child support/alimony in PA.

[jimmyjames]

Im in Pennsylvania. Lehigh county is where i lived when all the documents where filed with domestic relations.i was married for 13 years and have 2 kids ( 9 & 14) my wife hasnt really worked in about 8-9 years so i was the breadwinnner, my questions here are. i have made just above 6 figures for the last 5 years , my payments agreements witht he domestics is for me to pay $696 a week, yeah a week. to my wife for spousal and child support.my base salary is around $65000.00 a year so all the difference comes from OT. now our company is starting to really ween out the OT plus i just dont really feel like working it anyway. why the hell do they base my payments on the OT i could work, is this correct of them to do this? when and how can i get the damn spousal support lowered? we went into this divorce with no lawyers, just a no fault preceeding ..please all advise on any help and info you can give...

 

[LdiJ]

Im in Pennsylvania. Lehigh county is where i lived when all the documents where filed with domestic relations.i was married for 13 years and have 2 kids ( 9 & 14) my wife hasnt really worked in about 8-9 years so i was the breadwinnner, my questions here are. i have made just above 6 figures for the last 5 years , my payments agreements witht he domestics is for me to pay $696 a week, yeah a week. to my wife for spousal and child support.my base salary is around $65000.00 a year so all the difference comes from OT. now our company is starting to really ween out the OT plus i just dont really feel like working it anyway. why the hell do they base my payments on the OT i could work, is this correct of them to do this? when and how can i get the damn spousal support lowered? we went into this divorce with no lawyers, just a no fault preceeding ..please all advise on any help and info you can give...

If you have the overtime available to you and choose not to work it, then yes, a judge could decide to imput that much income to you anyway.

 

[Bali Hai]

If you have the overtime available to you and choose not to work it, then yes, a judge could decide to imput that much income to you anyway.

What do you think about the posibility that if OP had a second job available to him and chose not to work it, would the judge impute that also?

How much OT would OP be working? Up to the point just before he dropped dead?

There needs to be a line drawn on what courts can and cannot do in these matters since there is a complete lack of common sense in the judicuary.

 

[ecmst12]

Is the real reason you want to work less overtime just so you can pay your ex less?

 

[Bali Hai]

Is the real reason you want to work less overtime just so you can pay your ex less?

Cars are built to be driven at the normal posted speed limit. Obeying the speed limit, the car will wear out after a certain number of miles are reached.

If you continually drive that car at twice the posted speed limit, it will wear out at a exponential rate.

Ordering someone work 80 per week instead of 40 will do the same thing to that persons body.

Get the picture, or you just plain don't care?

 

[ecmst12]

I didn't ask YOU, Bali.

 

[LdiJ]

What do you think about the posibility that if OP had a second job available to him and chose not to work it, would the judge impute that also?

How much OT would OP be working? Up to the point just before he dropped dead?

There needs to be a line drawn on what courts can and cannot do in these matters since there is a complete lack of common sense in the judicuary.

Bali...we are not talking about just alimony here. We are also talking about child support. You need to cool your jets.

 

[Bali Hai]

I didn't ask YOU, Bali.

I'm aware you didn't ask me ecmst.

 

[Bali Hai]

Bali...we are not talking about just alimony here. We are also talking about child support. You need to cool your jets.

Correct me if I'm mistaken, but, OP's question is specifically about lowering alimony isn't it? How much OT is the ex required by the court to work?

Thank you for your advice.

 

[jimmyjames]

i appreciate all the advice. and no the reason i dont want to work overtime is because it is killing my body. my ex new i didnt want to work OT for along time but she never went and got a job to help me financially , so i did what i had to to support the family.and now it has been months since out seperation and she still doesnt work, and why would she when i HAVE to work so much OT now just to keep up with these payments. as for the child support i still buy my kids what they need when they need it , no questions asked, that is and always will be my responsibility to take care of them.if i just stop working working OT al together that will immediatly but me in the rears and then eventually face jail im sure. which im not about to do and loose my job and screw up my future.

 

[Bali Hai]

i appreciate all the advice. and no the reason i dont want to work overtime is because it is killing my body. my ex new i didnt want to work OT for along time but she never went and got a job to help me financially , so i did what i had to to support the family.and now it has been months since out seperation and she still doesnt work, and why would she when i HAVE to work so much OT now just to keep up with these payments. as for the child support i still buy my kids what they need when they need it , no questions asked, that is and always will be my responsibility to take care of them.if i just stop working working OT al together that will immediatly but me in the rears and then eventually face jail im sure. which im not about to do and loose my job and screw up my future.

If you don't have an attorney, you need to get one ASAP.

 

[gr8rn]

i appreciate all the advice. and no the reason i dont want to work overtime is because it is killing my body. my ex new i didnt want to work OT for along time but she never went and got a job to help me financially , so i did what i had to to support the family.and now it has been months since out seperation and she still doesnt work, and why would she when i HAVE to work so much OT now just to keep up with these payments. as for the child support i still buy my kids what they need when they need it , no questions asked, that is and always will be my responsibility to take care of them.if i just stop working working OT al together that will immediatly but me in the rears and then eventually face jail im sure. which im not about to do and loose my job and screw up my future.

I am in PA and I am well qualified because I had to pay spousal support to my ex husband when we were separated. It is my understanding that Domestic relations does not look at overtime vs. base salary. They run the numbers and you pay accordingly. Now, you can stop working overtime, but expect to pay the same amount. Every three years you can request a reassessment. At that time you can supply current pay stubs and request that the payments be lowered based on your current work record. Be prepared to prove that there was not as much overtime available. If you can't prove that your situation has changed, they may continue to impute the higher income. Good luck. I'm with Bali, I think spousal support is a get rich quick scheme, and in many circumstances, is used to punish the breadwinner and there is no complaint department within Domestic relations.

 

[Tayla]

What does your decree say for alimony? If it was temporary ...then for how long? If she is able to work, then back to the courts you should go.
Since you make 65k, you could have afforded a lawyer to walk you thru the alimony and child support. Coming here after the fact seems futile.

Bali, I agree with you. Wish PA would as well.

 

[nextwife]

Bali...we are not talking about just alimony here. We are also talking about child support. You need to cool your jets.

And the CS would be difficult to collect from him if he has a stroke or heart attack form working so much. At some point, we all need to cut down on overtime and we cannot continue such a grueling schedule. I worked a lot of overtime for years also. Just can't do it anymore - and I'd sure hate to be locked into it, financially.

 

[Tayla]

Alimony = Funds to support the x-spouse
Child support= Funds to support the caregiver who has primary custody.

No matter how its sliced. Bottom line. The gent is supporting the x.
Argue all that is, it still comes down to one adult funding the lifestyle of another adult. We just like to politely toss in the word "child" support so there can be yet more financial aide given out ....it doesn't ever have to benefit the child but it sure does the caregiver.

Adult answer to the OP- Seek an attorney and gain guidance. Without the decree , its best to seek formal answers thru professional advisal.