Legal Question in Family Law in Pennsylvania

Please help us.

First of all, my husband has a child support hearing coming up. It will be held in a court room. My husband wants me to attend but we need to know if, because it is in a court room, I will be allowed to. Also, the mother is going for more support because PA told her because of health insurance. They told us, and we have proof of it, not to worry about insurance because she refused the military insurance my husband offered. What can we do there? And one more thing, the mother voluntarily quit her job. The only income she has is child support. She rents a house, pays utilities, doctor bills and child care. We believe that her family gives her money for these things. We were told that she has to report that as income. Is that true and can they make my husband pay more because she wanted to stop working?


Asked on 3/19/01, 3:14 pm

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Please help us.

First: there is no provision in the law for closed hearings on issues of child support, but sometimes a hearing room is very small and people other than the parties and their lawyers are told that they can't stay in the room. If the courtroom is not overcrowded, I see no reason why you shouldn't be able to observe the hearing.

Regarding the health insurance, the law provides that health insurance coverage may be required for the child if it is available at a "reasonable cost." THe law doesn't define a reasonable cost, but the courts usually have a formula based on a percentage of the parent's income. If the mother has rejected the military insurance for no good and valid reason, I would expect that the court would not order the father to provide some other insurance. If the mother has quit her job for no good reason, she may be found to be "voluntarily impoverished," and child support will be calculated based on the income she was earning before she quit. If she quit because of health reasons, she should most likely be required to show some evidence of a disability which prevents her working. In answer to your final question, income, for child support calculations, includes every source of income except for public assistance, including food stamps, welfare payments and SSI payments. If the mother is receiving support from her family, or from anyone else, in the form of money, housing she is not paying for, or other forms of gifts, that support should be included in the calculation of her income. I hope this helps.

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Answered on 5/28/01, 5:03 pm


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