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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42851
Experience:  30 years as a family law lawyer .
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I have a question about child support, Pennsylvania, we have

Customer Question

I have a question about child support
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Pennsylvania
JA: Has anything been filed or reported?
Customer: we have a hearing set for May 31
JA: Anything else you want the lawyer to know before I connect you?
Customer: There are extenuating circumstances, he received a large settlement and is not reporting his income.
Submitted: 5 months ago.
Category: Family Law
Expert:  RayAnswers replied 5 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Customer: replied 5 months ago.
Our history is kind of long and mostly cordial. No major issues for over 13 years, just 2 parents being normal. Is the history taken into consideration? Past payments to and from both parents? Or is determining support a strictly by the numbers thing?
Customer: replied 5 months ago.
At the moment, typing is easier for me
Expert:  RayAnswers replied 5 months ago.

So here he in under reporting his income, you can make him out to be lying here.That hurts his credibility and helps yours.You can seek any financial records through subpoena duces tecum on him for settlement documents, tax returns, etc.Get the subpoena forms from the clerk and serve it on him here.You have the right idea to seek fair child support based on his honest income and financial records.

Expert:  RayAnswers replied 5 months ago.

Child support is mostly a numbers thing, judges hate people who understand, if you can catch him lying here, the court may well raise his support substantially.

I appreciate the chance to help you .Thanks for your patience, let me know if you have more.

Thanks again .

If you can positive rate 5 stars it is much appreciated.

Customer: replied 5 months ago.
Duces tecum???What about our past history - cordial, and past support - enough for daycare? Will that be considered?
Customer: replied 5 months ago.
No, it's not his support. He is suing me for support.
Expert:  RayAnswers replied 5 months ago.

Subpoena DucesTecum if you need him and his finacial records brought to court.And yes if you paid supprot in the past it will be considered, also if he has settlement he hasn't disclosed to the court that helps you too.He is not being honest about his income and resources and therefore need for less support.You can raise these issues in such a proceeding.It might lower the amount you have to pay because he has more than he wants the court to know about here.

Customer: replied 5 months ago.
What about the amount that the judge says is needed to support our son? Can I argue that? I KNOW for a fact his bills won't go up $500 a month by having custody...
Expert:  RayAnswers replied 5 months ago.

Yes you can do so, thats a legitimate argument to make here.The judge may well agree.

Customer: replied 5 months ago.
is $0 in support a possibility? If I pay, I'd rather it go into an account for our son, like an IRA, UGMA or a 529. Would this be possible?
Expert:  RayAnswers replied 5 months ago.

Yes zero is a possibility or greatly reduced amount here.He may get way less or nothing from what he is asking for.

I wish you the best here, you have some real good arguments to make.

Customer: replied 5 months ago.
Should I have a lawyer with me to make the arguments? Will it have more/less impact coming from a lay-person? I don't want to come across as bitchy, greedy or not wanting to support my child. I only want what's fair.
Expert:  RayAnswers replied 5 months ago.

Honestly you look better poor and without counsel in such a proceeding.If you can afford a lawyer they say you can afford to pay.Looking poor here is good thing overall.

Thanks again and the best here.