My husband and I have joint legal custody and joint physical custody of our three children. We both live in Montgomery County. The children go to private school. Can I move without getting a court order?
Answer:
Pennsylvania uses guidelines to determine the presumptive amount of child support. However, the guidelines permit “deviations” from the presumptive amount of support under certain circumstances and mandates, such as the children’s reasonable needs in high-income cases. An experienced attorney at Shemtob Draganosky Taylor Stein, PC can offer the guidance you seek in figuring out how these rules apply to your situation.
Whether you have questions about petitioning for child support or how much you might be expected to pay, contact Shemtob Draganosky Taylor Stein, PC online or at (215) 544-3974 today.
The parent who cares for the child most of the time (the custodial parent) typically receives child support payments from the noncustodial parent. In cases of equal custody, the higher-earning spouse pays the lesser-earning spouse. Pennsylvania’s child support guidelines dictate the amount of support to be paid depending on both parents’ incomes and the number of children they are supporting.
To estimate the support amount based on Pennsylvania's child support guidelines, you will need the following information:
For child support purposes, gross income includes salaries, wages, bonuses, and commissions, as well as income from pensions and retirement plans. Income for unemployed parents may include Social Security benefits or workers’ compensation. Income may also include veteran's benefits, interest on investments, and rent from real estate property. A court can also impute income for parents willfully unemployed, attributing to that parent an earning capacity, an amount that the parent could earn, based on their education and employment history.
If you are searching for a child support attorney Montgomery County families trust, it is crucial to have a legal advocate who is familiar with both the statewide guidelines and how local courts, like the Montgomery County Court of Common Pleas, interpret and apply these rules. Attorneys at Shemtob Draganosky Taylor Stein, PC, understand the nuances that can make a significant difference in the outcome of your case, especially when complex incomes, blended families, or special needs are involved. We can help you understand your obligations and rights so that you feel confident making informed decisions regarding your child's financial support.
Contact our experienced Montgomery County child support lawyer at (215) 544-3974 to schedule a consultation.
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-544-3974 today!
Scenario:
My husband and I have joint legal custody and joint physical custody of our three children. We both live in Montgomery County. The children go to private school. Can I move without getting a court order?
Answer:
The question really is if it will interfere with his ability to have his custody. In other words, if the children are continuing in their same private school and the drive back and forth to school and to his house doesn’t change his ability to have custody, then you likely do not need court permission. However, if the distance between your new house and your old house would significantly impact his ability to spend his time with the children, then it may be considered a relocation. This is unlikely but is certainly something to consider.
Scenario:
The father of my children and I can’t agree on anything. We can’t agree on the color of the sky. He has brought me back to court at least five times on minor issues, such as whether or not our daughter's “Blankey“ should go back-and-forth between households and whether or not I need to send diapers to his house. Is there anything I can do to stop the financial bleeding in this case?
Answer:
Pennsylvania has just recently reinstated parenting coordination. It became effective on March 1, 2019. You can request that the court assign a parenting coordinator to address these kinds of issues. They will make decisions quickly, and it is much more cost-effective. A parenting coordinator has to be an attorney who has practiced family law for at least five years or a psychologist with a minimum of a master’s degree. In addition, either the psychologist or the attorney has to have significant training in parenting coordination.
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- Former Client
I was wary about my rights as a father with my children and concerned about having enough time with them during the week and for holidays and breaks from school. Your help in hammering out a very detailed and fair custody agreement was appreciated more tha- Former Client
Lori Shemtob and her associates were the perfect choice. Lori has the perfect demeanor to defuse any volatile situation.- Former Client
Cynthia’s practical knowledge of negotiation and the law helped me in a tense situation where my ex-husband did not want me to take the kids with me and then refused to pay any support.- Former Client
Following the guideline calculation, the judge can choose to deviate above or below the presumptive amount, depending on the following factors:
Keep in mind that an order for child support may be modified. If either parent shows a material and substantial change in circumstances, such as obtaining new employment or becoming unemployed, they may petition for the court to modify the child support payments.
Understanding when and how to seek a modification can be confusing. If you need advice from a Montgomery County Child Support Attorney, it is best to work with someone who understands both Pennsylvania law and the specific expectations of the local family law judges. Our attorneys can help you prepare the necessary documents and advocate for your interests if circumstances change or you believe a deviation is justified due to a significant shift in income or family needs. Each family's situation is unique, and timely legal counsel can make a significant difference in the outcome of your petition.