Legal Question in Family Law in Pennsylvania
Will the court system assess a large child support monthly payment on the non-custodial parent if he/she is currently unemployed (but is actively seeking employment), and the custodial earns over $5000 a month?
1 Answer from Attorneys
Child support is based on the combined gross monthly income of both parents. Both parents owe a duty to support their child. Reductions in income are looked upon with disfavor, but if this is involunary on your part, the courts will make allowance for this. If the court or hearing officer thinks you are deliberately depressing your income to reduce your child support, they will impute income to you and your child support will be based on the amount that you could have earned. Bring in the information regarding your pay stubs/unemployment and the hearing officer will decide. Reduction may be temporary. If you get a job, you have a duty to report that fact to the court/domestic relations office andyour child support will be re-evaluated at that time.