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Child Support


Even if you've managed to avoid having a difficult custody battle, things can still get ugly after your divorce. Believe it or not, child support is often the worst struggle. We hear it every day: "My ex isn't making the child support payments that the judge ordered." It doesn't seem like rocket science. If someone has a child, you would hope they would want to support their child, and help the primary caregiver. Regardless of what someone wants or doesn't want to do, not paying child support is a violation of law. We think to ourselves: We can't make someone do something they don't want to. But with legal support you can, and you will.

Child Support Guidelines: Legally, child support is a simple formula based on the amount of time a parent spends with their child, and the amount of money a parent is earning. Since 1989, each state has adopted a set of child support guidelines. They are rules for child support that a non-custodial parent (the non-primary caregiver) must follow. Pennsylvania Guidelines: 231 is the code rule for child support guidelines in Pennsylvania. If the non-custodial parent is spending more than 40% of time with their child, that parent will always be paying less than the non-custodial parent (who is spending less than 40% of time with their child). Let's say a mother is the primary caregiver of two children, and her monthly income is $2,000. The father's monthly income is $3,000. The basic amount of money that should be given to the mother by the father would be $1,369. The father should be supporting the mother with $821 per month.


Excuses And Exceptions: People make up many excuses for not paying child support. But the reason is usually irresponsibility. Below are some of the most common excuses for not paying, and the very few legal exceptions. "I was never married to my child's father." * It doesn't matter if you were married for 10 years, or knew each other less than 10 hours. If the DNA is a match, you are entitled for full child support payments. "My ex can't afford it." * With the current economy, your former partner might be having financial difficulties, and have trouble affording child support. But that's not your problem. The judge will put a hold on the payments, and when the non-custodial parent finds work again he/she will have to pay a debt. The non-custodial parent is incarcerated. * If the non-custodial parent is in jail he/she cannot pay until they are released. However, they will also have a debt. Often, the judge will reduce the amount of money depending on the sentence. * Being sentenced to life in prison or suffering from severe illness are the only two exceptions for having child support dismissed. Why is not paying child support violation of the law? Not paying child support is a form of child neglect. In American Law, child neglect is child abuse. If you are being denied child support, both you and your child/children are being abused. Like that 1995 catch phrase, "If it doesn't fit, you must acquit" Well, if it's a match for DNA you must pay.

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Davis & Davis Attorneys At Law

107 East Main St.
Uniontown, PA 15401

Phone: 724-437-2799
Fax: 724-437-2035
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113 Thorton Road
Brownsville, PA 15417

Phone: 724-437-2799
Phone: 724-785-7733
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Davis & Davis Attorneys at Law

Davis & Davis Attorneys At Law