Help for a friend

[rini]

Dear Socrateaser

i am currently assisting a friend of my husband with his child support matter.

He has motioned the court for exceptions to the interim order and hopes to have it calculated by the guidelines as stated instead of the hearing officer using the new math .

There are several mistakes on his interim order including the following

HIs income was calculated and stipulated to during the hearing.  the hearing officer took the liberty of  adding in his VA amount (extra 500 )over again bring his net from 3500 to 4000 a month and increasing the award from 860 to over 1000 a month also adding in an arrearage that does not exist.

Pa has a system called PACES and the amount of arrearage stipulate to at hearing was approx 800 ..  the hearing officer gave him credit for 2 weeks that ex left kids in his custody brought the arearage to less than 300.  the last few payments having been reduced by not nearly enough will put him well past oweing any thing to an arrearage in fact she will owe him now.



OK now for the questions

He is in need of a professional brief in support of his motion for his exceptions.

I was helping him draft  this and was wondering

1 what should it be titled.   BRIEF IN SUPPORT OF  Petitioners MOTION FOR EXCEPTIONS?  or am i way off.


2  Obviously we are going to address the mistakes but what would be a professional beginning to start this particular type of brief.

3 do we need to cite case law or just point out the mistakes and the statutes that should have been followed.

God Bless and thank you

 rini

[socrateaser]

>1 what should it be titled.   BRIEF IN SUPPORT OF  Petitioners
>MOTION FOR EXCEPTIONS?  or am i way off.

It's called a "Memorandum of Points and Authorities", but I don't really think you need one. I suggest, instead, write an affidavit in the first person, describing the facts and how they should be applied. I.E.:

(Petitioner/Respondent), NAME, pro se, hereby appears and moves for an order modifying the interim order of the child support hearing officer, in the above-referenced case, on grounds that said interim order does not correctly apply guideline support as required by Pennsylvania law.

Affidavit of (Petitioner/Respondent)

>2  Obviously we are going to address the mistakes but what
>would be a professional beginning to start this particular
>type of brief.

You don't need it.

>
>3 do we need to cite case law or just point out the mistakes
>and the statutes that should have been followed.

Do what you can. The more the merrier.