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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5767
Experience:  20 years of professional experience
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My ex has been paying child support based on a mutual agreement

Customer Question

My ex has been paying child support based on a mutual agreement for approximately 5years now, recently he has been refusing to pay what we had agreed upon. If I take him to court will his payments be based on my salary or how my kids lived prior to the divorce on two salaries? He is "self employed" and although his 1099 states he made $250,000 after all his bullshit deductions he claims he made about 30,000...he says I will lose out...and I don't have the money to take him to court without burdening myself and kids if there is a chance I will lose
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
http://www.pacode.com/secure%2Fdata/231/chapter1910/s1910.16-1.html
At the link above you will find the PA laws on what factors are considered by the court in awarding child support.
The support guidelines indicate that the amount of support which a parent should pay is based on both parent's net monthly incomes as defined in Rule 1910.16-2 AND ALSO the number of persons being supported.
http://www.pacode.com/secure%2Fdata/231/chapter1910/s1910.16-2.html
At the link above is 1910.16-2 which says net monthly income is to be used.
https://www.humanservices.state.pa.us/csws/csws_controller.aspx?PageId=csws/support_estimator_overview.ascx&Preference=Desktop&Owner=Client
At the link above is a PA child support estimator program that you can use to see if going to court would be worth your while. If the numbers come out higher than what the two of you agreed to, you may want to show the results to him and he may opt to start paying you the agreed amounts without your having to go to court or do much else.
23 Pa.C.S.A. §4351 authorizes attorney fees in support matters to the prevailing recipient of support. So, if push comes to shove, do not hesitate to hire a family law attorney to help you as the attorney can collect his fees from the father.
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