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-   -   Losing my mind (https://www.askmehelpdesk.com/showthread.php?t=240174)

  • Jul 21, 2008, 09:31 PM
    jgh5224
    Losing my mind
    First part of this is my net income is 1,551.72 allegheny county put me at 2,074.00 child supprt is 523.00 a month for my 19 year old and they never used my 16 year old that lives with me into this any where in the judgement against me,is this legal to make up any net income they want and not use my second child?second part is can I use this for a change of venue to get this transferred to the county I live in when I appeal this
  • Jul 22, 2008, 07:07 AM
    kevjbon
    jgh5224, it appears that you have an interjurisdictional case, meaning that you live in Florida, but your child support was directed out of Pennsylvania. Since you moved to Florida, the enforcement office on Congress avenue, south of Southern Blvd, near Gun Club Road just south of the Burger King is where you need to go. You give them your social security number and you talk to a consultant. Give them your info. But also ask for a supervisor. That is part one. Then you have to get in touch with the Palm Beach County Courts, Family Division. Sharon Bock is the administrator of the family division. You need to let them know what is going on. Also, you need to get in touch with Allegheny County courts (Family Division) and let them know what happened. You also can go to the Palm Beach County courtroom and go the self service area and schedule a half hour to 45 minute meeting with an attorney. The cost is $35 for this service. The attorney at the courts will have knowledge of Family Law. It appears that you need a modification of child support (which is done through the courts) and you also need an affidavit of how much child support you have actually paid to date.

    Keep in mind, Pennsylvania does not enforce any interest on late payments. Florida enforcement (Dept of Revenue) does not enforce this either. However is there was a judgement in Florida concerning any late payments with interest, then the judgement stands until you get it reversed. The interest compounds daily.

    I am not a lawyer, but I am a non-custodial parent from Pennsylvania (Allegheny County) and live in Palm Beach County. My kids are emancipated and I went through this first hand. Bottom line is that if you don't go after this problem yourself and demand information and become a nudge in doing so (by phone, registered mail, visits to Family Division Palm BeachCounty and visites to Dept of Revenue Child enforcement), you will not get the problem solved.

    By the way, the head of Family Division in Allegheny County is Patrick Quinn. Send him a registered letter telling him, of your complaint. He will have someone form Allegheny County Family division get in touch with you.
  • Jul 22, 2008, 07:27 AM
    ScottGem
    If the award was based on false info you can fight it. I suspect you have not had an attorney to represent you and that's why you have ended up on the short end of the stick.
  • Jul 22, 2008, 07:27 AM
    Fr_Chuck
    Just out of interest, how do you know where they lived, where they moved. You seem to know a lot of info not in the question. And the OP has not asked any other questions to be related ?
  • Jul 22, 2008, 07:31 AM
    JudyKayTee
    Quote:

    Originally Posted by jgh5224
    first part of this is my net income is 1,551.72 allegheny county put me at 2,074.00 child supprt is 523.00 a month for my 19 year old and they never used my 16 year old that lives with me into this any where in the judgement against me,is this legal to make up any net income they want and not use my second child?second part is can i use this for a change of venue to get this transferred to the county i live in when i appeal this



    Using the on line calculator and just your net salary, not counting in any other expenses such as medical insurance, the $523 figure is confusing. On a net of $1,551 it would be $381; on a net of $2,074 it would be $494 - but, as I said, this is not figuring in income of other parent, other expenses. Does the $523 amount include arrears?

    At the $2,074/$523 figure you're paying approximately 25%.

    I don't know how Pennsylvania operates - are you allowed to immediately file for a rehearing or do you have to wait a certain period?

    Depending on the circumstances and the distance you have to travel you "should" be able to transfer to another County but the Court will also take into consideration the circumstances of the other parent. Often one Court will not hear an "appeal" or attempt to change an Order issued by another Court.

    Where did the Court get the higher figure? They must have had some documentation - ? Did they use a year's income and then just divide it by 12 even though part of the income was perhaps a bonus you get at the end of the year, turned in vacation or sick time?
  • Jul 22, 2008, 08:48 AM
    N0help4u
    Pennsylvania does SEEM to go after dads for high amounts of child support.
  • Jul 22, 2008, 08:59 AM
    JudyKayTee
    Quote:

    Originally Posted by Fr_Chuck
    Just out of interest, how do you know where they lived, where they moved. You seem to know alot of info not in the question. And the OP has not asked any other questions to be related ?


    I was wondering the same thing - and I looked around and couldn't come up with an answer.
  • Jul 22, 2008, 09:15 AM
    erin7799
    My son's father had lived in Florida and we lived in Pa when I went for child support. He was told he only had to pay $45.00 a week and complained about that little bit of money. At the time I was paying $120 a week in childcare so I could work an $8 an hr job, pay car insurance, gas, living... He paid for 10 months then decided to stop and I've had a hard time getting anything from him since. I have a friend in the same town as I am in and the state of Pa makes him pay $180 a week. My brother had to pay $200 a week. Pa does get you for child support. I somehow got the "sh%t" end of the stick. Because he wasn't making a whole lot less than either my brother or my friend. He somehow got lucky.

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