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Reducing Child Support Following Emancipation of One Child

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  • 07-07-2013, 06:53 PM
    Amopower
    Reducing Child Support Following Emancipation of One Child
    I just got an "Unallocated" order of the court that revises my child support payment. Basically, the support remained the same (plus an extra $20 for arrears, yet i have never been in arrears!), and the graduated child was removed from the order. It says it is based on $0 income from both of us. This makes no sense at all, neither of us were asked to attend a modification hearing, we both work. so how can they just make a BS order like this and what is the justification for the SAME amount when one kid is removed?? I have 30 days to contest, so of course i called and had to leave a message because God forbid they actually answer the phone, OR call you back for that matter....
  • 07-07-2013, 09:25 PM
    aardvarc
    Re: Reducing Child Support Following Emancipation of One Child
    We ask your state for a reason. Every state has different methods of calculating support and making changes. Without knowing your state, we'd be guessing.

    Quote:

    what is the justification for the SAME amount when one kid is removed??
    It usually has to do with a periodic increase that happens to coincide with the removal. Courts don't go looking for things to do, so SOMEONE brought the support issue before the court and asked the court to make SOME sort of modification. That someone, since not you, was likely either the custodial parent, or, the state, in reaction to either it being time for periodic review, or some other "spur" that initiated action.


    Quote:

    i called and had to leave a message because God forbid they actually answer the phone, OR call you back for that matter...
    The court isn't going to take a phone call on the matter - if you want to contest an order of the court, you need to actually file a petition.
  • 07-08-2013, 05:52 AM
    Amopower
    Re: Reducing Child Support Following Emancipation of One Child
    Thanks for the reply, sorry I neglected to put the state in, I thought I did.
    This is in Pennsylvania.
    I have been through periodic increases in the past, and they always involve a small hearing and a request for income to our employers on both sides.
    Having this modification happen without the hearing or request for income, plus no change in support after removing one child seemed very odd and lazy to me. You can call them, and if the contest needs to be done more formally, they could have at least told me that. My phone call message was simply me questioning this order.
    Do I need to pay a lawyer to formally contest this, or is a certified letter enough?
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