Legal Question in Disability Law in Pennsylvania

This is a disability issue, not child support so please be patient and read the entire question. Thank you.

Yesterday I was in court for a modification of my daughter's child support as my ex just got a job. The result was a disaster. It is unfathomable to me that my ex's net income is 400% greater than mine (I am on SSD), and at least 300% greater than when he was unemployed--yet his support payments remained unchanged. I do not see how I can remain in my home, yet I am still expected to provide my ex with all of daughter's clothing as well as the first $250 of Erin's out-of-pocket medical expenses. I am so angry at how unfair domestic relation's treatment of the disabled, and my attorney seemed to accept things as they are saying there is nothing that can be done.

Domestic Relations obviously discriminates against the disabled. They subject them to artificially high income assessments while these sick individuals wait (usually years) to obtain SSD or SSI. In reality these people have no earned income and then when they finally receive social security benefits they have accumulated tens of thousands of dollars of debt, receive no back child support even though it is now "proven" they could not produce (in past years) any earned income, and their future child support is cut in hal! The financial strain domestic relations places on these individuals aggravates their physical health and greatly contributes to the development of emotional and mental health issues. These people are in no position to advocate for themselves, and domestic relations takes advantage of this fact.

I would like to sue Domestic Relations for discriminating against the disabled. Do you know which court I would file in, and what type of attorney I would need? I have lost thousands of dollars I should have received because they discriminate against those who are unable to work.

Asked on 12/02/11, 11:59 am

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

I agree that the procedures and practices you describe are unfair. First, I would get a new lawyer and then see if you have grounds to appeal Domestic Relations decision to court. I don't do this kind of work, so I am not well versed in how domestic relations makes its determinations, but it sounds like you have special circumstances that go beyond whatever the charts they use come up with. Under the circumstances, i would try to find a lawyer whose practice is almost all domestic relations, and arrange a consultation. An honest lawyer won't charge you for an initial consultation, and will tell you truthfully whether or not he can help you..

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Answered on 12/02/11, 6:01 pm

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