Philadelphia, PA asked in Family Law, Child Custody and Child Support for Pennsylvania

Q: Would "circumstances" be considered simply as he feels he doesn't have enough? Will he have to show proof?

He also doesn't have no expenses, he lives with his fiance and her three kids with her father where they pay nothing. If he should lie, which he often does in court that he now has expenses i.e. shared rent, which isn't the case but is something he would lie to make payments less. Is simply the belief he doesn't have enough going to work? Will they require his pay stubs? Is there anything i can suggest he prove to support his claim?

2 Lawyer Answers
Cary B. Hall
Cary B. Hall
Answered
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: At this point, you sound like you're ready for a sit-down consultation with a family law attorney -- who can answer all of these questions and more. If you don't have someone in mind, contact your local lawyer referral service and they can point you in the right direction.

Best of luck to you.

Kathryn Hilbush
Kathryn Hilbush
Answered
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: Usually the court will follow the support guidelines when calculating a support order, and those guidelines do not take expenses of the payer into account. The mere fact that he doesn't feel he can afford the support is irrelevant. And yes, he should be expected to provide proof of his earnings, such as pay stubs. often the Domestic Relations Office obtains six months' of earnings information directly from the employer.

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