Advice in PA support modification

[luvmy5kids]

What is the name of your state? Pennsylvania
I have been receiving Child Support for my three children since 1998; one of whom is handicapped. I do receive a monthly annunity which has been factured in from the beginning as income. In 1998 ordered support was $289. In 1999 I was asked by my ex to voluntarily modify as he wanted to be able to do things with kids. I lowered it to $250. I remarried in 2000. In 2001 his "lawyer" files to modify again ... I went to the conference w/o a lawyer; my support was lowered to $200 and had children put on my husbands insurance for extra coverage. In 2003 it happened again, same scenerio and was lowered to $165. Finally "I" told my ex it needed to be raised so he voluntarily raised it to $200 in late 2004. FYI: Visitation is every other weekend and Wednesdays for 3 hours; it equals about 5 1/2 days a month total when you add up hours. He never uses up his alloted vacation time and rarely asks to have them any extra time. I provide the childrens with a home, food, buy all clothing, school supplies, lunches, haircuts, everything for the children...because he says that's what his child support is for; I must even send them all with enough clothing for the weekend as he will not provide any. Yet he thinks he pays too much support.

Today I get served with papers and you can just guess....he wants it lowered again. I know inflation keeps going up but my support just keeps going down! This time I don't think I should go w/o a lawyer. This man has worked for the same business doing a Union job since 1994. During our marriage I stopped working to be a stay at home Mom at his request. We divorced 3 years later at which time I was still not working. We are now both remarried, I longer than he. I also have children with my new husband; he has not done so in his marriage. He was making about $17 an hour in 1997 when we divorced so he should be making at least the same today and his insurance is provided 100% by his employer. The reasons he is saying it should be lowered are:
1) Due to a change in the PA support guidelines. Does anyone know what changes in the guideline could actually affect our case?
2) He wants the court to treat me as I am to go to work and have me assessed at an earning capacity so he doesn't have to pay SO much. If my current husband and I have a situation in which I do not have to work and since I didn't previously what could the assess me at? I was told that when they combine his and my earnings my ex would probably pay more....is that true?
3)He is requesting that the court have my husband insure his children through his employer so to cut down on what the balance is owed on bills. We have been doing this but now my husband is switching jobs and we are unsure if this company will allow him to cover the children as the present one does...at a cost of $164 every two weeks. Does a court order an employer to carry the stepchildren of an employee?
4)If my husband can't carry the children he wants the court to make me liable for more of the copay. Right now I pay the first $250 of each child; then he is pay 80% of anything over that and I 20%; he has never been given any bills to pay the 80% of as I always thought it was petty. He was only asked to pay his portion of braces one year. Will the court tell me I have to get a job? Not that I don't want to work but financially it wouldn't do us any good. Two of "OUR" children would need day care during the summer and part time during school PLUS I'd have to do the same for the children I have with my current husband. Not to mention there is so much to do daily in our home with such a large family someone must be home just to get done the daily household stuff.

Thanks to all for your help.What is the name of your state?

 

[wondreing]

The Pennsylvania guidelines did change the first of this year, depending on your combined income the amount of support can go up or down because of these changes. This link is to the new guidelines:
http://www.aopc.org/OpPosting/Supreme/out/442civ.5attach.pdf

I had to edit my post because I posted a link that could have been considered advertising because it was to a site that a lawfirm used that had the guidelines broken down in easier to understand language, and condensed quite a bit. If you do a google search on the new guidelines you can find other resources that might be more helpful.

 

[MrsK]

What is the name of your state? Pennsylvania
I have been receiving Child Support for my three children since 1998; one of whom is handicapped. I do receive a monthly annunity which has been factured in from the beginning as income. In 1998 ordered support was $289. In 1999 I was asked by my ex to voluntarily modify as he wanted to be able to do things with kids. I lowered it to $250. I remarried in 2000. In 2001 his "lawyer" files to modify again ... I went to the conference w/o a lawyer; my support was lowered to $200 and had children put on my husbands insurance for extra coverage. In 2003 it happened again, same scenerio and was lowered to $165. Finally "I" told my ex it needed to be raised so he voluntarily raised it to $200 in late 2004. FYI: Visitation is every other weekend and Wednesdays for 3 hours; it equals about 5 1/2 days a month total when you add up hours. He never uses up his alloted vacation time and rarely asks to have them any extra time. I provide the childrens with a home, food, buy all clothing, school supplies, lunches, haircuts, everything for the children...because he says that's what his child support is for; I must even send them all with enough clothing for the weekend as he will not provide any. Yet he thinks he pays too much support.

Today I get served with papers and you can just guess....he wants it lowered again. I know inflation keeps going up but my support just keeps going down! This time I don't think I should go w/o a lawyer. This man has worked for the same business doing a Union job since 1994. During our marriage I stopped working to be a stay at home Mom at his request. We divorced 3 years later at which time I was still not working. We are now both remarried, I longer than he. I also have children with my new husband; he has not done so in his marriage. He was making about $17 an hour in 1997 when we divorced so he should be making at least the same today and his insurance is provided 100% by his employer. The reasons he is saying it should be lowered are:
1) Due to a change in the PA support guidelines. Does anyone know what changes in the guideline could actually affect our case?
2) He wants the court to treat me as I am to go to work and have me assessed at an earning capacity so he doesn't have to pay SO much. If my current husband and I have a situation in which I do not have to work and since I didn't previously what could the assess me at? I was told that when they combine his and my earnings my ex would probably pay more....is that true?
3)He is requesting that the court have my husband insure his children through his employer so to cut down on what the balance is owed on bills. We have been doing this but now my husband is switching jobs and we are unsure if this company will allow him to cover the children as the present one does...at a cost of $164 every two weeks. Does a court order an employer to carry the stepchildren of an employee?
4)If my husband can't carry the children he wants the court to make me liable for more of the copay. Right now I pay the first $250 of each child; then he is pay 80% of anything over that and I 20%; he has never been given any bills to pay the 80% of as I always thought it was petty. He was only asked to pay his portion of braces one year. Will the court tell me I have to get a job? Not that I don't want to work but financially it wouldn't do us any good. Two of "OUR" children would need day care during the summer and part time during school PLUS I'd have to do the same for the children I have with my current husband. Not to mention there is so much to do daily in our home with such a large family someone must be home just to get done the daily household stuff.

Thanks to all for your help.What is the name of your state?

1) No idea about the change in guidelines, but the last poster said there was one.

2) You will probably be imputed an income. Its hard to say how much. At the very least it would probably be minimum wage x 40 hrs per week. Its rare for states to include a spouse's income, not sure if your state is one that does.

3) The court will not order your husband to carry the children on his insurance. He isnt a party to this. However, if you guys put them on the insurance, your ex will be responsible for reimbursing some/all of the cost of the children's portion of insurance.

4) If he was ordered to pay a certain % of medical bills- why didnt you get him to? Its unlikely he will get into trouble for that, because you never gave him the bills, but why not have him pay his portion? I'm kinda confused about your question here, b/c if you already pay everything, how is he arguing he wants you to pay more? If nothing else, I'd request that it stand the way that it is (80% him after you pay the first $250) and then start sending him bills.

The court can not MAKE you get a job. They can impute you an income, though, and they will.

 

[MrsK]

BTW- I am confused as to why your support is so low? Is this something you just agreed to, or is it ordered according to the state guidelines? It seems like for 3 children you should be getting more...

 

[nextwife]

Is that $200/month, $200 a week? $200 a child? What does ex do for a living?

 

[ceara19]

3) The court will not order your husband to carry the children on his insurance. He isnt a party to this. However, if you guys put them on the insurance, your ex will be responsible for reimbursing some/all of the cost of the children's portion of insurance.

But the court CAN order mom to provide additional insurance for the child if it is available to her at a reasonable cost. If insurance is available through a step parent's employer and the cost is reasonable, many courts would see that as being available to the parent that is a party to the court order.

 

[luvmy5kids]

BTW- I am confused as to why your support is so low? Is this something you just agreed to, or is it ordered according to the state guidelines? It seems like for 3 children you should be getting more...

I never went to the conference with a lawyer. So when we'd go his lawyer would make me cry and break me down. I was made to feel bad because he was living with his parents, then because he couldn't save money, then he couldn't get the kids nice gifts...just mind games that I fell for. It's my fault but I've always just wanted peace for the children's sake. When I'd get a chance to speak at the conference I was too frazzled to complete a thought. I didn't/ and still don't bring in all that much money in my annuity monthly and didn't want to have my present husband pay for my past. If he gets a cold and is out a day from work he calls for an adjustment, and he's missed 10 weeks of work this year so I'm sure his income will be lower than if he'd worked. My husband and I talked and he wants me to get a lawyer to insure my children get from him what they should. It's been too many years of me allowing him bullying me, at least I can try to keep what they get.

 

[luvmy5kids]

Is that $200/month, $200 a week? $200 a child? What does ex do for a living?

It is $200 a week total or $66.66 per child a week. He is employed in the Iron Union.

 

[luvmy5kids]

But the court CAN order mom to provide additional insurance for the child if it is available to her at a reasonable cost. If insurance is available through a step parent's employer and the cost is reasonable, many courts would see that as being available to the parent that is a party to the court order.

So why shouldn't I say he should have his wife carry the children on hers. We pay $164 biweekly just for the health insurance and an additional $110 for vision and dental.

 

[luvmy5kids]

2) You will probably be imputed an income. Its hard to say how much. At the very least it would probably be minimum wage x 40 hrs per week. Its rare for states to include a spouse's income, not sure if your state is one that does.

In turn how would that alter what he pays me? Would it go up or down?

3) The court will not order your husband to carry the children on his insurance. He isnt a party to this. However, if you guys put them on the insurance, your ex will be responsible for reimbursing some/all of the cost of the children's portion of insurance.

It's a family plan, how do they figure what portion is our childrens?

4) If he was ordered to pay a certain % of medical bills- why didnt you get him to? Its unlikely he will get into trouble for that, because you never gave him the bills, but why not have him pay his portion? I'm kinda confused about your question here, b/c if you already pay everything, how is he arguing he wants you to pay more? If nothing else, I'd request that it stand the way that it is (80% him after you pay the first $250) and then start sending him bills.

I didn't get him to because it's usually like $40 or $50 and the trouble and degrading I go through when I ask for anything from him just isn't worth it to me. I'm not looking to go back and get it from him, nor am I trying to get him in trouble...it was a choice I made. I'm not sure what prompted this recent request of my ex. Except that I know when I buy the children ANYTHING and they tell him about it, his response is, well say thank you to me because I pay for everything she buys.


The court can not MAKE you get a job. They can impute you an income, though, and they will.[/QUOTE]

I haven't worked in 11 years, I love taking care of my children. That's my job and it was his choice when he insisted I quit my job way back then. Guess I best get an attorney on this so I don't get screwed around by his AGAIN.

Thanks!

 

[luvmy5kids]

But the court CAN order mom to provide additional insurance for the child if it is available to her at a reasonable cost. If insurance is available through a step parent's employer and the cost is reasonable, many courts would see that as being available to the parent that is a party to the court order.

But my children are already covered by their father. His insurance is paid 100% by his employer/union as one of his benefits; a very good one I might add. I could see if he lost his job but this is getting over board.

 

[ceara19]

So why shouldn't I say he should have his wife carry the children on hers. We pay $164 biweekly just for the health insurance and an additional $110 for vision and dental.

Because the court wouldn't be telling your HUSBAND to put the children on his insurance. The court CAN tell you that you are to provide additional insurance on the children if it is available to you at a reasonable cost. If your HUSBAND has reasonably priced insurance through his employer and the policy allows for coverage of step children, a judge could easily decide that YOU have coverage available. I assume that your ex ALREADY provides health insurance. If so, he is doing his part. Concerning the insurance that you are currently paying, exactly WHO is covered by that insurance and how was the insurance obtained?

 

[luvmy5kids]

Concerning the insurance that you are currently paying, exactly WHO is covered by that insurance and how was the insurance obtained?

Thanks, I do understand all that but it seems petty since it really doesn't do anything for him or me by having to insurances. The only real help is Dental which then we can use the two toward braces. We've always covered themon my husbands policy but when the job changes it may not be possible and this threw the ex into a tizzy. Right now, the policy covers my husband, myself and the children. The insurance was obtained through my husband's employer; the employer pays half. The new employer pays only 25% of the cost.

 

[ceara19]

2) You will probably be imputed an income. Its hard to say how much. At the very least it would probably be minimum wage x 40 hrs per week. Its rare for states to include a spouse's income, not sure if your state is one that does.

In turn how would that alter what he pays me? Would it go up or down?

No one could answer that without first knowing how much your ex earns and how much the court would "assign" as your earnings.

3) The court will not order your husband to carry the children on his insurance. He isnt a party to this. However, if you guys put them on the insurance, your ex will be responsible for reimbursing some/all of the cost of the children's portion of insurance.

It's a family plan, how do they figure what portion is our childrens?

The information you were given about this isn't necessarily correct. Dad is ordered to provide insurance, he is doing so. How much he pays (or doesn't pay) for that insurance is irrelevant. If the court orders YOU to provide ADDITIONAL coverage, YOU will be responsible for the cost of that coverage.

4) If he was ordered to pay a certain % of medical bills- why didnt you get him to? Its unlikely he will get into trouble for that, because you never gave him the bills, but why not have him pay his portion? I'm kinda confused about your question here, b/c if you already pay everything, how is he arguing he wants you to pay more? If nothing else, I'd request that it stand the way that it is (80% him after you pay the first $250) and then start sending him bills.

I didn't get him to because it's usually like $40 or $50 and the trouble and degrading I go through when I ask for anything from him just isn't worth it to me. I'm not looking to go back and get it from him, nor am I trying to get him in trouble...it was a choice I made. I'm not sure what prompted this recent request of my ex. Except that I know when I buy the children ANYTHING and they tell him about it, his response is, well say thank you to me because I pay for everything she buys.

Then that is YOUR fault. If you CHOOSE not to follow the court order for reimbursement of the medical bills, you don't get to complain that he's not paying them.

As far as his snide remarks to the children, they are completely uncalled for. Children should never be put in the middle of their parents problems. However, I can understand why your ex may feel that way since you don't work.

The court can not MAKE you get a job. They can impute you an income, though, and they will.

I haven't worked in 11 years, I love taking care of my children. That's my job and it was his choice when he insisted I quit my job way back then. Guess I best get an attorney on this so I don't get screwed around by his AGAIN.

Thanks! [/QUOTE]You're wrong on this one. It was NOT his choice, unless he held you at gunpoint and FORCED you to quit your job. I don't know ANY judge that has ever agreed with a person that tries to claim that it is the other parties fault that they don't work. You are an adult and capable of making decisions for yourself. It also doesn't explain why YOU have chosen to not find employment since the divorce.

If you can stay home with your children because of your new husband's income, that's great. But your ex is not going to be penalized for it. Unless you are physically unable to work, the court WILL impute an income based on what THE COURT feels you COULD earn. As you have already been told, that will be a MINIMUM of 40 hours per week X minimum wage.

 

[ceara19]

Thanks, I do understand all that but it seems petty since it really doesn't do anything for him or me by having to insurances. The only real help is Dental which then we can use the two toward braces. We've always covered themon my husbands policy but when the job changes it may not be possible and this threw the ex into a tizzy. Right now, the policy covers my husband, myself and the children. The insurance was obtained through my husband's employer; the employer pays half. The new employer pays only 25% of the cost.

If it's not REASONABLY priced, the court would not force the issue. The question is what amount is reasonable. Unfortunately, that will vary depending on the judge.