spousal & child suppot

[wezzer32]

What is the name of your state? pennsylvania
I have a guestion..A very good friend of mine has been seperated from his wife since last december..he had a really good paying job and was ordered to pay 650.00 a month child support and 300.00 a month spousal support..he never made it to the court hearing because he had medical problems..since then his job has been temp..unavailable and is collecting unemployment and they are taking 1/2 of his check for his ex and daughter...guestion is do you think it would be hard for him to have it lowered...

 

[annefan1000]

Not difficult to do. He needs only to go to the Domestic Relations Section in the county which his support order is and file a Petition to Modify Child Support. The clerk there may even have a form that he can fill out, without assistance of an attorney. There will be a hearing scheduled before a support master. He may have to wait for the hearing for several months, depending on the county his support order was initiated in (Montgomery County tends to drag their heels in excess of six months). If and when the modification is entered, the order becomes retroactive to the date he filed his petition. So it's a wise thing for him to get there and file this document ASAP. He should be prepared at the hearing with documentation supporting his substantial decrease in income.

 

[wezzer32]

now she wants him to go buy her school clothes..i told him thats why he pays support.. i hate getting in the middle but we have to live to and he is to kind hearted

 

[annefan1000]

My suggestion:

File the Petition to Modify ASAP. Ignore the requests for additional monetary support, for whatever reason, and move forward. This gentleman has been paying child support and spousal support for several months, however, it might take him a bit longer than that to develop a tougher persona about the entire situation and someday his "kind heart" will turn harder. Incidentally, he can at least begin the proceedings for divorce in the meantime (if this is his ultimate desire) and look forward to the day that the spousal support terminates.

 

[wezzer32]

she filed for legal seperation back in december..but she called him and told him that the divorce should be final by october..his problem is that he still tells her everthing and i told him it is none of her business she has went on with her life but she still wants to control his..not if i have anything to do with it i understand they have a daughter together and its his responsability to support her...

 

[annefan1000]

Wait a minute. Are we talking about a divorce issue in the Commonwealth of Pennsylvania?

There is no such thing as "legal separation" here. (Yes, Halket, I do have firsthand legal knowledge where this issue is concerned ) Your friend ought to question the wife about this. Did anyone make service upon him with a divorce petition? If not, he IS being served a bunch of bold faced lies and he can pretty well assume that there is no movement whatsoever going on in the divorce realm.

Is there a fully executed custody agreement or a custody order in effect?

 

[wezzer32]

im not sure..see the day of the court hearing for support he tried to commit suicide and couldn't make it so what her and her lawyer asked for they got..he has no lawyer because he pays so much and cant afford one..it is out of leigh county..Oh i know he is getting screwed..his just paying for her high class living..but im trying to get it in his head that it will change ya know i got 22 dollars a week for 8 years to raise my son and she gets 650.00 for there daughter and plus 300.00 for herself i think it is a bunch of bull---- ...she treats him like a child and he falls for it

 

[annefan1000]

Then the only suggestion I can make is: if your friend has experienced a substantial loss in income, has been disabled or what have you, he should contact the Lehigh Valley Legal Aid Society to see if he can obtain an attorney to represent him (at no cost or very low cost).

Best wishes to your friend.