Dear Paul, My name is XXXXX XXXXX X am a Pennsylvania Licensed, Practicing Attorney and I will be assisting you today.
1. Did I understand you correctly, that you gave your ex $10,000 of your settlement money ?
2. Was that amount in addition to what your lawyer paid her "off the top" to bring you current on your child support ?
it is just the total amount to date .i owed about 2000 in rears at the time ( june 7 of 2012) ..my lawyer said they would catch it up to date..then they would just take that amount plus their fee of 20% out of my total settlement. Then for the last year im still paying my child sppt as if i was still working ..which would be 170 a week, Times that by 52 weeks in a year is $8840.00 add that with the 2000.00 in rears. comes to $10.840.00 plus its almost july so their another month at 736.00 on top of that. domestic has not been real friendly to me. they make me feel like im a criminal .very depressed .
Hi, again, Paul, Don't worry, nobody can take anything away from you that you do not have.
Ideally, when you stopped working because of your back injury, you should have filed a Petition to Modify Child Support based on your reduced earnings. But that is water under the bridge. Since you are still not working, you can file the Petition to Modify now, but it will only be retroactive from the date you file your Petition to Modify, not from the date you became disabled. You do not need an Attorney to do this. The Clerk has a Form of a Petition to Modify which you will fill out and return to the Clerk and you will be given a hearing date. At the hearing, simply tell the Support Master what your situation is. Tell the truth about the settlement you received and say exactly what you said here - that you set aside some money for your back surgery, that you needed a car to get around, that you had borrowed money from family and friends and had to repay it from the settlement, some went to pay your child support arrears, some went to pay for your lawyer, etc.,
Ordinarily, when the parent who is paying the child support is injured, then receives a settlement, they want the parent to share some of the settlement money with his children as if he was still living with their mother, but that is not always the case when the parent is using the money for his injuries and for the things you used the money. So, do not worry and do not overthink this. Just go in, file your Motion to Modify and get your child support amount reduced,
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