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Author Topic: Child Support and Marriage Questions  (Read 2091 times)

chipmunk226

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Child Support and Marriage Questions
« on: Jan 16, 2006, 06:28:05 AM »
Sorry for the double post, but I originally posted this on the wrong board. :P

I live in MD but my support order is in PA. The order was put into effect in 2001 and has never been modified. I currently receive $158.00 bi-weekly. Since then, I have married and moved to Maryland in 2003. I have primary legal and physical custody of my 6 year old son with his dad getting approx. 100 overnights a year, give or take a few. I was never married to my son's father.

Per our Custody Order, I am to do all of the transportation back and forth. I have had another child with my husband and we have another on the way. I am currently a stay-at-home mom because I wouldn't make enough to cover the costs of childcare. I believe that my son's father has a considerably higher paying job since 2001, but I seriously doubt that it pay more than my husbands.

Questions:

1) Does my husband's income have to be disclosed since I currently have none of my own? We do file jointly. (I would be surprised if this answer is 'no' but wishful thinking can't hurt ;c) )

2) If not, will they determine the amount of support based on only my earning capacity?

3) If I do need to disclose it, would that mean that my husband's income is 'our'  income and his expenses are 'our' expenses?

4) In my case, I take my son's to his fathers twice a month 360 miles round-trip for a total of 720 per month. Would I be able to list this as an extraordinary expense? (In our 'agreement', I did agree to do 100% of transportation, but that was before gas became ridiculous. But that's neither one of our faults.)

5) I have heard that if you have an infant at home, mothers are exempt from working for a year after their birth. Is this a myth?

I have a CS date on 1/24 and due to budget issues, can't afford to have a lawyer present so I am flying solo. Thanks for all your help and suggestions in advance. Feel free to ask any questions if something is unclear.

~Eva


POC

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RE: Child Support and Marriage Questions
« Reply #1 on: Jan 16, 2006, 07:45:49 AM »
Eva,

1) Your hubby's income is irrelevant, since it would not be included in any modification.
2) Not sure about PA, but many states impute income if a parent is under employed or unemployed.
3) see #1
4) That particular part of the agreement would hold even if gas were to go to $10 per gallon, unless and until a new order replaces it.
5) see #2

rini

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RE: Child Support and Marriage Questions
« Reply #2 on: Jan 18, 2006, 04:28:02 PM »
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






chipmunk226

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RE: Child Support and Marriage Questions
« Reply #3 on: Jan 18, 2006, 06:47:02 PM »
I claim him and will this year also. I worked for the first half of the year before my son was born. There is nothing in our order indicating who is to claim. So you’re saying that even though I don’t work, and in turn, my husband provides support for majority of the year, his father can still claim him? Why can’t my husband claim him as a dependant?

My son’s father has an older daughter who he has primary custody of as of 2/05 and receives support from her mother.

I am not aware if he has medical for my son. He has never provided me with that information. I assume he does. He has my son on the weekends so I don’t believe he uses any childcare but does put him in camp over the summer. He never discussed the camp or the cost with me.

After our hearing in Oct of 05, the lawyer I had at the time said I should file. She is no longer my lawyer, and I have a feeling she just would file what I wanted to get a payment IYKWIM. I will be utilizing my husbands legal plan to get some advice from a lawyer tomorrow so I can give them all of the facts and they can advise me whether to go forward with the conference or if I am just better off just withdrawing.

Nowhere in our custody agreement does it mention ‘transportation costs’ specifically, just I am responsible for providing it. So I am sure that can include costs.  

Maybe I was unclear, but I don’t remember saying that he should be responsible for my new children. I just explained that the reason I am not working is not for any disability etc., but because in our case childcare would take a substantial portion of any pay I may receive. If he had another child and he had to pay support for him/her, I wouldn’t receive any less support because it was after the fact. Right?

Thanks for all of you information. It has been extremely helpful.

rini

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RE: Child Support and Marriage Questions
« Reply #4 on: Jan 19, 2006, 06:41:31 PM »
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???


riniinusa@netscape.net

hope this helps clarify things

rini


rini

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RE: Child Support and Marriage Questions
« Reply #5 on: Jan 19, 2006, 06:41:31 PM »
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???


riniinusa@netscape.net

hope this helps clarify things

rini

 

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