In Pennsylvania, once parties separate from the same household certain rights are triggered including the right to child support. The amount of child support is determined by the Pennsylvania Child Support Guidelines using the parents’ combined net monthly incomes. The right of the child to support shall continue until the child reaches age eighteen or graduates from high school whichever occurs later.
One caveat is that child support may continue beyond the normal termination dates if the child is disabled. There are many factors that are important to the calculation of child support including health insurance costs, the custody schedule, taxes, child care costs and other extra child related expenses.
You may also need the assistance of a child support lawyer when your spouse or the other parent has a complex income structure. Total income might not be as simple to determine from looking at a paycheck or even a tax return. This is especially the case where the parent owns his or her own business or is a manager at a publically traded company. In addition, there may be special circumstances in your case that may allow for an increase or decrease in guideline support. For example, you may be entitled to additional support if your spouse or the other parent has the child less than 30% of the time.
Consider meeting with a child support lawyer to get more information on your rights and responsibilities concerning supporting your children. It is also important to review your child support order periodically since child support is always modifiable based upon a change in circumstances, such as an increase or decrease in income, a change in the custody schedule, or a change in state law. Astor Weiss has a large Family Law Department with lawyers who are experienced in the area of child support to assist you.
OBTAINING LEGAL PROTECTION FROM DOMESTIC ABUSE WITH OUR FAMILY LAW ATTORNEYS
At Astor Weiss Kaplan & Mandel, LLP, our family law attorneys can guide you through the process of obtaining a protection order when faced with domestic abuse. An individual who has been subjected to domestic abuse can file for a protection from abuse order, with the requirement that the abuse must occur between family or household members, sexual or intimate partners or persons who share biological parenthood.
What Constitutes Abuse?
In situations of domestic abuse, the abuse need not be physical, but if it is not physical, it needs to place the individual in fear of immediate serious bodily injury. The infliction of emotional abuse is not sufficient to obtain a protection from abuse order. Having our experienced family law attorneys at your side during these situations will help you understand what types of abuse are considered by the courts and the legal process to obtain protection against domestic abuse.
An individual who has been abused should go to the county court where the abuse occurred and file a petition for a protection from abuse order. County courts usually provide form petitions and often have staff available to assist individuals in filling out the petition. Once the petition is filed, the court will schedule an emergency hearing to determine if a temporary protection from abuse order should be entered. That hearing is usually held the same day as the petition is filed.
The court will review the contents of the petition and a Judge may speak with the individual filing the petition. The court will not speak with the individual against whom the allegations are made at this time. The Judge will then decide whether or not to grant a temporary protection from abuse order. At the same time, the Court will schedule a hearing on the petition to determine whether a final protection from abuse order should be entered. The hearing must be scheduled within 10 business days of the filing of the petition.
Relief available under the Protections from Abuse Statute
The Protection from Abuse statute gives the Court the authority to order several things. First and foremost, the Court will order that the offender shall not abuse, stalk, harass or come near the individual. The order can also evict the offender from the residence of the petitioner. Furthermore, the order can temporarily address issues regarding children, such as child support and child custody, as well as require the offender to surrender any weapons and ammunition that were used in the abuse incident.
For legal assistance, contact our family law attorneys at any of our locations in Wayne, Bala Cynwyd, Haddonfield, and Philadelphia. We also have other family law services that may be relevant to your needs.