Support Appeal

[funnybabyboy200]

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

Synopsis:

I filed for support in November. We had our conference in January, and a support order was put in place. My ex appealed it, and we just had the appeal hearing today. He says that I'm not reporting my income accurately. So we went through all of my income, and all of my child related expenses like childcare & health insurance. All of my W2's, tax returns, pay stubs, childcare contract, etc, were entered as exhibits.

I guess now we have to wait on the court's decision.

This is costing me so much money. This hearing ALONE cost me about $600 in attny fees. The support order isn't even $400/month. The order is for $377, and he keeps offering me $190. My ex told me in the hallway after the hearing that's he going to keep appealing until he gets what he wants, or I agree to lower it.

Can he just continue to appeal? If so, can I request the court order him to pay my attorney fees if his appeals are without grounds? I am reporting my income correcting. I'm not hiding anything.

 

[Silverplum]

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

Synopsis:

I filed for support in November. We had our conference in January, and a support order was put in place. My ex appealed it, and we just had the appeal hearing today. He says that I'm not reporting my income accurately. So we went through all of my income, and all of my child related expenses like childcare & health insurance. All of my W2's, tax returns, pay stubs, childcare contract, etc, were entered as exhibits.

I guess now we have to wait on the court's decision.

This is costing me so much money. This hearing ALONE cost me about $600 in attny fees. The support order isn't even $400/month. The order is for $377, and he keeps offering me $190. My ex told me in the hallway after the hearing that's he going to keep appealing until he gets what he wants, or I agree to lower it.

Can he just continue to appeal? If so, can I request the court order him to pay my attorney fees if his appeals are without grounds? I am reporting my income correcting. I'm not hiding anything.

Why are you using an attorney for a CS hearing?

The numbers are the numbers, and an attorney isn't worth the money for that stuff, IMO.

 

[TinkerBelleLuvr]

Especially because you are using an attorney, if there are any further appeals, have the attorney request that your X pay any further attorney fees. Once it his HIM in HIS pockets, it may get him to stop.

Chances are that this is his last appeal though.

 

[funnybabyboy200]

I didn't take my attorney to the initial conference, but she said she felt she should come to the appeal. I really don't think she's just trying to bill me to death. Do you disagree? My ex has been extremely difficult, & I am not a legal expert.

If he continues to appeal, can I request he pay attorney fees? If there's one thing I know about this man, it's that he is tenacious. He isn't going to give up unless he's given an immediate financial incentive.

 

[nextwife]

So, what IS his income? Are there other CS orders and were they properly addresssed? Is there unreliable overtime calculated into the order? Or other non earned income that may be addressed wrong? Is imputed income involved?

What is in question?

 

[funnybabyboy200]

His income is SSDI, so it's a flat amount, monthly. He does not pay child support for any other children.

He has money coming in from student loans, but it isn't counted as income.

There is no overtime for either party.

No imputed income.

He claims that I am hiding income. He says that I am friends with the personnel manager at my employer and that they are fabricating pay stubs for me. Which I guess could be possible for someone to do, however, I provided my tax returns & W2's. I work for a Fortune 500 company, we're not using Quickbooks in the backroom to generate payroll. My financials are correct.

He claimed that I am receiving support for my older child, which I do not, and is apparently irrelevant anyway.

There has been a change since the initial support conference in January. In February, he had a hearing before a master in regards to the custody of his three older children. This is complicated. When he and his ex-wife divorced, they agreed to 50/50, and that is what the custody order reflected. However, CYS became involved in 2008, and they ordered supervised visitation with his older children. Supervised visitation at a government agency for 1 hour per week. The CYS case remained open for 2 years, at which time they closed the case & in the closing notes it states that visitation with the father is "at the mother's discretion". She really should have filed for a modification, but she didn't, and up until February 2012, they both operated under the notion that he could have the children when she allowed him to, which was every other weekend. He filed for a modification in November of 2011, and upon their arrival before the custody master in February, they were informed that the original custody order still stands, and they are to resume 50/50. So now he has his older children 50% of the time. I understand that that will have an impact on the support he pays for our child. I've read about it, and can't really find any info on it. There is information about children born after, but not too much about older children. Does that make sense?

 

[nextwife]

Are you getting Dependent benefits on his SSDI record? Those are usually treated as a replacment for Child Support and counted as being "in lieu of". They often just replace child support.

If I BORROW money via a loan, it is a debt, not income.

 

[TheGeekess]

Are you getting Dependent benefits on his SSDI record? Those are usually treated as a replacment for Child Support and counted as being "in lieu of". They often just replace child support.

If I BORROW money via a loan, it is a debt, not income.

It doesn't happen automagically. One has to file with the court to have it considered as CS.

 

[nextwife]

It doesn't happen automagically. One has to file with the court to have it considered as CS.

Didn't say it was, but that may be why his numbers came out lower than what the Poster wanted. It makes sense to treat it thus, after all the able bodied parent is considered physically able to potentially increase their income while the disabled parent is not, and the SSDI is really intended for them to live on, that's why there are additional dependents benefits.

 

[funnybabyboy200]

The SS derivative is added to our combined incomes, and the whole amount is subtracted from the combined support amount before that amount is assigned by percentage to each parent. I actually looked that up in the law library before our initial support conference. That applies is the custodial parent receives the derivative benefit. I forget the exact wording...Rules of Civil Procedure 1910.16-1(b)

I am not really unhappy with the support amount. He is.

 

[meanyjack]

My ex told me in the hallway after the hearing that's he going to keep appealing until he gets what he wants, or I agree to lower it.

And did he say what his next move will be when he will not get what he wants -- because he's going to find out he can't keep appealing something "just because he doesn't like it."

 

[funnybabyboy200]

Meanyjack, no he didn't, but if I had to guess about his next move, it would be to continually chase primary or 50/50 custody. We are scheduled for custody pre-trial next week.

 

[CJane]

Didn't say it was, but that may be why his numbers came out lower than what the Poster wanted.

His numbers aren't 'lower than the poster wanted' -- they're lower than what was ORDERED.

 

[funnybabyboy200]

Hold the phone! Dad just called & said he wants to drop the exceptions to the court custody recommendation, not go to trial, and...reduce his support by 50%.

 

[tuffbrk]

Yeah, well I want a BMW and my old job back.

From what I understood, you are awaiting the court's decison. It's a little late now for him to try strong arm negotiation tactics. It will be whatever the court order says it will be.