so very frustrated in PA over child support

[PAFrustratedMom]

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

When my ex and I divorced, we agreed to a support amount and he signed that and it was filed in the county court system. He has been paying for 2 years directly to me, not thru domestics.

Now that we are both remarried, he has decided to pay me less, and for the last 4 months has paid me around $300/month less. I finally went to domestics and filed (so any arrears only go from the date filed).

I was wondering if Domestics will go by our agreement regardless of their calculator- he agreed to that amount, signed it, and it was filed. Or will they go by their calculator amount ?

Also, how do I go about getting the couple of months of under payment back from him ? It's NOT thru domestics, I heard thru the Prothonatary's office, but my atty thinks its not worth the costs...uugghh

thanks

 

[Silverplum]

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

When my ex and I divorced, we agreed to a support amount and he signed that and it was filed in the county court system. He has been paying for 2 years directly to me, not thru domestics.

Now that we are both remarried, he has decided to pay me less, and for the last 4 months has paid me around $300/month less. I finally went to domestics and filed (so any arrears only go from the date filed).

Okay.

I was wondering if Domestics will go by our agreement regardless of their calculator- he agreed to that amount, signed it, and it was filed. Or will they go by their calculator amount ?

He's obligated to the amount in the court order.

What are you talking about with "their calculator"?

Also, how do I go about getting the couple of months of under payment back from him ?

File for contempt in the court that issued the CS order.

It's NOT thru domestics, I heard thru the Prothonatary's office, but my atty thinks its not worth the costs...uugghh

thanks

You have an attorney? Listen to the attorney.

 

[mistoffolees]

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

When my ex and I divorced, we agreed to a support amount and he signed that and it was filed in the county court system. He has been paying for 2 years directly to me, not thru domestics.

Now that we are both remarried, he has decided to pay me less, and for the last 4 months has paid me around $300/month less. I finally went to domestics and filed (so any arrears only go from the date filed).

I was wondering if Domestics will go by our agreement regardless of their calculator- he agreed to that amount, signed it, and it was filed. Or will they go by their calculator amount ?

Also, how do I go about getting the couple of months of under payment back from him ? It's NOT thru domestics, I heard thru the Prothonatary's office, but my atty thinks its not worth the costs...uugghh

thanks

If it was filed through the court, it is a binding agreement - and they will have to go with that amount.

For the amount of underpayment that precedes your filing with Domestics, you would have to file for contempt. It's up to you as to whether it's worth the cost. If you have to retain an attorney, it might not be. OTOH, if you file for contempt on your own, it might be. Just make sure you have all the records - how much he paid each month.

 

[PAFrustratedMom]

Okay.


What are you talking about with "their calculator"?


.

I take my numbers, he takes his and they just a percentage formula (calculator) to figure out his monthly child support obligation.

 

[mistoffolees]

I take my numbers, he takes his and they just a percentage formula (calculator) to figure out his monthly child support obligation.

That's irrelevant if you have a court order.

What does your court order say with respect to support? Word for word, but without the names. THAT is the amount he should be paying. The fact that the state might calculate a different amount is totally meaningless - unless they go back to court to get the order changed. And they can't do that unilaterally.

 

[Zigner]

If our OP files for contempt over the $1,200 in question, the other party may request that the child support be recalculated. This may result in a lower amount.

OP really needs to ask herself if this is worth it.

 

[Silverplum]

If our OP files for contempt over the $1,200 in question, the other party may request that the child support be recalculated. This may result in a lower amount.

OP really needs to ask herself if this is worth it.

I think she also needs to analyze whether it is beneficial to be paying an attorney.

 

[PAFrustratedMom]

Thank You all for you input. I know I am stuck between a rock and a hard place, but thought asking wouldn't hurt any.

 

[mistoffolees]

Thank You all for you input. I know I am stuck between a rock and a hard place, but thought asking wouldn't hurt any.

If you really want help, you should answer the questions you've been asked. Such as telling us what the court order says about child support. Word for word, but without the names.

 

[PAFrustratedMom]

If you really want help, you should answer the questions you've been asked. Such as telling us what the court order says about child support. Word for word, but without the names.

Here is it :

Husband shall pay to wife child support in the sumer of $1400 per month, commencing immediately until the youngest minor child graduates high school. The parties stipulate and agree that said support payments are necessary for the support and mainenance the parties minor children and without the aforesaid support payments, wife will not have sufficient income from other assets or employment to support the children.

In the event husband fails to provide wife with the support payments referenced above, the parties acknowledge that wife shall have the right to file with Domestic Relations for said support.

Husband hereby agrees to pay one haf of the childrens childcare and or summer care costs.

 

[mistoffolees]

Here is it :

Husband shall pay to wife child support in the sumer of $1400 per month, commencing immediately until the youngest minor child graduates high school. The parties stipulate and agree that said support payments are necessary for the support and mainenance the parties minor children and without the aforesaid support payments, wife will not have sufficient income from other assets or employment to support the children.

In the event husband fails to provide wife with the support payments referenced above, the parties acknowledge that wife shall have the right to file with Domestic Relations for said support.

Husband hereby agrees to pay one haf of the childrens childcare and or summer care costs.

Then husband has to pay $1400 a month plus 1/2 of the child care and summer care costs. Pretty self-explanatory.

Take that to CSE and ask them to enforce it. They don't need a calculator.

Now, he can always request a modification. If he's paying more than guidelines, he can get FUTURE payments reduced, but not the past payments, so he still owes you the amount that he paid short. You can run the numbers to see what CSE would likely come up with before making a decision:
http://www.alllaw.com/calculators/Childsupport/Pennsylvania/

 

[PAFrustratedMom]

Then husband has to pay $1400 a month plus 1/2 of the child care and summer care costs. Pretty self-explanatory.

Take that to CSE and ask them to enforce it. They don't need a calculator.

Now, he can always request a modification. If he's paying more than guidelines, he can get FUTURE payments reduced, but not the past payments, so he still owes you the amount that he paid short. You can run the numbers to see what CSE would likely come up with before making a decision:
Pennsylvania Child Support Calculator - AllLaw.com

Well, it looks like via the calculator it says about $1062 a month, but our agreement is $1400. What the heck did I get the agreement and pay an attorney for if the agreement can be overruled by the states calculator... That makes NO sense to me !!
What is CSE? When I questioned Domestics about him being held accountable for the $1400/month as per the divorce decree, I was told they would use the calculator OVER our agreement ??!!! I was also informed he wouldnt be responsible for any underpaid monies before the date I filed with them.

 

[mistoffolees]

Well, it looks like via the calculator it says about $1062 a month, but our agreement is $1400. What the heck did I get the agreement and pay an attorney for if the agreement can be overruled by the states calculator... That makes NO sense to me !!

Child support is always modifiable as circumstances change. You got extra money for a while, so there's really no point in complaining now.

What I would do is file for contempt for his failure to pay the court ordered amount. He will then probably file to reduce the amount going forward, but he's not paying the full amount, anyway, so you're really not losing anything - and you'll collect the $1200 he owes you.

What is CSE? When I questioned Domestics about him being held accountable for the $1400/month as per the divorce decree, I was told they would use the calculator OVER our agreement ??!!! I was also informed he wouldnt be responsible for any underpaid monies before the date I filed with them.

Sorry, CSE is a generic term for Child Support Enforcement agency. It goes by different names in different states. It may be called 'Domestics' in your state.

CSE can not simply use a calculator and ignore your court order. What they CAN do is re-evaluate the situation if requested by one party. So apparently, your ex has asked for a review.

CSE can not charge him retroactively. But you have a court order and he's not paying - so file for contempt.

 

[LdiJ]

Well, it looks like via the calculator it says about $1062 a month, but our agreement is $1400. What the heck did I get the agreement and pay an attorney for if the agreement can be overruled by the states calculator... That makes NO sense to me !!
What is CSE? When I questioned Domestics about him being held accountable for the $1400/month as per the divorce decree, I was told they would use the calculator OVER our agreement ??!!! I was also informed he wouldnt be responsible for any underpaid monies before the date I filed with them.

You are really confusing yourself, and as a result you are getting inaccurate answers.

Your agreement is a COURT ORDER. The judge signed off on it as part of your divorce. Domestics (CSE or whatever you call it in PA) could simply enforce your existing order if neither one of you asks for a modification.

They likely think that you are asking them to SET a child support order, based on the language and wording your are using, when what you should be asking them is to ENFORCE an existing child support order.

I really think that you need an attorney because otherwise you are going to say the wrong thing to the wrong person and mess things up completely.

However, please do understand that child support is fluid and modifiable if income levels change.

 

[PAFrustratedMom]

I completely agree with how wording can be misunderstood in this situation, and my attorney unfortunately told me what I posted. I have to go to Domestics and let them figure it out- regardless of the Court order. I was like WTH ??!! I am going to look into Domestics "enforcing" it. That is probably the terminology I was looking for. He has NO change in his income level (the fact that he has remarried, and lives in a more expensive house has no bearing on me). I am making around the same money as when the order was made.