Child support in PA (Sandy: how much, lawyer, home) - Northeastern Pennsylvania - Pennsylvania -Scranton, Wilkes-Barre, Pocono area - City-Data Forum

sues1 · 03-10-2013, 03:31 PM

Does anyone know laws concerning how much child support one is to pay to one child?? My son makes around 38-40 thousand a year. 2012 he make 16,000 more because he's in a field where he had alot of storm damage work due to the hurricane and storms. He was paying $105.00 a week for quite a while, the child's mother makes about $1,700 a month. She took him to court for more money and now he's paying $200.00 a week, which i think is excessive for one child. They based it on his storm damage pay for the year. He explained he doesn't make that money all the time, they said it didn't matter this is what he's going to be paying and there is nothing he can do about it, so don't even try. So now she has tons of money and he doesn't even have enough to live on. He's not making storm damage pay now, only when there is a storm, this just doesn't seem fair to me. He had no problem paying the $105.00 a week, but this is insane.

Riverside4ever · 03-11-2013, 05:37 AM

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Originally Posted by sues1

Does anyone know laws concerning how much child support one is to pay to one child?? My son makes around 38-40 thousand a year. 2012 he make 16,000 more because he's in a field where he had alot of storm damage work due to the hurricane and storms. He was paying $105.00 a week for quite a while, the child's mother makes about $1,700 a month. She took him to court for more money and now he's paying $200.00 a week, which i think is excessive for one child. They based it on his storm damage pay for the year. He explained he doesn't make that money all the time, they said it didn't matter this is what he's going to be paying and there is nothing he can do about it, so don't even try. So now she has tons of money and he doesn't even have enough to live on. He's not making storm damage pay now, only when there is a storm, this just doesn't seem fair to me. He had no problem paying the $105.00 a week, but this is insane.

I have custody of my children and their mother pays me child support .. Every 3 yrs they can redo it .. He can file a form to have a hearing on it and he can bring his papers to prove his income and when he makes what .. They will alter it if they see something is outta wack ..

Cpt.Trips · 03-11-2013, 09:23 AM

Your son learned a hard lesson. Everyone I know that is/was in a position like his only does extra or side work for cash only. Please don't tell me he can't because of blank. Creative bookkeeping is the only way to avoid this situation from arising again. He needs to be mindful of the amount of income he can make before getting dragged back to court. Too bad honesty is not the best policy in his case.

sues1 · 03-11-2013, 09:55 AM

He has no problem doing extra work at all, i'm sure he's thought of that already,,,,,,lololol. He talked to a lawyer this am and the lawyer can knock it down to a reasonable amount, but the lawyer costs a fortune. I guess he'll have to figure it out. The lawyer did say that the domestic judge in my son's case is known to not be fair.

thecoalman · 03-11-2013, 11:10 AM

I had a friend in similar situation, he was making really good money but he was on the road all the time. He gave up his job to be home and the mother left him a few months later. They were requiring him to pay almost as much in child support as he was making because they were basing it on what he made before. The judge didn't want to hear anything about it....

sues1 · 03-11-2013, 12:26 PM

That's pretty much what she told him, she said he can appeal it, but it will do no good. I don't get it, there are tons of deadbeat dads and it seems they punish the ones that aren't to make up for the ones that are.

Riverside4ever · 03-11-2013, 01:13 PM

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Originally Posted by sues1

That's pretty much what she told him, she said he can appeal it, but it will do no good. I don't get it, there are tons of deadbeat dads and it seems they punish the ones that aren't to make up for the ones that are.

He does not need a lawyer for this either ... I have a High profile lawyer for my custody case ( Ive won 3 already) and when I went for Child support he told me that you dont need one you just need PROOF of what you make or dont make , all your bills , debts , ect .. My ex is almost $2k in arrears , I want them to snatch her income tax .. They looked at me like I was NUTS .. They dont like men in those places .. and Im a good guy ... Thats why I have custody // Its a frustrating road .. But the truth and honesty will prevail..

Hopes · 03-11-2013, 01:31 PM

There is no limit for how much someone pays for one child. It goes by income---the idea being the child should be able to live at the same standard of living as if the parents are living together. His payments were raised based on 2012 income, and his payments should be higher for 12 months because his income was higher that year. Since this increase was based on 2012, and he's already trying to get a reduction, that means he hasn't paid higher child support for 12 months. He OWES what he should have paid in 2012 when the income was higher.

If your son is self-employed, the courts will have less compassion because many self employed and business owners make way more money than claimed on their income tax filings. A lot of their business deductions aren't relevant when calculating child support. like a truck you also use for private use, etc., deducting all gasoline purchases even gasoline used for private use, etc.

Of course the lawyer told him he could help him reduce his payment. The lawyer makes money TRYING. LOL My girlfriend's ex goes back to court every 6 months TRYING to reduce his child support. Even with a lawyer who told him that he could get it reduced, the courts actually INCREASED it twice when he initiated action himself for a reduction. My girlfriend didn't even take a lawyer---just showed up with the paperwork required, and she got an increase without even asking.

sues1 · 03-11-2013, 03:24 PM

He's not self employed, he did make more money in 2012 because of Hurricane Sandy and a few other storms, but already this year he's lost work because of snow and no storm pay, so it's sporadic. He's making the mother's pay now and the mother is making his pay and he's the one doing the dangerous work. He expected to pay a little more, but this is way to much for one child, especially when all her needs were being met anyway with what he was paying. Now there is just more money for fancier ipads, iphones, etc.

Hopes · 03-11-2013, 05:35 PM

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Originally Posted by sues1

He's not self employed, he did make more money in 2012 because of Hurricane Sandy and a few other storms, but already this year he's lost work because of snow and no storm pay, so it's sporadic.

It doesn't matter that he earns less now. He still owes her for earning more last year. He should have paid her more last year when he made more money. It's his own fault that he has to struggle now.

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Originally Posted by sues1

He's making the mother's pay now and the mother is making his pay and he's the one doing the dangerous work.

The type of work is irrelevant. All that matters is what each person earns.

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Originally Posted by sues1

He expected to pay a little more, but this is way to much for one child,

No. It's not way too much for one child. Childcare alone costs $400. The difference between a one bedroom and a two bedroom residence costs more. There are more utilities and food involved in having an extra member in the household. There are tutors, activities, sports, medical bills. Children are expensive, costing way more than a few hundred a month. There are expenses in the future to save for. There are all sorts of costs associated with raising a child.

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Originally Posted by sues1

especially when all her needs were being met anyway with what he was paying. Now there is just more money for fancier ipads, iphones, etc.

Child support isn't just about paying for needs, it's about paying for wants too. It's about providing a child with the same standard of living it would have had if the parents were living together. Millionaires pay hundreds of thousands of dollars in child support. If your son earns more money, he pays more in child support. He should have paid her when he earned it. The fact he makes less now is irrelevant because he has a debt remaining from his earnings last year.