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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> PA
Jul 05
2009

Ask a Lawyer: My fiance has a previous court order

Posted by Dads Divorce in wages , remarriage , PA , Maintenance , income , disability , child support modification , Child Support , child , Ask A Lawyer

Question:

My fiance has a previous court order and when his ex feels like she needs more money, she petitions the courts. Here is the situtation: my fiance and I have a daughter who is autistic. He has a 16-year-old child from a previous marriage. Now, she lives with her boyfriend who she went with before the marriage broke up (my fiances best friend ). My fiance and I have been together 9 yrs and our autistic daughter is 7. It seems like when his ex's life seems uncomfortable she petitions the court for child support. My question is now that we have a child who is autistic, can he put a stop to her lying madness? She has lied to the courts and now his son is 16. There are expenses on his order he shouldn't be paying, like child care. He was told to go and file a petition but wasn't guaranteed his order wouldn't go up. Here is the hook: she only works 2 days a week. Her child is 16. He works and makes more than his dad every week. She sits home 5 days a week and collects on this kid. Here at home, we have 2 kids 7 and 8. He only makes $10.00 a hour. The last time in court, when it was called to the judge's attention that she only works 2 days a week, the judge was addressing this until her laywer (who was a public defender) changed the subject so it was dismissed. What can the defendant do and what are his rights if he has a child from a recent relationship that is disabled. Help! she's taken him for a ride and the judge is believing her. We know for a fact she works under the table and isn't telling the courts. She also says that she is going to college but it's only one night per week! Every chance she gets, she petitions the court to bring him back, even when he is not late with a payment. She calls and complains and then they contact him and he has to go whether he is late or not, and misses a day of work which sets us back and they seem not to care about whether or not he has a major obligations. Help please. It's getting too deep and my family is suffering. If asked to move, we have no where to go. At this rate, the judge seems to be giving the mother her way. It's not just her child first they should be looking out for, but the welfare of all the kids in question and they are not.

Answer:

I am not licensed in the State of Penn and therefore I cannot answer your question specifically to the laws of that State. I will attempt to give what response I am able to provide. If the judge was inclined to be concerned that she is only working two days a week, his attention needs to remain focused on that issue. You want to impute her income. Often courts will impute the underemployed person their present wage at 40 hours per week in a situation as you describe. You also appear to want the court to deviate from the support guidelines due to your child's illness. In my jurisdiction, that is unlikely as we have a first family preference. The reasoning is that your fiance knew he had a support obligation toward two children and should have considered that fact before having additional children. However, if the ex-wife would attempt to raise his child support he could use the cost of your children to help prevent an increase. If you believe that the mother is working for cash, look at locations where it is advantageous for her to claim her income is higher. This would be situations such as applications for credit cards, car loans, home loans or rent applications. Subpoena these locations. You can also look at her bank records and attempt to show the amount she deposits exceeds her claimed "on the books" income.
Aug 07
2003

Ask a Lawyer: Child Support Payment - Child Care

Posted by Dads Divorce in PA , Maintenance , Child Support , Child Support , Ask A Lawyer

Question:

There are alot of CS calculators and discussions regarding child support payments. My question is when the calculator shows a figure based on incomes is that including or excluding child care (ie day care or nanny) costs? I read PA law excerpts that seem to say it excluded, meaning if a judge calculates an award he will take what the calculator tells him and add to it an amount for child care expenses (day care or nanny etc) based on %'s of net incomes for each spouse. What's the deal? I keep hearing everyone say their payments are $1000 or $1500 per month and with child care most of the "calculators" that seem to be worth anyhting are showing at my income level that my payment is in the mi $3,000's per month, which seems outrageous.

Answer:

I am not licensed to practice in PA. I would strongly recommend contacting an attorney in PA to determine how PA handles day care expense. In Indiana, daycare is incorparated in the child support calculation. There is not a separate order for daycare. However, because of the way daycare is placed in the formula you are basicaly paying support + a percentage of daycare (based on your percentage of income). Indiana utilizes an income share model for support. If daycare is incorporated into the child support calculation it will make you child support much higher than a calculation without daycare. Which is probably why you are seeing such a disparity in child support amounts.
Mar 06
2003

Ask a Lawyer: Can custody be changed to the mother-in-law based on substance abuse?

Posted by Dads Divorce in Visitation , Parenting , PA , Modification , guardianship , drugs , custody , custody , Ask A Lawyer , alcohol , abuse

Question:

My ex and I have joint legal custody with her having residential and me with liberal visitations. I would like to get residential custody changed to my ex mother-in-law who has legal custody of her other child.The ex has a problem drinking, has had DUIs, the boyfriend just got out of jail for drugs and back child support. Is there anything I can do?

Answer:

I cannot answer your question specifically to the laws of Pennsylvania as I am not licensed to practice law in that State. I think you are talking about what some jurisdictions call a guardianship. The problem with that is you as the other parent have to say that you are unfit or unwilling to be the residential parent. Are you? Have you considered seeking a modification for you getting custody? It sounds like a good idea to me.
Nov 29
1999

Ask a Lawyer: mom in federal prison

Posted by Dads Divorce in PA , Legal Strategy , custody , Ask A Lawyer

Question:

This is rather complex. I am the girlfriend of a man whose wife is serving time in a federal prison for embesslement and tax evasion(stole 1.5 mil from the fed. credit union she worked for). Prior to her sentencing she had weekly custody of the baby and the dad had weekends. The child is only 2 yrs old. There was a legal seperation prior to her going to jail. Now she is in prison and dad has full physical custody and wants to keep it that way. The father is a fair man and allows his wife's side of the family to see her and once a month the child visits the prison. He is financiall ruined because of her and she never even asks to pay child support. He has a good job, but because she was stealing money without him knowing, they own a propery and house way out of his league for one income. He has recently filded for divorced since he met me. I am a very stable person because I'm a social worker specializing in children and also a county officer for child protective services....I've had every clearance check there is, state, national and FBI. Obviously I don't hurt children and can be trusted. However, while she sits in jail she is plotting a custody battle. She demands that he e-mail her each day about the child's whereabouts and doesn't want him yo leave her child alone with me because she doesn't know me. He is a good father and I would know due to my job. She is serving time for a felony even though it is non-violent. My boyfriend and I are thinking of getting married. His record is clean. What chances does he have winning full physical costody? What are her parental rights while she is encarcerated and what can we do to convince a judge that dad is much more stable than she is? The child RARELY speaks of her mother, but his wife's family coaches her to remember her mom, and they hate the father becaue somehow they blame HIM for HER stealing 1.5 mil. Upon release she will be lucky to find a job, she will have to live with her parents and has to pay back 1.5 mil(which she never will) does it help that we get married. We already have a house, I work for Children and Youth protective services, and the child has a real strong bond with her father and now me. What can she do to that gurantees her sole physical coustody? What should the father do? He'll do anything that pleases the judge. His daughter is his whole world.

Answer:

I must preface my answer by advising you that I am not licensed to practice law in the state of Pennsylvania. You should always consult an attorney in your state to get legal advice on the specific laws of your state. That being said your boyfried is doing the right thing by filing divorce and getting a custody order while mom is incarcerated. She really has no grounds to obtain custody while serving time in prison. Assuming the divorce is final by the time she is out of prison she can file to modify custody. However, that can be difficult to do. The longer she in prison the longer your boyfriend is the sole custodian which is all the better for him. Further he is not a felon, he has a job and a stable relationship. These are all things that will help him in a custody case. His relationship with you should not hinder his ability to get custody. The best thing you can do is finalize the divorce and get a custody order in place.
Nov 29
1999

Ask a Lawyer: Spouse remarries

Posted by Dads Divorce in wages , remarriage , PA , Maintenance , income , Child Support , Child Support , Ask A Lawyer

Question:

My ex has gotten remarried. Does the law also include the wages of the new husband or is it just based on her income?

Answer:

I cannot answer your question specifically to the laws of PA as I am not licensed in that State. I assume you are asking about child support and not maintenance (alimony) as maintenance generally terminates upon the spouse receiving the money remarrying. Child support laws are very State specific, especially when looking at such a detailed area of the law. In my jurisdiction the child support chart does not include the income of the second spouse. However, the court can look at the income of the second spouse for issues such as imputing income and attorney fees.
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