Asked in Child Support and Family Law for Pennsylvania

Q: What is a good argument for reduced child support due to fixed income and permanent disability?

The child support formula being paid is mathematically impossible to pay. Living on a fixed income, “life” happens (unexpected vet/medical bills, etc.) and ex is very litigious, which requires retaining and paying lawyers constantly.

On a fixed income, it is impossible to pay off new debt on top of the ordered child support, taking into consideration the interest accrued on credit cards. What is a good argument to get child support reduced while demonstrating that the obligor is permanently and totally disabled, living solely on fixed income disability, and cannot work according to vocational expert assessments and the history of unemployability due to disability?

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1 Lawyer Answer
Kathryn Hilbush
Kathryn Hilbush
  • Media, PA
  • Licensed in Pennsylvania

A: First you need to understand that the PA Support Guidelines do not take into account the multiple issues you raise. Your housing costs, credit card bills, unexpected expenses, etc. are generally not relevant. You may be able to convince a hearing officer/judge to deviate from the Guidelines but it's certainly not a sure thing. I recommend that you consult with a local attorney experienced in family law to discuss your proposed strategy and the possibility of success in your jurisdiction. I would also recommend that you have legal representation in court.

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