PA Support Modification

[dejablue]

What is the name of your state? PA

Hello.

Is there a limit as to how many times a person can file to modify a support order, for the same reason, not show up, then proceed to file again for the same reason?

Thanks for the help.

Just thought of another question also. How many overnights with NCP in PA is considered Joint? At what amount of overnights is the CS adjusted? I have found different answers in my research.

 

[proud_parent]

How many overnights with NCP in PA is considered Joint? At what amount of overnights is the CS adjusted? I have found different answers in my research.

Rule 1910.16-4. Support Guidelines. Calculation of Support Obligation. Formula.

(c) Substantial or Shared Physical Custody.

(1) When the children spend 40% or more of their time during the year with the obligor, a rebuttable presumption arises that the obligor is entitled to a reduction in the basic support obligation to reflect this time. Except as provided in subsections (2) and (3) below, the reduction shall be calculated pursuant to the formula set forth in Part II of subdivision (a) of this rule. For purposes of this provision, the time spent with the children shall be determined by the number of overnights they spend during the year with the obligor.

http://www.pacode.com/secure/data/231/chapter1910/s1910.16-4.html

 

[proud_parent]

Is there a limit as to how many times a person can file to modify a support order, for the same reason, not show up, then proceed to file again for the same reason?

Rule 1910.18. Support Order. Subsequent Proceedings.
(a) Subsequent proceedings to modify or terminate a support order pursuant to Rule 1910.19 shall be brought in the court which entered the order. If the action has been transferred pursuant to Rule 1910.2 following the entry of a support order, subsequent proceedings shall be brought in the court to which the action was transferred.

(b) Subsequent proceedings to enforce an order pursuant to Rule 1910.20 may be brought in the court which entered the support order or the court of a county to which the order has been transferred.

(c) Subdivision (a) shall not limit the right of the plaintiff to institute additional proceedings for support in any county of proper venue.

http://www.pacode.com/secure/data/231/chapter1910/s1910.18.html

In other words, there is no statutorial limit. However, I would not want to be the one to answer to the judge for bringing such a petition and then failing to show up for the hearing.

 

[dejablue]

Rule 1910.18. Support Order. Subsequent Proceedings.
(a) Subsequent proceedings to modify or terminate a support order pursuant to Rule 1910.19 shall be brought in the court which entered the order. If the action has been transferred pursuant to Rule 1910.2 following the entry of a support order, subsequent proceedings shall be brought in the court to which the action was transferred.

(b) Subsequent proceedings to enforce an order pursuant to Rule 1910.20 may be brought in the court which entered the support order or the court of a county to which the order has been transferred.

(c) Subdivision (a) shall not limit the right of the plaintiff to institute additional proceedings for support in any county of proper venue.

http://www.pacode.com/secure/data/231/chapter1910/s1910.18.html

In other words, there is no statutorial limit. However, I would not want to be the one to answer to the judge for bringing such a petition and then failing to show up for the hearing.

I have read this, but am still confused. I am the "Plaintiff". Even though the ex wants a reduction, I am still listed as the Plaintiff on his Modification request documents, he the Defendant.
Also, we don't really see a Judge, it's a Hearing Officer, they don't have much authority.
I will be attending this for the third time. He missed the last 2 times he filed for this.

 

[Silverplum]

I have read this, but am still confused. I am the "Plaintiff". Even though the ex wants a reduction, I am still listed as the Plaintiff on his Modification request documents, he the Defendant.

Yes, once the Plaintiff, always the Plaintiff in that ongoing case between the two of you, until the child is grown and all legal issues resolved.

 

[dejablue]

Yes, once the Plaintiff, always the Plaintiff in that ongoing case between the two of you, until the child is grown and all legal issues resolved.

Humm, Good to know as I try to read through and make sense of the PA Code. Thanks!

 

[Silverplum]

Humm, Good to know as I try to read through and make sense of the PA Code. Thanks!

You're welcome.

 

[dejablue]

Another question to add to this. If the paying parent is only listed as having an income that totals approx. what a minimum wage, 40 hr per week job pays, can they actually ask for a reduction saying they make less???
Can he really request a reduction when he could flip burgers and make what they already have his income listed as?
He claims to do contracting, but also claims to get laid off all the time. So, he is only listed as earning at $1139 a month on the current support order.

 

[proud_parent]

Another question to add to this. If the paying parent is only listed as having an income that totals approx. what a minimum wage, 40 hr per week job pays, can they actually ask for a reduction saying they make less???
Can he really request a reduction when he could flip burgers and make what they already have his income listed as?

Sure, he can request a downward modification. That certainly does not guarantee that the Court will grant one.

 

[dejablue]

Sure, he can request a downward modification. That certainly does not guarantee that the Court will grant one.

Just an update:

The good news is he showed up this time. The better news is he did get a reduction due to the daycare costs decreasing, but the court actually put him at a higher earning capacity than just minimum due to his previous trade experience.
So, CS was decreased a whopping $33 dollars a month since he now has an earning capacity, but child care is less. I'm happy! Needless to say he was not, plus he was asked to leave and threatened to have the sheriffs called to the room for his behavior.

Just an FYI, and I'll post this to the other poster that had questions on this...it was recorded once we met with the hearing officer, but not recorded when we met first with the DRO intake person.

 

[ldkuhns]

Glad to hear things went well.

On the other issue, I'm pretty sure that the other poster's county operates under a different rule than ours do. I think that's why his first hearing wasn't recorded.

Once again, glad you had a good day in PA!!!