Legal Question in Family Law in Pennsylvania
exceptions
I filed exceptions after a child support hearing & now have a court date scheduled. I was told my ex had so many days to file a response to my filing & if he didn't, he basically states that what I stated is true. Is this the case...?? If so, what happens at our court session? Also, I now have an RN but have never worked as such because I continued on to finish my BSN. I'm told that my income cannot be based on my RN credentials if I've never worked in it....but, was held at that income by a Hearing Officer in our last hearing. Can someone explain to me why?
1 Answer from Attorneys
Re: exceptions
Suppose you were an MD, capable of earning, let's say, $400,000 p/y but instead you chose to work at McDonald's flipping hanburgers at minumum hourly wage? Should the judge base child support on your ACTUAL income or your POTENTIAL income? Which approach is more fair and equitable?
Under Oregon law, the judge (or hearings officer) has the authority to determine a parent's income for child support calculation purposes by using the parent's ACTUAL income OR on that parent's POTENTIAL income. It's what the Guidelines refer to as the "POTENTIAL INCOME RULE."
By the way, what income figure should the judge use if the parent is by choice not working at all (mother has remarried, now has baby by new husband, and chooses to be a stay-at-home mom)? What then?
L.D. Gorin
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