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Sehrufus
09-30-2005, 05:44 PM
I live in the State of Pennsylvania. A child support modification order was issued to increase payment. It was granted and I appealed immediately.
Since I appealed, will the new order go into effect immediatel or until I loose my appeal?

Soul_Provider_Mom
09-30-2005, 06:08 PM
I live in PA and it wont go into effect until the appeal is over. But let me say that if you loose your appeal - it retro acts back to the original modification date. Which would give you a hefty arrears and you don't want that.

I suggest you keep paying what your previous order was and even put some money in your savings in case you have to "catch up".

~peace~

Sehrufus
10-01-2005, 05:21 PM
Many thanks to the person in PA that answered my question. During my child support modification hearing, the master considered all my overtime hours for the past 9 months. Is overtime considered a fluctuating income since it is not guarantee? On my job, overtime is given out in case of emergency work and some time the company put freeze on any overtime. During the month of January and February 2005, there was high priority emergency due to the weather. During these two months I was working 16 hours and more a day and after all the repairs were made, all the overtime seized. Since then, I will be lucky to get 4 hours overtime a week and none sometimes. By the court adding all the overtime, it put my income very high. I was reading the PA child support laws on their web site, there is a paragraph that states that no adjustment will be made for the establishment or modification of a support order due to normal fluctuating of earning and there is a case beside it, Klahold v. kroh, Pa. Super. 150, 649 A.2d 701 (1994). I was trying to look this case up but just could not. I will appreciate answer to the above

elklaw
10-01-2005, 06:32 PM
You need to read the order and see if it addresses the appeal. If it does not stay enforcement pending appeal, then you need to ask the trial court to add that language to the order just to be safe.

Sehrufus
10-02-2005, 06:51 PM
Many thanks to the person that answered my question. It did say on the bottom (PND N A) pending appeal.

Sehrufus
10-02-2005, 07:04 PM
I have appealed a case and found out that I cannot make the date in the middle of november 2005. I have to leave the country to see my very ill grandmother that may not make it. Can I ask for continuation date like the second week of January 2006. Is this a good reason to ask for continuation and will the court accept it. If not what other reason the court will grant a continuation?

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