Child Support Deviation in PA

[backwardsbike]

Soc,

I am NC mom in PA.  I recently became medically disabled.  My Dh is medically unable to work.  We have two children living with us full time.  I pay support for two more children.  Our only income is less than $1000 from my  disability pay.

Will I be allowed a deviation based on the low income with two more children to support?  

[socrateaser]

>Will I be allowed a deviation based on the low income with two
>more children to support?  

I don't know the specifics of the PA guidelines, but if you can prove your disability, then the court must compute your income based on your current earning capacity, which is zero.

Legally, this is not a deviation -- it's just computing income based on the guideline.

If you receive SSDI, or some other type of disability insurance payments, those payments could possibly be used to calculate your support obligation, however they not, generally, because they are not considered income, but rather are treated as reimbursement for a loss.

If PA has a "low income" exemption in its support laws, then the judge will consider that, too.

These two last examples are, legally speaking, deviations from the guidelines, but, from your standpoint, you don't care if it's legal or not -- you just want your support lowered.

And, for that, you must file a motion to modify or open a case with your county CSE agency. Until you do, you are still obligated to pay your current support amount, and you will build up arrears and interest/penalties for failing to pay, so I suggest that you act quickly before you fall behind so far that you'll never be able to catch up again.

[backwardsbike]

Hi Soc,

Thanks for the reply.  I petitioned to modify and received a suspension.  Now my disability has been approved and I just received my first check.

My Hearing Officer received my documentation yesterday and I am awaiting an order stating  my new amount.