Legal Question in Family Law in Pennsylvania
Order of Support Ammendment
Husband and I are expecting our first child. He currently pays $1000/month in support for his other 2 children. Understanding that his financial responsibility for his first two children does not diminish as a result of him expecting this third, is there anyway we could file to have the existing order ammended to be equitable to all three children.
After calculating all the childrens expenses and considering both parents incomes, my husband is covering almost 93%. He hasn't been to court since the original order was filed about 7 years ago.
Do the courts recognize additional offspring when calculating orders of support?
Thank you for your courtesies.
2 Answers from Attorneys
Re: Order of Support Ammendment
You can apply for the modification of the support order based on a change in circumstances. If the combined orders exceed 50% of you husband's net pay they would have to be modified. An analysis of your income and expenses would need to be completed before a detmination on how to proceed could be made.
Re: Order of Support Ammendment
The new child may be a basis for a recalculation. The court would do a multiple family calculation to see whether support for all three children would exceed 50% of his net income. If the order is 7 years old, another factor/concern would be each parties' change in in incomes since then as well as the fact that the support guidelines have been adjusted since 1998. Please call if want free consultation.
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