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PA-Imputed Income

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What is the name of your state? PA

Back in October, my husband went in for a modification to remove the daycare from his child support since his ex stopped working and never told the court. At the time he was unemployed from a job that paid a higher income than the last time child support was established.

For some reason, his exes lawyer agreed to keep the child support numbers the same as when they were established in 2003. I'm guessing it was because his ex had a higher income when she quit working in 2004 and her lawyer also didn't think she could hold my husband to the higher income since he only made that amount for a few months before he lost his job.

Well, now that my husband has returned to work, his ex has filed for a modification. My husband is now making only a little more than he did in 2003, but $12,000 less than the job he lost in 2005. (2004 income was almost the same as 2003) Here are my questions:

1. Is there any chance the court will still hold him to this job he only had a short time?

2. How do we make sure she shows her numbers from 2004? 2005 will show no income. At the very least...how do we make a case that she should be imputed higher than 2003 because it's two years later.

Last time she also petitioned the court to carry the kid's insurance because she didn't like them being on my plan. They are now on her husband's insurance. Is it possible that she can petition for my husband to carry it again just to make him pay for insurance while she still uses her husbands? Can we have language put in saying that she must use my husband's insurance if she makes him carry it? This woman is VERY spiteful and she would want him to carry the insurance again just to suck more money out of him. (She didn't realize she didn't have to go through the court to put the kids on hubby's insurance.)

As usual, I want to say my husband wants to do the right thing by his kid's and pay child support. However, this woman is sucking the financial life out of us with litigation using the endless legal fund from her new rich husband. We just want to have more money to visit the kids in Missouri.
 



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