Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My question is: The two children I have custody of I do not receive support for them, because their father is incarcerated at a State Correctional Institution for the next 15 years.
PA, the state I reside in will not take into consideration that I pay support for two other children and do not receive support for the two at home. I have been through the local courts and no one will give me any answers as to what to do in this situation.
At the present time I am about ready to lose my children to the state welfare system and they will be placed into foster care because I do not have enough money after paying $520.00 a month in child support to take care of them.
I am very frustrated with this matter, and hopefully you could give me some insight?”
Question: In California we have “hardship” deductions for support of children in cases other than the one at hand, and we put that number into a computer. Pennsylvania Civil Procedure Rule 1910.16-5. Support Guidelines. Deviation. Section 2(b) would allow for a deviation based on other support obligations. Since the Court would have to write out its reasons for any deviaiton, it’s probably a safe bet that your position needs to be presented to the Court pretty clearly to enable it to come to the conclusion you seek. Maybe your ex would agree to a stipulation to reduce support, or you probably need the assistance of counsel.
