Kathryn Hilbush's answer Not ordinarily. I don't know who told her that but she should take her support order to her local Domestic Relations Office to see if they'll suspend the support order effective the return date of the children. She will probably also have to file a petition to vacate the support order and may want to consider filing a support petition to receive support from the father.
Kathryn Hilbush's answer Contact the Domestic relations Office where the order was entered and ask what their procedures are for obtaining a copy. You may have to appear in person and pay a small fee for a copy since you should have received one in the mail after it was entered.
Cary B. Hall's answer It's not. In calculating child support, a court/Domestic Relations looks at the incomes (or earning capacities) of both parents and than "runs the numbers." It may be, however, that one parent is determined to have zero income/earning capacity for any number of reasons, in which case it does appear that only the other parent's work situation is being considered.
Cary B. Hall's answer If you can provide proof at any court hearing, my gut feeling is that there will be no penalty against you. If, however, you can't provide proof of payment for child care, a court may reduce your child support award accordingly.
But if you can provide such proof to your ex *before* the hearing, then do that ASAP.
Kathryn Hilbush's answer Are you inquiring about a PA or a MD case? In PA, if you wanted to force the issue you'd probably have to file a petition with the court but I would recommend that you first discuss the issues you have with the current situation with an experienced family law attorney before filing anything. t's hard to know from what you've said here why you feel your daughter should not be staying with the grandparents more than with the mother.
Kathryn Hilbush's answer Custody and support agreements need to be entered as court orders to be enforceable. However, assuming neither parent disputes the terms of the custody agreement, the fact that it's not been entered as court order should not cause an issue with the support case.
Kathryn Hilbush's answer Whether your children's support will be impacted by the existence of this new child depends on the incomes of all parents involved. The support rules state " When the total of the obligor’s [your husband] basic child support obligations equals 50% or less of his or her monthly net income, there will be no deviation from the guideline amount of support on the ground of the existence of a new family." That means that if the support order for the third children and your children, without...
Kathryn Hilbush's answer I suggest that you consult with a family law attorney to explain what you know. Hopefully it will be enough for the attorney to give you some advice and maybe even represent you in court. It sounds like it might be a stretch financially for you to pay for a private attorney. I don't know if you're in Philadelphia or one of the surrounding counties, but some of the counties have free attorneys associated with their Domestic Relations Offices. Also you can google free and low cost legal services...
Kathryn Hilbush's answer 1. The court may choose to look at the "reality", but remember we go by the number of overnights, not daytime hours. You may want to consider filing to modify the custody order to reflect what you actually do.
2. Probably not on the new child and most likely not as to your new spouse if she earns income. The obligation for support is between the parents, not any new spouses.
3. It would depend on the reason her hours were reduced.
Kathryn Hilbush's answer If you have a court order for custody that should specify the periods of time when you have your child with you. If you don't have a court order, then you're going to have to demonstrate to the support court that the ch hild spends at least 4 overnights with you weekly, or 8 out of every 14. Anything less that that many overnights will be considered shared custody (7 out of 14 overnights) or partial custody (less than 7 out of 14). It's all in the overnights, not the daytime hours.
Kathryn Hilbush's answer I believe you already asked a similar question on this site or another legal inquiry site. You can certainly try but without more information I can't give you much more guidance. I will give you the relevant PA procedural rules to read and then, if you want to try, either speak with your Domestic Relations Office or consult with an experienced family law attorney when you can discuss your situation in more detail.
Kathryn Hilbush's answer Your mother is currently receiving the funds as your representative payee because you are under age. You have several options. One is to go to the local Social Security office to find out if they can change that to your grandmother if you have sufficient proof that you live with her. Or your grandmother could file for child support against your mother at your county Domestic Relations Office. The SS benefits would be taken into account when an order was entered against your mother.
Cary B. Hall's answer I'm not sure you have to wait -- who told you so? Might as well go ahead and file now, and see what happens. If you need to file again in the future, then you'll do so. Nothing ventured, nothing gained, right?
Kathryn Hilbush's answer There are procedures to be filed in the court system. If paternity testing was done. the court needs to officially determine that he is the father, which obviously seems unnecessary to you since the results of the testing point to him. However, the orderly process of the court must be followed. You will be entitled to collect support from at least the date when you refiled, which I think you've already done. The hearing has just been delayed by the paternity testing. There is no reason for...
Kathryn Hilbush's answer Child support orders in PA are driven by income as well as custody. Whether having the second child could impact the amount of the support order depends on several factors, including whether there is a support order for the second child and how much of the paying parent's income would be taken if the two court orders were entered at the guidelines amounts. I suggest that you consult with an experienced family law attorney who can assist you by going over the details of your situation and...
Cary B. Hall's answer Contact the PA Department of State and inquire about getting copies of the paperwork for the LLC. He can also be asked about it under oath at either a support conference or a Support Master's hearing.
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