| arnie230 |
| (recently joined) |
| 06/18/09 06:35 AM |
Child Support and Spousal Support
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I recently went for my initial hearing to determine child support and spousal support. I make (at least that they say)net 6100 dollars a month. In reality I make (net) about 5200 a month. They counted what I pay into Social Security and Medicare as income for me. Anyway, she doesnt work and they determined her income at zero. She has had good full jobs in the past, as recently as 2007. It was ruled that I have to pay her $2,925.00 a month. I almost passed out. My question is, I have 3 jobs and at one of my part time jobs the hours and amount I make vary. My question is, do I have to report every variation in my income to the court? If so, how in the world am I supposed to get ahead at all with the amount I have to pay her and pay rent etc..?
| arnie230 |
| (recently joined) |
| 06/18/09 07:00 AM |
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Re: Child Support and Spousal Support
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I am in Pennsylvania
| arnie230 |
| (recently joined) |
| 06/18/09 07:02 AM |
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Re: Child Support and Spousal Support
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Sorry about the lack of information but here is more...I have one 13 year old daughter and the child support is $1030.00 a month, the rest is spousal support, mortgage deviation and arrears.
| Yes_Dad |
| (Carpal \'Tunnel) |
| 06/18/09 07:27 AM |
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Re: Child Support and Spousal Support
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[quote]I recently went for my initial hearing to determine child support and spousal support. I make (at least that they say)net 6100 dollars a month. In reality I make (net) about 5200 a month. They counted what I pay into Social Security and Medicare as income for me.
--> Have you looked at your staute in what determines net income? Is your lawyer an inbecile?
Anyway, she doesnt work and they determined her income at zero. She has had good full jobs in the past, as recently as 2007. It was ruled that I have to pay her $2,925.00 a month. I almost passed out. My question is, I have 3 jobs and at one of my part time jobs the hours and amount I make vary. My question is, do I have to report every variation in my income to the court? If so, how in the world am I supposed to get ahead at all with the amount I have to pay her and pay rent etc..? [/quote]
---> Your lawyer WAS an imbecile. I would hire a new one
| arnie230 |
| (recently joined) |
| 06/18/09 07:45 AM |
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Re: Child Support and Spousal Support
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Unfortunately due to limited funds I wont be able to hire a new lawyer. I did look at the statute and, as rediculous as it may be, that is indeed what it says.
| Yes_Dad |
| (Carpal \'Tunnel) |
| 06/18/09 08:49 AM |
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Re: Child Support and Spousal Support
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[quote]Unfortunately due to limited funds I wont be able to hire a new lawyer. I did look at the statute and, as rediculous as it may be, that is indeed what it says. [/quote]
Your lawyer you had is wrong (or if you went pro-se, you are), Your FICA was to be deducted in arriving at your net income. You can probably motion to have Medicare taken out too.
c) Monthly Net Income.
(1) Unless otherwise provided in these Rules, the court shall deduct only the following items from monthly gross income to arrive at net income:
(A) federal, state, and local income taxes;
(B) F.I.C.A. payments and non-voluntary retirement payments;
(C) union dues; and
(D) alimony paid to the other party.
(2) In computing a spousal support or alimony pendente lite obligation, the court shall deduct from the obligor’s monthly net income all of his or her child support obligations and any amounts of spousal support, alimony pendente lite or alimony being paid to former spouses.
(d) Reduced or Fluctuating Income.
(1) Voluntary Reduction of Income. When either party voluntarily assumes a lower paying job, quits a job, leaves employment, changes occupations or changes employment status to pursue an education, or is fired for cause, there generally will be no effect on the support obligation.
(2) Involuntary Reduction of, and Fluctuations in, Income. No adjustments in support payments will be made for normal fluctuations in earnings. However, appropriate adjustments will be made for substantial continuing involuntary decreases in income, including but not limited to the result of illness, lay-off, termination, job elimination or some other employment situation over which the party has no control.
http://www.pacode.com/secure/data/231/chapter1910/s1910.16-2.html
| Melody |
| (Carpal \'Tunnel) |
| 06/18/09 03:16 PM |
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The courts only allow for some very limited
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reductions of the gross income. That's to protect against individuals who would do HUGE tax savings plans, and increase their tax withholding allowances in order to reduce the bottom line net income and avoid higher child support.
Your CS net, is whatever the courts say it is. As for your future proof of income to the courts...they usually want to see the last year's tax return AND most recent three pay stubs from all employers. This is to determine if you are "on track" to earn the same as the previous tax year.
What does your attorney say about imputing her income to what she earned last, or what she could earn now in the job market with her education and skills? Don't accept that they set her income at $0....EVERYONE is capable of working at Walmart and it should be imputed at minimum wage at the very least.
| almostheaven |
| (Carpal \'Tunnel) |
| 06/19/09 07:44 AM |
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Re: Child Support and Spousal Support
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You really need to seek an appeal and argue the net income and imputed income for her. You need to bring proof of your paystubs and of her past employment history and of what is available now in her area that she's qualified for (you can search the paper and bring ads for employment). This will show the court that there is work out there that she's qualified for and that's she's CHOOSING not to work, and therefore gives more weight to your asking them to impute an income. As Melody said, even if they won't impute it at what she's shown she's capable of making, they should AT LEAST base it on full-time minimum wage. But it is something you have to ASK for. They don't usually just impute income out of the goodness of their heart...if they have one.
Take a copy of the statute that shows how net income is reached and your paystubs to show what your net income actually is and ask the court to recalculate your net.
And...WHY are you working three jobs? Are you working more than 40 hours a week? PA uses overtime if you regularly receive it. If you work more than 40 hours, you've set yourself up for the next 2 years (which is usually when you can request a mod). If you have health issues that force you to cut back on working extra, the court might consider that. But just to drop the extra at this point, not likely. But coming up on the two year mark, you might want to consider dropping the extra job(s) and seek a reduction.
As for overtime varying, generally states average income when yearly income varies, sometimes using a three year span.
| arnie230 |
| (recently joined) |
| 06/19/09 08:41 AM |
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Re: Child Support and Spousal Support
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I am a full time military technician and as a condition for my full time employment I have to do the one weekend a month military drill for which I am paid seperately on a military pay scale. The other part time job is voluntary and I took that when my wife and I were together to help make ends meet when she lost her last full time job at a bank. Her job was full time at a bank and that was in 2007. I dont get overtime at any of my jobs. They gave her a "0" for income because she had surgery on her arm and cant work, according to her doctor, until the end of July. After that she can work. Is she obligated to report the income when she starts working?
| finz |
| (Carpal \'Tunnel) |
| 06/20/09 12:54 AM |
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Re: Child Support and Spousal Support
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I don't know if she is obligated to tell them anything, so I think you should follow up in July to motion for a decrease based on her new income or imputed income.
When did she have the surgery ? What about her condition makes her unable to pursue any gainful employment ?
| finz |
| (Carpal \'Tunnel) |
| 06/20/09 12:55 AM |
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Re: Child Support and Spousal Support
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Oh......and has she been collecting any disability insurance ?
| almostheaven |
| (Carpal \'Tunnel) |
| 06/23/09 07:48 AM |
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Re: Child Support and Spousal Support
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My SIL had shoulder surgery last month and cannot work until July, doctor's orders. This is temporary and not eligible for disability. She would fall under that same category. However, the court should take into consideration that it is tempoary and they should've set the matter pending for July or something. Setting her at 0 was just some stupid judge's idea of not wanting to think.
| finz |
| (Carpal \'Tunnel) |
| 06/23/09 07:32 PM |
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Re: Child Support and Spousal Support
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Exactly, the rest of the year should be imputed at something
| lilywhite |
| (member) |
| 06/24/09 09:56 PM |
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Re: Child Support and Spousal Support
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I take it this is temporary support during the pendency of the settlement/trial. Obviously someone has to pay for the house, the joint bills, and support until you are divorced.
When all is said and done, it will go down.
| icwal |
| (enthusiast) |
| 06/29/09 12:37 AM |
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Re: Child Support and Spousal Support
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PA here too, but on the other side. My STBX's net income was not figured out properly and we did not get copies of his tax return until a month later after support hearing so I don't know if it is too late to appeal. Please remember to read your support orders because there is only so many days that can pass for you to appeal. I would also like to add that during the hearing if any misconduct comes up it is taken into consideration at that time and will reduce or increase your payments. Just a little help but not much.