Legal Question in Family Law in Pennsylvania

Child Support Question - State PA County Montgomery - - Situation - He has 1 child 12 years old that he has custody of receives child support for her -and 3 children from our relationship - I will maintain custody of all children but his 1 12 year old child - -

Question - he tells me that at most I will get 2-3 hundred dollars for his 3 kids that we have together in child support from him because the court is going to take in to effect that to stay in Montgomery County and in the home he currently lives in that he will only be able to spare so much money

he makes 13hr I make 12 both work full time and house hold bills for our current place is 2000 a month he says judge has to leave him enuff to pay monthly bills and support his oldest in the life she has become use to

and that the judge cant say you need to move to a smaller place or get a second job if you want to stay there

He says that the judge is going to take in to effect that he has a child to support and that she needs to stay in the same home there for the judge will only base support on his after taxes, household and needed living expenses

Is he right can he stay living in a home that is much to large for him while I live in a 2 bedroom apartment with 3 kids and only pay child support based on his after expense total?


Asked on 8/19/09, 7:03 pm

1 Answer from Attorneys
James Monaghan Law Office of James V. Monaghan

There are many issues in your inquiry. Your support will be based upon each of your respective net (after tax) incomes. The fact that he has a child from another relationship will only be taken into account if all of his support obligations exceed 50% of his net income. The expenses of his home are irrelevant. You should file for support immediately, as his obligation will be retroactive to the date of filing.

I would be happy to meet with you for a free consulation to discuss these issues further.

Jim Flood

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Answered on 8/25/09, 6:11 am


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