Legal Question in Family Law in Pennsylvania
child support in Pennsylvania
How exactly does Pennsylvania (Lancaster County) determine the amount of child support owed by the non-custodial parent? In this case, the father has becomed disabled with MS and the mother continues to work (and has received several raises) but the amount of child support has not been adjusted. Financial disclosure and medical records were submitted to Domestic Relations, however, they continue to accrue arrearages in the same amount as when he was working. They are now garnishing 1/3 of his disability check (from a private insurace policy) and threatening him with arrest and incarceration for not paying the arrearages. He's left with very little to live on, and it seems like there would be a formula or sliding scale that would be used to determine the amount. He's got brain lesions that were mis-diagnosed as malignant, and while he was recoving from BRAIN SURGERY Domestic Relations harrassed him. The child in question spends at least 50% of the time with the father, and the mother has not paid for childcare & insurance in over a year, as the leagal agreement stipulated. To complicate matters further, both parties now live in Florida. I suspect that PA is in violation of some law, what is it? What are the repurcussions?
1 Answer from Attorneys
Re: child support in Pennsylvania
There are quite a few issues raised by this question. The first is whether changes in circumstances of the parties would alter the amount of a support order: the answer is yes. A change in financial circumstances from the date of the order is grounds to modify the order. This information, while it is required to be submitted to the Domestic Relations Office, is not automatically acted upon without a petition by the party.
The second aspect of your question relates to the amount of time a child spends with the custodial and noncustodial parent and its bearing on a support amount. In Pa, the support guidelines contemplate that the non-custodial parent will have the child with him or her for periods of time. However, if the number of overnights the child spends with the noncustodial parent exceeds a certain limit, the noncustodial parent is entitled to an adjustment in the support amount.
Finally,through the interstate custody laws, Pennsylvania retains the authority to administer the support order until such time as its jurisdiction is removed, which could be done by the parties entering the order and requesting modification in their present state of residence.
Ilene Young, Esquire/ Civil, Family & Special Education Law
215-444-0445
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
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