Pennsylvania Child Support

Pennsylvania

I have two children with two different mothers. I gross about 20,000 - 25,000 per year (9.75 hr) including a small amount of overtime and commissions. I am paid bi-weekly. My current order has me paying almost 400.00 a paycheck (about 800.00 a month) to the mothers. After my CS and taxes I am left at about 500.00 a month to live on. The one has a college degree and the other has medical training. Both refuse to work and have remarried. I am finding it hard to pay rent, let alone food, car payment, birthday presents for my children or even gas to drive and see them. The one mother has two new vehicles with her new husband and the other owns her own home now. The court keeps placing them at minimum wage when both refuse to work and could earn a living, but choose not to. What can I do to argue my "right" to be able to afford to earn anything resembling a living?

Both Children are school age and do not require day care or other expense. I have a "fair" amount of court ordered visitation but not enough to constitute a 50/50 split or anything.

So I am paying 800.00 a month and being left with 500.00 to live on.

Any assistance would be greatly appreciated.

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Quoting hiimjay

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Pennsylvania

I have two children with two different mothers. I gross about 20,000 - 25,000 per year (9.75 hr) including a small amount of overtime and commissions. I am paid bi-weekly. My current order has me paying almost 400.00 a paycheck (about 800.00 a month) to the mothers. After my CS and taxes I am left at about 500.00 a month to live on. The one has a college degree and the other has medical training. Both refuse to work and have remarried. I am finding it hard to pay rent, let alone food, car payment, birthday presents for my children or even gas to drive and see them. The one mother has two new vehicles with her new husband and the other owns her own home now. The court keeps placing them at minimum wage when both refuse to work and could earn a living, but choose not to. What can I do to argue my "right" to be able to afford to earn anything resembling a living?

Both Children are school age and do not require day care or other expense. I have a "fair" amount of court ordered visitation but not enough to constitute a 50/50 split or anything.

So I am paying 800.00 a month and being left with 500.00 to live on.

Any assistance would be greatly appreciated.

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When were the court orders issued, or last modified?

Also, when the second order was issued, was the CS you pay under the first order, deducted from your income BEFORE they determined the amount for the second order?

..and are you paying off any arrears?

Because the numbers just don't gel with what you're paying.

When were the court orders issued, or last modified? (July 2009)

Also, when the second order was issued, was the CS you pay under the first order, deducted from your income BEFORE they determined the amount for the second order?

(They were aware of the first order and I was told this is what happens when you pay for children to different mothers, they said they don't want to take funds away from a Child just because I have other children)

..and are you paying off any arrears?

(I was in arrears...when the second child was added. They are not behind anymore. I am concerned that when we go for the modifications (two separate) shortly I will be found to owe again but I do not see any other options. In 9 years I have never had support lowered. I have been at the same job for 10 due to not being able to leave because I cannot take a lower wage...even if the potential in the future is higher that my current 9.75)


How would I even begin to argue my side? I was told since they have chosen never to work in their training fields they get evaluated at minimum wage. Even though both their spouses can work as well

Their spouses income has no bearing whatsoever here - honestly, they could be married to Bill Gates, and you'd still be liable for child support, and they'd still be imputed an income.

I really do feel as if you've got nothing to lose by filing to modify - because as far as I can tell from PA's cs guidelines, you should be paying a considerably lower amount.

UNLESS you're still in arrears, and the arrears are added to your monthly cs obligation...or unless the courts are basing the amounts upon your potential earnings...

Quote:

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Quoting hiimjay

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When were the court orders issued, or last modified? (July 2009)

Also, when the second order was issued, was the CS you pay under the first order, deducted from your income BEFORE they determined the amount for the second order?

(They were aware of the first order and I was told this is what happens when you pay for children to different mothers, they said they don't want to take funds away from a Child just because I have other children)

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You really didn't answer my question- when the second order was issued, did they DEDUCT the amount of the first order from your income before they determined the amount for the second order?

IF they did NOT deduct the first order amount, you may be able to use that to have your second order modified, but before you file you should get a consult with a local attorney to see if that can be used in court or not.

Also, were BOTH orders modified in July 2009?

If both were, or only the second order was modified, you will have to prove a substancial change in circumstance before you can file for another modification so soon after the last one.
What is the change of circumstance that you plan to use?

I apologize for not being more detailed.

When the second order was issued, did they DEDUCT the amount of the first order from your income before they determined the amount for the second order? Both in July. Yes. They took the first order into consideration and tallied how much total I would have. I actually reported the caseworker for telling me that "We're not here to make sure you you are supported...we are here to make sure your child is supported." This was after I mentioned that what I would have left falls well below established poverty levels and I would not be able to support myself and that the mother is being calculated at minimum wage while having an education that would provide much more but refusing work. This was also the case with the second order.

I was told by an attorney that I am supposed to pay what is "fair and reasonable" and should be able to support myself while supporting my children.

If both were, or only the second order was modified, you will have to prove a substantial change in circumstance before you can file for another modification so soon after the last one.
What is the change of circumstance that you plan to use?

I have already filed for both cases and have a date set. Due to the small amount of OT calculated previously is no longer applicable and that the mothers have the ability to work at higher than minimum wage and choose not to do so. The intake worker was visibly surprised when we discussed the reasons for my request and the payout vs. my income level.

I am optimistic but not overly so. I simply ask for enough income to live on. 500.00 a month to pay rent, utilities and spend time with my children. It is not enough, especially when the other parties income levels are high enough where they can choose not to work and have enough left over to be home owners as well as purchasing new cars, 4 wheelers and take vacations south when I have to chose between food and rent every month and am not eligible for any assistance. I have been employed full time since I was 16 and raised to work what I want and take care of my responsibilities, which I have always done.

My monthly living expenses are above what I am able to take home, before calculating food. I am unable to retain a lawyer due to the finances.

I truly appreciate all the replies and do not want to come off as bitter or short with anyone. I am just frustrated. Any more assistance would continue to be appreciated.