SO received the paperwork from Domestics, but nothing about a lawyer.  SO is scanning the documents in now to email to you.

Thanks,
Feelincrazy

[rini]

hello
]
if she does not provide a brief then there is nothing to defend against the previous ruling stands and the case is dismissed.

i have not recieved any documents from you yet/

rini

[denac]

Dena C
Hi
This is my first time to this.  I'm not real sure of the abbreviations.  I'll do my best!  I wish I had Better news for you...  My husband and I just had a conference w/ his attorney today.  He has been involved in a cs mod.  due to a recent knee surgery.  He used his all of his Vac. and sick time.  Therefore he had no pay for approx. 8 wks.  So thinking that the courts would see he had no money to pay with, they would side w/ him??  Well they just put him into arears!  Also notified him that due to his wage increase he will be paying more!  She will be getting an increase from $561 to $625 a month for "1" child.  Meanwhile we have "2" children of our own.  I do believe that he should be responsible to his daughter, But I feel our children suffer so that the EX can have new clothes!!  She's always dressed to impress!!  
My husband went to his cs mod. without an attorney!  He felt like they made an ass of him.  Today the attorney told him that if she had gone with him the outcome would have been the same.  What county are you in?  His attorney seems to think sometimes that has alot to do with the outcome.  I don't understand how they determine the amounts?  It seems unfair to me.  So save your money, ask for council when you are there.  I believe they will provide you w/ representation if you cannot afford it on your own.  Well good luck!  Let me know the outcome.

[denac]

Dena C
Hi
Why do you know so much about this?  Are you an attorney?  Just from reading what you wrote to her I have learned so much!!  Thanks...