Child Support Modification Problem

[chipmunk226]

I live in Maryland, but my support order for my 7 year old son is issued in Philadelphia, Pennsylvania. It is not an interstate order. I moved to Maryland after the support order was established. I currently do not have an attorney.

I filed in Nov 05 for an increase in support. My original order was issued in 2001 and the only modification ever made was to change payments from weekly to bi-weekly.

Since I filed in Nov 05, I have had 3 hearing dates with a hearing officer. The first was Jan 24, 2006 where I appeared. To my surprise, before I even sat down, the officer told me that my date was to be rescheduled due to Father showing up without his income information.

So it was rescheduled for Feb 14, 2006. Since I live 180 miles away, I set up a telephone conference. On Feb 14 the office called and said that Father showed up 4 hours late and again with no income information, and the officer was giving him until the following Friday to produce it.

His father didn't produce the information by the said date. I called the courts 3 times in months following. I was told that the courts still had time and my case would come up to review soon and that I would receive something by mail and just to be patient.  

Well, by April 19, I still had not received anything. So I called again, and was told that the officer didn't do anything with my file back in February and the woman I spoke to said she would personally walk up my file to be handled. I asked why that hadn't happened the last 2 times I called, and she didn't know.

My next date was scheduled for June 15, 2006. Again, I set up a phone conference. At this time I was 9 months pregnant and couldn't travel. Again the officer called to inform me that the father had not shown and that his employer has yet to send the wage verification that the courts have requested twice already.

I asked the officer what can be done to stop this cycle. Why isn't his father being forced to produce this information? Why is his employer allowed to ignore the requests? He gave minimal answers that just sum up that I have to wait and be patient. And that basically there's nothing he can do.

It is now another 6 weeks since my last hearing. I called the courts again, and all they tell me is that my case will be coming up for review again soon and I should hear something in the coming weeks. :(

My questions are:

1) What can I do to move my case along?

2) Do you think sending complaints will help, or should I just be patient?

3) Are there specific forms I can file to make a complaint?

4) Is the father really able to just ignore the requests for wage verification indefinitely?

5) What responsibility does his employer have? Can I request them to send the information also?

6) I currently don't have an attorney and don't want to have to get one, but do you think this situation warrants one?

Thanks for all of your help.

~Eva (extremely frustrated)

[socrateaser]

>My questions are:
>
>1) What can I do to move my case along?

The answer depends on whether you are the actual complaining party in the case, or whether the PA child support services department is handling the case for you against the obligor parent.

If the former, then you can file a motion for contempt and ask that the other parent be ordered jailed until he agrees to produce the employment information immediately. You can also have the court order the parent to sign a form permitting you to obtain a copy of his tax return directly from the IRS. And, you can subpoena the employer to bring in the employment records to the hearing, and if the employer doesn't show, you can file a motion for contempt against the employer, which if it's a small company, could result in the employer getting some free jail time, and if it's a big employer, you could get as much as $1,000 per day in sanctions, pending production of the documents that you seek to have discovered.

I could go on, but you get the idea, I think.

>
>2) Do you think sending complaints will help, or should I just
>be patient?

I think it will be a complete waste of time.

>
>3) Are there specific forms I can file to make a complaint?

I don't know. This is a narrow question of PA law.

>
>4) Is the father really able to just ignore the requests for
>wage verification indefinitely?

You need a lawyer.

>
>5) What responsibility does his employer have? Can I request
>them to send the information also?

See above.

>
>6) I currently don't have an attorney and don't want to have
>to get one, but do you think this situation warrants one?

The real question that you need to ask is what is the ability of the obligor parent to pay. If he is gainfully employed and he values his job, then you should get a lawyer, bite the bullet and force the issue so you start getting the money you deserve. Pretty quickly the attorney fees will be absorbed by the support you will receive.

Conversely, if the obligor is a completel loaf and you'll never get a dime, because he never stays on a job and doesn't make enough to pay his own bills, then you're probably better to just sit it out and let the state handle the case (which, at this point, seems to be what's going on here). Because you'll be throwing good money after bad, and in the end, you'll drive yourself crazy trying to get blood from a stone.

[chipmunk226]

Soc,

Thanks so much for your response.

I am the one whole filed for the modification to increase, not the state.

Also at this time, I cannot afford a lawyer. I am responsible for 100% of transportation twice a month to get my son to and from his fathers house 180 miles one way, and with today's gas prices, gas is eating up 100% of my CS every month.

I will try to do these two contempts without representation first, since filing for contempt is free in Philadelphia. If I still don't get anywhere, I will then see about retaining and attorney.  

Just a few more questions.

1) The only forms I found online for the Philadelphia Family Court was for Contempt of Custody. Can I use this form and just cross out custody? And would I need to replace it with something or just leave Contempt?

2) The company he works with is quite large; would I have to serve the contempt papers? Or would the courts just mail them?

3) If I have to provide service, where would I send it too? The website for the company directs all inquiries to you local store. There isn't any contact information for a home office or headquarters.  

Thanks so much,

~Eva

[socrateaser]

>1) The only forms I found online for the Philadelphia Family
>Court was for Contempt of Custody. Can I use this form and
>just cross out custody? And would I need to replace it with
>something or just leave Contempt?

You don't actually have grounds for contempt yet, unless the other party was ordered to appear and show cause. So, you can either go to the next hearing and submit evidence to the court of why the other party's income should be imputed at a certain amount, which depends greatly on what objective facts you may have in your possession, otherwise the best that you can get is imputed income based on minimum wages -- or, you can file a "motion to compel discovery," on grounds that by failing to appear at the hearings, the other party is effectively avoiding discovery ordered by the court.

That's what I would do. Sanctions for a motion to compel are effectively the same as for contempt, although you will need at least two more hearings -- one for the motion and one to order the sanctions if the orders compelling discovery are not obeyed.

>
>2) The company he works with is quite large; would I have to
>serve the contempt papers? Or would the courts just mail them?

You should simply subpoena the "custodian of records" for the corporation to the hearing, with the other party's employment records. You can do this by serving the subpoena on the "registered agent for service of legal process," at the address available from the Secretary of State in the jurisdicdtion where your case is located. Large companies generally have a registered agent in every jurisdiction where they are physically present, but even if this one doesn't, you can serve them by certified mail to the registered agent in the jurisdiction where the corporation was originally incorporated.

You should be able to figure out where their corporate offices are located from their website, or by calling them on the phone. Then contact the Secretary of State in that jurisdiction and get the registered agent's address.

>3) If I have to provide service, where would I send it too?
>The website for the company directs all inquiries to you local
>store. There isn't any contact information for a home office
>or headquarters.  

See #2, above.