PA Child Support Issue

[backwardsbike]

Hi Soc!

I am NCM.  Everyone and order is in PA.  I have the kids only EOW and half of all holidays and summers. CP refuses t allow anymore time.

I have been on Long Term disability for two years.  Last year I was in an auto accident ( 100% the other guy's fault) I am still dealing with medical issues from that.

I was afforded the chance to go back to school for a master's degree in Rehabilitation Counseling.  I have an undergrad degree in the same field and was a nurse for 25 years before becoming disabled.

I thought, "Oh good, I'll get the degree, paid for by the state.  Then I'll be able to work for state VR to pay back the grant.  Finally I will earn more than povery level wages. The most I ever ade in my entire life was 18,000 as an LPN.

Of course as soon as I went back to school my LTD company decided that if I could attend classes for nine hours a week I must not be disabled and should be able to work full time.  They cut off my benefits.

I filed a CS modification.  I have a hearing later this week.  My attorney says they will impute my income and I will have to pay as if I was working 40 hours a week due to the fact that I'm attending school.  I am also funded by the Office of Vocational Rehabilitation which means that they decided I couldn't be gainfully employed without further training.

I wasn't even able to work 40 hours a week before I went on disability!  I worked a reduced schedule of 32 hours a week.  I have dealt with my back condition for 17 years and am much worse due to the auto accident form last December.

I need Chiropractic care once every seven days and narcotic pain relievers just to continue my classes, all nine hours a week.  I have exhausted my auto insurance medical beneifts of $10,000 and am now paying out of pocket for my care.

X makes about 60 to 70 K. Kids wear hand me downs.  I have pics of DD's shoes with holes in them so large you could fit your fist into them, so what I was paying wasn't going to the children anyway.

I have two other children from my second marriage that I support and my DH is disabled with only a small SSDI and SSI for income. When I got disabiltiy benfits we were sinking further into financial ruins with mounting debt just to pay for necessities.


Questions:

How do I defend against being imputed for 40 hours a week?

Does the fact that the CS isn't being spent on the kids count toward any of this?

Is there any way to be allowed to finish my degree and THEN pay support?

When is "hardship" an appropriate defense?

[socrateaser]

>Questions:
>
>How do I defend against being imputed for 40 hours a week?

I don't think you can make a credible case, unless you can get an expert witness (neurologist -- pain specialist) to testify that there is a substantial difference between the nine hours in class and nine hours working a job.

Without that, you're sunk.

>
>Does the fact that the CS isn't being spent on the kids count
>toward any of this?

If the CS isn't being spent on the kids and you can prove that it is materially lowering the children's station in life, then the other parent can be sanctioned for contempt or you could use it as a rationale for a new custody hearing. But, the fact of diverted CS is not a rationale for not paying CS.

>
>Is there any way to be allowed to finish my degree and THEN
>pay support?

Only if you can reach a settlement with the other parent. Otherwise, the court's hands are tied -- it MUST order support, absent proof that support is not in the children's best interests (very difficult to prove).

>When is "hardship" an appropriate defense?

Depends on local statutes. If you can show that you are living below the poverty line right now, then the court would probably limit your support obligation. But, you'd need to be very forthcoming about your finances and your spouse's finances to do this. Once again, the actual proof depends on statutes and case law in the jurisdiction.