Courious

[Dumbhubby]

What is the name of your state (only U.S. law)? PA

Last year when I first filed for child support I only took 1/2 of what mother owed per month according to state guidlines(so she can get on her feet), and always reminded her that after one year it will increase. I petitioned and scheduled for conference in a few months.
This time I am forced to go for as much as state guidlines will go.
All she has in so much unsecured debt and collection agencies after her and no health problems. Since she makes more then she did based on last years calculations(heck they estimated since she didnt have a job then) the state guide increase is almost 3 times what she is paying now. So what possible mitigating circumstances can there be for her not to be obligated to pay per state? Since she makes more the state guide increase is almost 3 times what she is paying now.

 

[LdiJ]

What is the name of your state (only U.S. law)? PA

Last year when I first filed for child support I only took 1/2 of what mother owed per month according to state guidlines(so she can get on her feet), and always reminded her that after one year it will increase. I petitioned and scheduled for conference in a few months.
This time I am forced to go for as much as state guidlines will go.
All she has in so much unsecured debt and collection agencies after her and no health problems. Since she makes more then she did based on last years calculations(heck they estimated since she didnt have a job then) the state guide increase is almost 3 times what she is paying now. So what possible mitigating circumstances can there be for her not to be obligated to pay per state? Since she makes more the state guide increase is almost 3 times what she is paying now.

I will tell you the truth, if she has collection agencies after her now, and she is barely surviving, if you end up with a child support increase that is three times what she is ordered to pay now, she may very well disappear on you...or quit her job, or otherwise make it impossible for you to collect from her. You could possibly end up with nothing...at least in the short term.

This isn't a male vs female thing...its gender neutral. If a parent is already totally against the wall financially, and they end up with a huge child support increase, it can demotivate them to continue paying ANY of their debts.

Its less likely to happen if they are married, and have assets to protect, but if they are single, with no assets and credit that is already tanked, you may not be doing yourself or your children a favor.

 

[Zephyr]

3. Allowable Deviations. The guidelines are designed to treat similarly situated parents, spouses and children in the same manner. However, when there are unavoidable differences, deviations must be made from the guidelines. Failure to deviate from these guidelines by considering a party’s actual expenditures where there are special needs and special circumstances constitutes a misapplication of the guidelines.

231 Pa. Code Rule 1910.16-1. Amount of Support. Support Guidelines.

 

[Ohiogal]

I will tell you the truth, if she has collection agencies after her now, and she is barely surviving, if you end up with a child support increase that is three times what she is ordered to pay now, she may very well disappear on you...or quit her job, or otherwise make it impossible for you to collect from her. You could possibly end up with nothing...at least in the short term.

This isn't a male vs female thing...its gender neutral. If a parent is already totally against the wall financially, and they end up with a huge child support increase, it can demotivate them to continue paying ANY of their debts.

Its less likely to happen if they are married, and have assets to protect, but if they are single, with no assets and credit that is already tanked, you may not be doing yourself or your children a favor.

Truthfully mom needs to get another job in order to meet her obligations. She can declare bankruptcy and go from there if she is having issues. You have given that advice to fathers who are in debt. Sorry Ld, but your bias is showing.

 

[Dumbhubby]

Just so that Im clear here...
Im not looking to slam dunk her, but right now at $200 a month doesnt even fill a 5 yr old healthy appetite for a month. Doesnt even cover half a month's daycare, clothes, and so many other things he needs.
Im just looking to make her responsible for she should, not to go buy extra beer and nonsense like that.

 

[CourtClerk]

The care and support of your mutual child should be FIRST before anything else.

If guidelines call for an increase and especially if you could use the increase in money then take the increase. As stated, she can get another job, collect cans or whatever.

If the collection agencies are calling, she's already not paying the bills.

 

[wileybunch]

Her collections and such will not be considered reasons to deviate from the child support schedule.

 

[StampGirl]

The care and support of your mutual child should be FIRST before anything else.

If guidelines call for an increase and especially if you could use the increase in money then take the increase. As stated, she can get another job, collect cans or whatever.

If the collection agencies are calling, she's already not paying the bills.

True but OP needs to realize that just because the order might be increased doesn't mean he will get the money from Mom.

Chances are, like LD said, she will disappear and/or stop paying any money. A child support order doesn't mean its collectable.

 

[Ohiogal]

True but OP needs to realize that just because the order might be increased doesn't mean he will get the money from Mom.

Chances are, like LD said, she will disappear and/or stop paying any money. A child support order doesn't mean its collectable.

But it lasts pretty much forever.

 

[Dumbhubby]

True but OP needs to realize that just because the order might be increased doesn't mean he will get the money from Mom.

Chances are, like LD said, she will disappear and/or stop paying any money. A child support order doesn't mean its collectable.

Her wages are currently garnished. So I guess for her to pay is to quit her job. Dont know for sure if it's state law now, but it garnished almost immedialtey after shw was ordered.
Strange how it works here. I specifically chose to have it direct deposited into my checking, but not too long after I filed I get the EPPIC DEBT Card. She sent some money in for her 1st payment, but second payment was garnished,,,and it wasnt due to it being in arrears.

 

[special mom]

Her wages are currently garnished. So I guess for her to pay is to quit her job. Dont know for sure if it's state law now, but it garnished almost immedialtey after shw was ordered.
Strange how it works here. I specifically chose to have it direct deposited into my checking, but not too long after I filed I get the EPPIC DEBT Card. She sent some money in for her 1st payment, but second payment was garnished,,,and it wasnt due to it being in arrears.

PA collects support through wage attachment. It's pretty standard. There is a new hire registry too so unless she works under the table

 

[LdiJ]

Truthfully mom needs to get another job in order to meet her obligations. She can declare bankruptcy and go from there if she is having issues. You have given that advice to fathers who are in debt. Sorry Ld, but your bias is showing.

If mom had posted I would have told her to get a second job...and to downsize where possible.

However, it isn't mom who posted. Its dad. The bottom line is that parents, male or female, who are already in collections on their debts, are likely to just give up when faced with an increase like that.

Come on OG, we both see it every day...parents quitting their jobs because the child support seem insurmountable...working under the table etc. Its stupid, but it happens every day.

This dad has the right to know that.

 

[Ohiogal]

If mom had posted I would have told her to get a second job...and to downsize where possible.

However, it isn't mom who posted. Its dad. The bottom line is that parents, male or female, who are already in collections on their debts, are likely to just give up when faced with an increase like that.

Come on OG, we both see it every day...parents quitting their jobs because the child support seem insurmountable...working under the table etc. Its stupid, but it happens every day.

This dad has the right to know that.

I also see such deadbeat parents going to jail if not prison and never owning a thing to their name and basiclaly proving how pathetic they really are. If she doesn't pay child support then she will end up paying eventually by going to jail. Or never having a dime to her name.

 

[CourtClerk]

If mom had posted I would have told her to get a second job...and to downsize where possible.

However, it isn't mom who posted. Its dad. The bottom line is that parents, male or female, who are already in collections on their debts, are likely to just give up when faced with an increase like that.

Come on OG, we both see it every day...parents quitting their jobs because the child support seem insurmountable...working under the table etc. Its stupid, but it happens every day.

This dad has the right to know that.

Well then I suppose that no custodial parent in the world should ever move to upward modify their support order because it could potentially be more than the NCP could afford and force them to go underground and never pay a dime. Forget the fact that all the while, the CP's expenses for raising a child are going up each and every day. They'll just have to deal with it.

In fact, every day this week, I think I've seen a newstory where someone was killed on the freeway on the way to work. All the more reason for me not to go to work. Bad things can happen.

I should also call my landlord and tell the company not to raise my rent. After all, the last two rent increases were within a year of each other and totaled more than $400 (all the while not receiving CS). That could have potentially left me and my kid HOMELESS. If they do it again, that could again leave my kid and me homeless. I may have to downsize, get another job - or do whatever I have to do to keep the bills paid whether it's comfortable or not. Imagine that.