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Pennsylvania Child Support Questions & Answers
1 Answer | Asked in Child Support for Pennsylvania on
Q: If a mother's on section 8, and food stamps does the father pay more or less in child support.

She make a lil over a 1000 a month and her rent is only 264 a month and I make a lil over 1200 month and pays 20 dollars for daycare. And I already pay 400 month on another case.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 25, 2019

The support guidelines take into account someone's income and generally not their expenses, except for child-related expenses such as daycare. In addition, the court can consider the fact that you have another support order but, in my experience, when the numbers are calculated, the fact of a... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: If ex wife does not work and uses her spouses income as hers can I refile in court for reduction in child support due to

Her spouses income being double of mine , the court requires her to show support of our child

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 25, 2019

Please see my response to your other inquiry on this same issue.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: If ex wife chooses not to work and has to report income in court for our daughter but uses her spouses income as hers

Can I refile in court for a reduction in my child support since her spouses income is double of mine , we have shared custody of our daughter 50/50

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 25, 2019

If she has the ability to maintain employment, you can argue that she has an earning capacity, but this is usually not an argument you want to make without an attorney representing you. Succeeding with having a minimum wage earnings attributed to her can, in some circumstances, actually increase... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Is the purge amount for all the dockets put together or do each docket has its own purge payment in Harrisburg PA?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 24, 2019

Each case has it's own amount of arrears. So-called "purge amounts" are usually set by the court in connection with being released from incarceration by paying a certain amount toward an case. Purge amounts do not necessarily pay off the total amount overdue or in arrears on the case.

1 Answer | Asked in Child Support for Pennsylvania on
Q: dad got custody of child, they terminated that he pays support, but still owes me back support, does he have to pay stil

I just lost custody of my daughter, dad was on support, inconsistent with making supports so he does owe past support.

I got a letter saying he no longer has to pay but has to pay 43$ a month for past arrears, what does this mean?

does he have to pay? consequences if he... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 22, 2019

Yes, he still owes you the arrears. Apparently his rate of repayment has been established as $43 per month. Yes, he can take you in for support. If he does, the court will consider that he owes you money and probably make some sort of adjustment. You may want to bring an attorney to court with you... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: If I am paying child support and my spouse has a relative move in with them who is working, do I still have to pay?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 22, 2019

Yes. If you think that your spouse is receiving money from the relative, you might be eligible for a decrease in the support but tread carefully because if you file for an increase and it turns out that other factors will result in an increase, you'll end up paying more. An in office... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: I am paying child support but she wants me to pay the dentist bill not covered by insurance.

She took the child to a dentist not covered by Medicaid. Had she checked into it, she could have taken her to a dentist that accepted Medicaid. I had no idea about the appointment or I would have handled it correctly. Now she expects ME to pay the bill rather than it coming out of the child... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 15, 2019

If "she" is the custodial parent, then"she" is responsible for the first $250 in medical expenses per child annually. Your order should indicate this.

1 Answer | Asked in Child Support for Pennsylvania on
Q: What is the process for child support ? Mediation — assuming unsuccessful - to court next ? Time frame ?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 13, 2019

File a complaint for support. A conference will be held. If no agreement, then a hearing before a master. If one or both parties disagree with the decision, n appeal for a hearing before a judge is filed. Each county has it's own procedures that may slightly impact this basic procedure.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I signed B.C. And paid support, DNA said he wasn’t mine at 8yrs. Mom took me off C.S. 5yrs later she filed new support

Didn’t pay child support for years after she stopped payments when the court ordered DNA test showed I wasn’t the father. Years later she refiled for support, a new case is opened and I have to pay support!? $217 every two weeks...I was told if I didnt accept the new order that I would have to... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 13, 2019

Sounds pretty strange. I suggest that you get an experienced family law attorney involved although I'm concerned because it sounds like an order has already been entered against you. If so, check the order to find out if your appeal period has expired yet.

1 Answer | Asked in Child Support for Pennsylvania on
Q: NYS child sup. laws or rules in regards to personal injury, pain and suff. settlements non-taxable one-time pymnt no arr

In New York state what does the child support laws state about reporting a pain and suffering lawsuit settlement,which was a lump sum and a structured settlement both are not taxable, however I do know that the structured settlement can be considered income and there were no arrears, so my payment... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 10, 2019

Somehow, even though your location is shown as being in NC and you're asking about NY support laws, the question ended up with the PA attorneys. I suggest that you try posting it again.

1 Answer | Asked in Child Support for Pennsylvania on
Q: My husband took me for child support but I was still on his lease and lived there for 3 months while being charged

Does that mean it was fradulence on his part

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 9, 2019

You should have brought up the fact that you were living together with the children at the time of the support hearing. If there hasn't been a hearing yet, then you can bring it up at that time.

1 Answer | Asked in Child Support for Pennsylvania on
Q: If u are taking off child support by mom is that possible and will u be obligated to pay the remaining arrears
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 9, 2019

If the arrears are not owed to welfare, the mother may voluntarily forgive them , but she's under no obligation to do so, even if she terminates the support order.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Is it illegal in Pa to take child support if you do not have custody of the children

I am a Grandfather with custody My stepdaughter gets child support with zero liability for support of her son

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 7, 2019

If you have court-ordered custody you can open a support case against both parents. That way mom may be ordered to pay and dad will be paying you, not her.

1 Answer | Asked in Tax Law and Child Support for Pennsylvania on
Q: I thought I already asked this. Sorry if it's a repeat. Is there a way to hold someone accountable to file their taxes?

My ex has not filed his taxes the last few years. I am assuming it is because he has child support arrears he knows will be collected from it. He has worked- several different jobs (I'm usually notified of wage attachments and terminations) so he has enough income to file.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 4, 2019

If he's not current on his support obligation, you should definitely take him back to court for failure to comply/contempt. If he's paying his support every month, and he's also paying at least an additional 10% of the order to reduce the arrears, it may be more difficult to get any... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: I receive support n pay for my childs Dental insur thru my work He now requires braces Who pays the balance not covered
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 3, 2019

If your support order doesn't already address this issue, which it apparently does not, you can discuss with the other parent sharing the uncovered cost in the same percentages as you share other medical expenses. If the other parent doesn't want to agree to pay, you may have to go back... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can Dom. Rel. bypass crt and freeze acct and withdraw $ from def. for arrears while def. is in compliance?

My son pays 500.00 a month 463.00 child support the rest arrears. Last month his payment was a bit late but was still post marked in the said month. On the 4th of December domestic relations froze his savings account and took 1,000.00 from it. He received a letter stating this on December 12th.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 1, 2019

Your final sentence throws the rest of your inquiry into a morass of confusion. Why is there a wage attachment and DRO enforcement of a private order for support? Your son needs to consult in person with an experienced family law attorney about this mess.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Recently got a “ Request” for production of documents (my expenses) from Defendants lawyer! Mandatory?

The Interrogatories requested seem to be a little much! 52 requests to be exact including income and expense report requests! Domestic Relations got everything they needed! Seems like fishing to me and not able to retain attorney! Is this something that I need to provide them or can I deny this... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 1, 2019

You really need to find a way to at least consult in person with an attorney. The Requests may not be valid at this point under the support discovery rules but, if there's a divorce pending, they probably are. There's no way I can provide you with reliable, specific information under the... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: How is a second part time delivery driver wages added to support? I already pay support based on my professional job.

My part time job has hours varying week to week plus tips. Tips and hours worked vary week to week. How does that factor into support calculations?

Doesn't seem fair to take how much I made in a year in my part time delivery driver job and use that for support calculations.

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 28, 2018

The court will usually calculate an average of the earnings from this second job, using what you've made during the months worked.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can child support be modified if the non-custodial parent gets married?
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 27, 2018

A support order can be modified at any time if the circumstances require it, but the marriage of one of the parents is rarely such a circumstance. Only the parents have an obligation to support their children and so their spouse's incomes are not included when support is calculated.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Child support be less or more when two kids attend pvt school and one kid goes to college and the other still at home?

My ex husband makes way more than I do. We have shared 50/50 custody of my 17 years old son who is a senior in high school and my daughter in 4th grade. My ex husband pays me child support and also pays both kids private school tuition (very expensive). Will I receive less or more when my son goes... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 13, 2018

If the private school tuition is included in the actual court order then you may be looking at a reduction in your order just because one child's tuition will be coming off the order. You could meet with an experienced family law attorney to discuss in more detail and go over the numbers... View More

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