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  1. #1
    Join Date
    Jul 2008
    Posts
    2

    Default Child Support Modification

    My question involves child support in the State of: Pennsylvania

    I have a child support order for $210 per month to my ex. We split custody 50/50.

    In February, I was laid off. My employer contested it, and we went to a hearing. The hearing came back in my favor (I won unemployment). Also in February, I filed for a child support modification since the domestic relations law states that I can modify for involuntary employment situations.

    Well, we have been continuing for about 6 months now and we are finally going for a hearing de novo.

    My unemployment amount would put me at an income lower than my ex, which means he would have to begin paying me, or at the very least, he would have to chip in for half of our child's daycare.

    His lawyer is stating that I should be still assessed at my former rate of pay because I have an earnings capacity of that rate.

    I was pretty sure that an unemployment decision is taken into consideration for child support numbers but now his lawyer has me worried. I have been looking for a job faithfully since I left work, but for whatever reason, I can't find one.

    For my hearing, I am bringing the decision of the unemployment center, how much I receive every week from unemployment, and copies of resumes that I have sent out. I know I'm not the only one in this position, because President Bush just enacted an unemployment extension of 13 weeks to everyone who is on unemployment, because of the way the economy is.

    Should I bring anything else with me, or will the court still assess me at my old pay rate regardless of whether or not I am on unemployment?

  2. #2

    Default Re: Child Support Modification

    I am assuming that since you are having a hearing de novo that you already had a support mediation conference. What did the hearing officer say at the conference? I only ask because the court will give considerable weight to the conference decision and will generally side with the hearing officer. It will be up to the person who filed the appeal to persuade the judge to deviate from the hearing officer's decision.

    I do know that the guidelines MAY allow you to modify based on INVOLUNTARY and/or FLUCTUATING reductions in income . If you are scheduled for a hearing de novo before the court, I highly recommend that you retain an attorney if you haven't already done so. An attorney from either side will be able to subpoena other individuals and/or records, (employment/disability history, etc.) to be used at your hearing.

  3. #3
    Join Date
    Jul 2008
    Posts
    2

    Default Re: Child Support Modification

    Thank you very much for your response.

    The decision by the hearing officer, word for word:

    Since the Pltf failed to provide any documentation regarding her employment separation, unemployment benefits, ongoing employment searches and verification that she is attempting to mitigate her loss of income, the pltf was assessed and held to an income based on her prior salary.

    Unfortunately, the hearing was scheduled two days prior to my unemployment hearing. I realized later that I probably should have continued the hearing, but I guess hindsight is 20/20.

    I took very careful notes of the questions and documents that the hearing officer seemed to want (because during the hearing, I determined that I would go for a hearing de novo).

    So this time, I made a copy of my unemployment decision, which I won under section 402(e) (whether termination was due to employee conduct, which mine was determined that I had nothing to do with my termination). I also photocopied how much I would be receiving per week from unemployment, a printout of all the emails I have sent to prospective employers for a job search, and the date and time of all interviews that I've had since being unemployed.

    By the way, part of the reason that I have had such a hard time finding a job is because the job that I am in is very specialized. I am an expert at a certain piece of software.

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