modification of support Pennsylvania

[michelle1992]

My ex husband will be going for surgery soon, and is not working right now, and will be off work for a little while. He filed for a modification of support thru the court, so we have a hearing coming up soon. His wife is working, and I was wondering if they will take her income into account since they are married? If they don't, then what am I looking at as for receiving child support from him? He didn't file to have it stopped completely, just lowered..FYI--I was receiving $216 a month (54.00 a week) when he was working. They said that was the lowest amount possible to pay for someone working his job and hours...he was a mechanic making very little pay. Thank you.

[MomofBoys]

My ex husband will be going for surgery soon, and is not working right now, and will be off work for a little while. He filed for a modification of support thru the court, so we have a hearing coming up soon. His wife is working, and I was wondering if they will take her income into account since they are married? If they don't, then what am I looking at as for receiving child support from him? He didn't file to have it stopped completely, just lowered..FYI--I was receiving $216 a month (54.00 a week) when he was working. They said that was the lowest amount possible to pay for someone working his job and hours...he was a mechanic making very little pay. Thank you.

His wife is not obligated to pay his support. Her income will not be taken into account.

No one can really tell you what to expect. That is up to the discression of the judge based on his reasons for the modification and need to have the reduction.

[Road Warrior]

In MA they take the spouse's income into account when determining child support.

It appears they can in PA also:

The court will consider a new spouse's income if one of the following occurs:

(1) The parent paying the child support claims that s/he is unable to pay because of debts.

(2) "Voluntary Impoverishment" - The court may look at a new spouse's income if the custodial parent claims that the parent who owes
the support has left a job voluntarily in order to avoid paying child support.

(3) There is a claim that the parent paying child support is hiding assets.

The Earning Capacity of the Custodial Parent - Both parents have the duty to support their children, not just the paying parent. The court will also look at the earnings of the custodial parent. In particular the court will look at the resources which are available to support the children. The court may also look at your capacity to earn more money. The court may also consider the income of a new spouse when determining child support levels.

[MomofBoys]

None of those things actually apply in this situation.

In any state where a new spouse's income is considered, it is only under a special circumstance, wherein the income MAY be considered if the child is not enjoying the same standard of living from one parent to the next. That's not the case here.

The father isn't claiming he cannot pay, he's just asking for a reduction. It's possible he won't get it at all.

[michelle1992]

The Earning Capacity of the Custodial Parent - Both parents have the duty to support their children, not just the paying parent. The court will also look at the earnings of the custodial parent. In particular the court will look at the resources which are available to support the children. The court may also look at your capacity to earn more money. The court may also consider the income of a new spouse when determining child support levels.[/I]

Just to clarify things, I have always been the supporter of my children. I do make more money and work more hours than my ex husband. Are they going to hold that against me, and give him a free ride??? We have been to court a couple times over the last few years because he has tried everything he can to either get the support modified or terminated, but the judge wouldn't see it his way. I am not doubting that he injured himself, but, this is the perfect way to get out of paying the support. He doesn't consider the support he pays as helping take care of his children, he calls it "rent money"!!..The little bit the court makes him pay right now goes into my bank account and gets used for my kids...but it is so little that it is barely noticeable for us. As for his wife's income, I don't know how much she brings in, but I do know that she has to pay support for her own 2 kids, plus all the bills now that he isn't working. I am just trying to see what could be thrown at me...I want to be ready for it.

[MomofBoys]

Just to clarify things, I have always been the supporter of my children. I do make more money and work more hours than my ex husband. Are they going to hold that against me, and give him a free ride??? We have been to court a couple times over the last few years because he has tried everything he can to either get the support modified or terminated, but the judge wouldn't see it his way. I am not doubting that he injured himself, but, this is the perfect way to get out of paying the support. He doesn't consider the support he pays as helping take care of his children, he calls it "rent money"!!..The little bit the court makes him pay right now goes into my bank account and gets used for my kids...but it is so little that it is barely noticeable for us. As for his wife's income, I don't know how much she brings in, but I do know that she has to pay support for her own 2 kids, plus all the bills now that he isn't working. I am just trying to see what could be thrown at me...I want to be ready for it.

Based on what you have posted, I do not see a way that his wife's income would be considered, especially considering her own debt. The court simply won't make her be responsible for his children.

While it is ultimatley up to the judge, it seems difficult to beleive that his support will be lowered, but basically you shoudl prepare for the worst and hope for the best. Not thrilling advice, but it's really the best I can come up with.

There's nothing you can do about his opinion of support. My son's father is under the impression that we bought a new tv and car with his support, when we actually got a good deal on the tv and had been saving for the car. Some non-custodials will never feel it's their duty to pay for their own kids.

[MomofBoys]

add...

I don't think Road Warrior was suggesting you aren't supporting your children enough, just arming you with all the information!

That clause is basically saying that neither parent can deliberately earn less money just to affect the other's support obligations, and if they do, then their spouse's income can be considered.

[Road Warrior]

Thank you MomofBoys for the clarification, you are correct.

No way was I implying you weren't supporting your kids.

True story....I was engaged to a man whose ex-wife subpoenaed MY financial's, simply because we were engaged! I was livid and had to consult my own attorney. He told me I had to show up at court with all my financial records because of the subpoena, but had me write a letter to the judge asking that they be viewed "in camera". The judge told the ex-wife an engagement wasn't a change in circumstances, a marriage was and she could come back for a modification after the marriage.

If I were you, and he was pulling me into court constantly, instead of worrying about what's going to be thrown at you, I think I'd start throwing some back. Subpoena the wife's financial's, see if they have joint accounts. Trust me, she won't be too happy with your ex. Find out what mechanics in the area are making. In my state, it doesn't matter how much you actually make, it's what you could be making, if you push it, they have to address it. Is he working 40 hours or 20? The ex-wife in my case chose to work part time, even though the kids were old enough for her to work full time. The judge assessed her with full time wages.

Is he a self-employed mechanic or work for someone else? Does he receive cash for some jobs....do work on the side? Is he entitled to workmen's comp or disability? My mechanic is paying close to $400 a week and he's not even self employed. Dig, girl, dig. You're not doing it for you, you're doing it for your children. The fact that his wife has a lot on her plate has nothing to do with your kids, it's her problem. The only way you're going to keep him from hauling you to court constantly is to fight back. He'll think twice the next time. It must be costing him a year's worth of child support just to bring this to court.

[michelle1992]

He was what they call "contracted labor" ..I guess that means that as long as the person you work for has a job for you to do, then you have a job, and you could be let go at any time for whatever reason??That is what I was told. Also, he was making just minimum wage because of it,...no benifits and no hope of getting a raise. BUT, I do know that he was NOT getting one full complete paycheck(like most of us do)...he and his boss had it worked out that he would get a check for some of the work done, then get paid in cash for the rest.... saves on taxes being taken out, and if my ex did any extra work, he wouldn't have to claim it...now I know you are going to tell me that he does have to claim it, but this is my ex I am dealing with...not some saint off the street..he will make a buck by throwing someone under a train if he could...BUT, to prove this in court, will be harder than it looks..that is how he got away with paying so little to begin with,,he only claimed so much of what he was making, and as long as he showed proof that he was making only that much, the court was satisfied with it....(IE..if he said he was only making $200 a week, he showed proof of that by copys of checks, and the rest was pocket money) I know he has other ways of making money, but it is a long stroy and I really don't want to get into it. He also got mad one time when I showed proof of what I am making, which is more than Min wage, and since he wasn't making that--so he said--- the court took us both and used it as both of us working 40 hrs a week at a min wage pay..Yea, it helped me out, but it didn't him, and he wasn't a happy camper...so he thinks because I make more than he does, or wants to, that he shouldn't have to pay or should pay less....so much for taking care of my kids!!!!! He goes to the doctor today to get things checked out to see if he does need surgery or not...so I guess next week or later tonight I will find out "the rest of the story"

[michelle1992]

oh,and for workmans comp...no, he can't get that because he didn't get hurt on the job...and for disability, he has tried for that a couple times alreay but he can never proof that he is not able to work, so they won't give it to him...

[Road Warrior]

Sounds like he's obviously a cheat and you have to prove it. All the more reason to get all the household financial's, including his wife's. All bank statements, credit card statements, utility bills, car insurance, rent. You'll have to show the court their monthly payout is more than their claimed income.

If you have knowledge he's getting paid under the table, haul his boss in.....neither of them will like it, but you'll show them you're not going to be a doormat and take it. Bring up the fact he's not disabled enough to qualify for benefits.

It sounds like you're in contact with him, do not show him your hand. Don't say anything about what you're going to do. Let him be totally shocked in front of the judge. His demeanor when he's caught red handed will speak volumns.

[xena]

My ex husband will be going for surgery soon, and is not working right now, and will be off work for a little while.

I have to disagree with the other answers. Unless you can prove to the court that your ex VOLUNTARILY and DELIBERATELY injured himself, you can expect that the court will decrease the CS, even if it is only temporarily.

The key to this is what is voluntary, and what is involuntary. An injury, and the need for surgery which results in less income is almost always looked at as an involutary loss of income.

He may have been always trying to get it lowered, but even the most dead beat of parents can have some very real involuntary reductions in income due to health reasons.

When you go into court, be sure to ask that any reduction be made temporary until he is well enough to return to work. In the mean time, you should begin to adjust your budget to lessen the impact that a reduction will have.