Legal Question in Family Law in Pennsylvania

how can i get legal help with domestic issues. i just got a court order to pay 370 a month in child support because my ex husband who is buying a house(what he told me told domestics that it was rent to own) filed for cash assistance. yeah 370 isn't that much but when your take home paycheck is 525 every other week and you pay 500 a month for rent and 80 a month for car insurance and 140 a month for gas and 45 for a phone and 250 for a student loan there isn't that much left to begin with. i live in york pa since rules change all across the country i hope i can get a useful answer. and yes there is more my son is 17 and in 10th grade. the ex tried to get me to go back with him 3 months ago i refused i got the message still in my yahoo messenger and the ex had told domestics that my son will not live with me (knowing what he told me and my son before that he would kill us if we left i left my son stayed)


Asked on 9/14/11, 3:55 am

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

The best way to get help with your domestics issues is to retain a lawyer. By hiring a lawyer, he/she can review all of the facts of your case and advise you accordingly. Generally, the support amount is solely determined by looking at the income of the parties which will then determine the guideline amount. There are some factors that are in the statute that may be considered to allow a deviation from the guideline amount. For example, if you were successful at arguing that one of those factors applied here, then you may be able to get a reduction in the guideline amount (I assume the 370 is the guideline amount). There are not enough facts here to determine whether you would qualify for a deviation from the guideline amount. The other issue is to ensure the incomes were calculated correctly, again, hiring an attorney can assist with this. Alhtough I understand that after paying all your bills, there may not be 370 left for support. Unfortunately, the amount of your other bills generally is not a defense to your support obligation.

The other thing that needs pointed out is the fact that you only have 20 days after the entry of the support order to file an appeal. If you just had your support conference, I would suggest that you retain a lawyer right away so that deadline doesn't lapse. If you do not file an appeal, then the support order will remain in effect until there is some change in circumstances, ie: change in your income or his.

My firm does handle cases frequently in York County. If you were looking to retain a lawyer, please feel free to contact me.

Justin C. Gearty Jr., Esquire

717-490-6325

Email: [email protected]

Website: www.GeartyLawOffices.com

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Answered on 9/21/11, 12:22 pm


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