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PA child support & CP rights

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What is the name of your state? PA

I've been divorced for 9 years and receiving CS for 3 children the whole time. Not always on time, not always the correct amount but eventually it gets caught up. Never took him back for a raise yet he takes me back if he gets a hang nail just to lower it for a week. Recently, I was taken back to Domestic Relations because ex wanted support lowered and wanted me assessed an income as I am a stay at home Mom. I had no problem with the assessment as I feel it's fair. The problem that arose, was that that his support did not go down, it went up about $30 a week. It went up because when we were last to DR 5 years ago he had been "bumped" to a lower paying job and that wage was input into the calculations...he never contacted them when he went back to his regular position which pays approx. $5 more an hour.
He appealed Domestic Relations Order and we went before a Judge. At that time the my ex's attorney requested that the Order be thrown out. They asked that I be assessed a higher income level and that my ex be given a further downward deviation in support in lieu of money our 18 year old (still in high school) daughter will be getting from a lawsuit. She was left handicapped do to a medical error at birth. Daughter does not get the money until she graduates high school at which time ex will not be supporting her. He and his wife have been quite obsessed with this "money" our daughter is getting and since I have custody he wants his support lowered because she will be living with me when she gets it, therefore they want it to be considered income into my home. When all was said and done, the Judge Ordered denied all their motions and ordered that the Domestic Relations Order stay in force. Does a NCP have the right to use an adult child's income to provide him/her with a downward deviation of support being paid for other children?

Today I got a letter from ex's attorney which they have now filed a "Motion for Reconsideration" and a scheduling of briefing and argument. What does that mean exactly? Obviously he didn't like the two orders. Is that more court time for us? In the letter to the Judge they also state that "Granting Reconsideration would provide an explanation of the Order for the purpose of a possible Appeal. Do you think a Judge will realize that my ex is trying to profit from his daughter and that he is being petty?

So before I see my lawyer AGAIN I thought I'd look to you all since you've helped me in the past. Then I can present all my knowlege and thoughts to him more effectively. Thanks.....happy day to all.
 
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luvmykidz

Junior Member
Fortunately, rather unfortunately, I am familiar with the Motion for Reconsideration process.

Let me address the support issue. This one is pretty much a loss for him. At 18 years old and still in high school, father will still under Pennsylvania guidelines have to provide support because our state stipulates it is to be paid until the child is 18 or will continue to be paid if the child is 18 and still in high school. There will be no getting around that--I am from PA as well.

As to the disability issue. Even though father will be paying child support to you as your child remains a full time student in your household--as it is the law, he will have 0 claim to consider the disabilty money your daughter is to recieve as your income. The disability is entitled to your daughter alone as she reaches the legal age of 18 and graduates. At which time as you stated, he will not be ordered to pay child support any longer. IF your daughter had been receiving the disability payments while she was a minor since birth into your household, Father MAY have been able to consider PART of the money into your monthly income as the money would have been at your disposal and would have been being used to raise your daughter. That isn't the case so that theory is voided.

The payments were obviously set up for your daughter upon turning the legal age, after graduation as SHE would need the money to supplement the lack of gainful employment her disability may cause her to suffer--AFTER the legal age NEITHER parent is REQUIRED to financially support her. Again, if payments were recieved during the course of her childhood, you would have had the funds at your disposal and have been the beneficiary to use them how you deemed and may have been seen as an income variable to you--not the case. NEITHER dad or you will have any claim to the money, nor will it ever be at either's disposal to control or delegate how it is spent.

This all is VERY OBVIOUS to the courts. This is why it was ignored and thrown out of De Novo Hearing. Father is obviously "scraping" to dodge his obligation and in some repect, thinks he will eventually win, will it work? NO!!! Problem with these idiots is they just can't except "IT AIN'T GONNA HAPPEN". Your ex obviously has an attorney who doesn't level with him and loves the money your ex is paying him for a no-win situation to keep dragging things through the courts--which is no cheap date!!!

A good attorney has been through all aspects of the court system and is highly qualified to advise as to what the courts consider and what they never will. He very well may have told his client not to continue but your ex may not be able to accept it. Not many attorneys are going to outright refuse further litigation if their client demands it--it's only more money for them. Although you'd hope they would. Judges and courts have seen it ALL. If it walks like a duck and quacks like a duck, it's a DUCK!!! He will be seen no differently--rest assured!!!

The Do Novo hearing outcome is VERY hard to have reversed. Since a qualified Judge, not a mediator, has already heard and reviewed ALL aspects of this case and made a decision accordingly, there is next to no likelihood it will be overturned at the next level. The only way this usually ever happens is if there was SUBSTANTIAL new evidence to be presented now that wasn't available for the De Novo hearing--I don't think this is the case.

Motion for Reconsideration Appeals are VERY EXPENSIVE--at least $4,000 in attorney fees is probably the very MINIMUM you BOTH are looking at. This step is a complete review of the prior De Novo hearing at the Superior Court level comprised of 3 trial court Judges that together will review--all transcripts, evidence that was presented, and fact findings as well as the decision itself. Both of your attorneys will also re-prepare and sumit to this hearing new bench memorandums, etc., etc. passing on HUGE costs.

DO NOT try to represent yourself--pro se defendants (especially at this level) tend not to get the respect they deserve and tend to submit very incomplete and unprofessional information. Even though it is so very upsetting you will have to spend money you probably don't even have to defend yourself against his next ploy, you must!!! Trust me!!!

However, ABSOLUTELY have your attorney request in FULL any/all fees for your representation in this appeal. It was his right to have a De Novo hearing then, but now his filing is eroneous and the costs should not be passed on and absorbed by you to continually have this dragged through EVERY court process available to him at your expense only to end up with the same result--99.999999% you WILL be awarded all your costs-- all this battling will end up costing him more than he would have ever gained!!!!

Hope that makes you smile. Best of luck to you!!!
 

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