Q: Will a judge lower child support at a judicial hearing for non custodial parent who makes 10 grand a month?
I have a 6month old who has many medical issues due to birth problems, with my ex boyfriend who moved from HOME (Pennsylvania) to South Carolina during my pregnancy.he is listed on her birth certificate. He has only seen my child 2 times since she was born. I am in the process of going for child support there was a conference hearing in which he stated he would not pay more than 400 a month in child support and the case is being sent before a judge. I have a medical disability that keeps me from being able to work the last 3 years so I have no income but he works at a company that pays him 10-15 k a month. I do not believe he is showing the full amount of his pay as part of his paystubs are commission pay. Can the judge see his full amount per month and will the judge lower the support to meet what he wants to pay instead of what the court wants him to pay? All court and child support matters are going through South Carolina.
A: It sounds like you have sought child support through DSS's administrative process. Generally, if there is not an agreement on support during the conference, then a judge will establish support. If you have copies of any of his paystubs, you can look at his "year-to-date" gross income (instead of the gross for the individual pay period). You can also ask that support be based on his gross income as listed on his tax return.
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