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What about Pennsylvania child support?


I currently pay child support for my 3 year old daughter here in Florida where I work. It has come to my attention I may have a nine year old son in Pennsylvania. If I am found to be the father and have to pay back support, but I am currently in bankruptcy, what can I expect to happen? Also, will they base it upon my income when the child was born as to what I was to pay for the last nine years? What will happen to the support of my daughter? Can Pa. intercede a Fl case and overrule them?

That's my point though, after all my expenses not including what will be in my bankruptcy, I have a negative income. I work full time but don't make much money. I understand they will take a percentage, but even 50% of zero is still zero. The only money extra is what goes to my daughter, so will they take a percentage of that? Which means interceding. Or would they make a claim of say $200 for this child and a recommendation for me to go back to court in Florida to lower this support arrangement?

Yeah, it does sound complicated, but it really isn't. Let me explain.

Okay, the 9 year old is in PA. So yes, as you have already discovered PA is going after you. And, everything that concerns this case over the 9 year old will follow all PA laws, since that is the state that holds that particular order. It's just that FL is enforcing it for them. PA CANNOT modify a FL order, or vice versa. So nothing will happen to your 3 year olds support amount just because of this new support order, the only negative effect that this may have is that you may not have enough money to make a full payment on both orders at times and you will end up with arrearage on one or both orders. All states give allowances for other children you have, whether they live with you or you pay support for them too. Since you will be following PA laws to figure up what you have to pay for the 9 year old, PA uses an incomes shared model. Meaning they will look at both you and mom's incomes and allowable deductions. Child support you pay to someone else is an allowable deduction. They will only look at your income/deductions for NOW, not then. They may look at the past 3 years of tax returns to establish a pattern if need be, but no further back than that. How far back they make you pay for, whether it is all the way back to birth, just when the court papers were filed, or for some other amount of years inbetween, it is completely up to the court in PA. Some states will only allow you to go back x amount of years, others leave it up to the judge, & in PA it is up to the judge. I had a friend in a similar case. He lives in OH, and orignally so did the mom, but she moved to Alaska way back in 1998. He never knew he had a child with this woman, they broke up around the time she got pregnant in 1994. He wasn't on the birth certificate, never even saw the child. She waited until the child was 10 to ask for child support from Alaska, and you guessed it 10 years of back support. After DNA testing the child was his, and my friend went to court without an attorney. When the issue of back support came up he said "I didn't even know I had a son, I've never even seen a picture of him, let alone spent time with him, I wasn't on the birth certificate, basically I didn't even know he existed until now. Why did she wait so long to tell me?" Well the judge agreed with my friend. The judge determined that he wasn't trying to get out of anything, and that had he know sooner, he would have paid sooner, it would have been unfair to penalize him further now (since he was already robbed of a relationship with his son for the first 10 years) & the judge really said she should have filed for child support sooner. In my friends case the back support was ordered only back to the date that the court papers were filed in 2003, and to continue until 18. And no, he still doesn't get to see his son, as she is still in Alaska. It took months of arguing with her, just to get her to send him a picture. Sorry for rambling. Here is a good link for a brief overview of the child support laws in PA, that may be able to help you further. You can also go "back to the map" if you want to look at FL's as well.

http://ocse.acf.hhs.gov/ext/irg/sps/repo...

Strive and make a new world order for change.

Pa will run a seperate action; you'll be hit for a percentage of your income after all your expenses and other support are weighed agains the other parents; and it will run back to day 1 of the child's life

Nothing to overrule; you sire, you pay.

Child Support is not included in a bankruptcy case. Just like taxes. You will have two child support cases against you and be responsible for both. Some areas charge back support while others only use figures from the date of the finding (court). There will be no interceding, it will be a seperate case.

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Information on URESA(uniform child support enforcement)
http://en.wikipedia.org/wiki/Uniform_Rec...

Pennsylvania Statutes on Child support
http://www.pacode.com/secure/data/231/ch...
direct link to how pa calculates support
http://www.pacode.com/secure/data/231/ch...
direct link to child support chart/schedule
http://www.pacode.com/secure/data/231/ch...

Bankruptcy is irrelevant when it comes to child support, sorry. They will use your income and the custodial parents income.

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