Family Law (Divorce, Family Relations)/divorce & child support
Hello, My question doesn't involve me personally but was brought up in conversation in reference to someone else. Here we go: a married couple and the wife decides to pack up the children and leave the home, no domestic violence related issues but just because. She leaves the majority of her belongs and personal effects and moves children out of state with relatives. Doing the time divorce papers are filed and a petition for child support. Keep in mind the parents are amicable and father just visitation and is paying for the support of his children without court order. Now when the support hearing happens the mother does a couple 360 degree turn. The mother is requesting $1200 per month for 2- children. Both children attend public school in out of state suburban neighborhood, no extra- curriculum activities and also reside with family member now going on 2- yrs. the mothers base salary is more than the father by approximately 12,000 more a year. Explain to me how this is possible when the ratio is suppose to be the amount if both parent reside in the home? Moving forward the couple is still married 2- years later and divorce proceeding continues. The wife left the home by choice but has not contributed to the mortgage or other financial responsibilities relating to the marriage, Question is the abandonment and is it acknowledged in Philadelphia and why was this not taken in to consideration with the child support payments. Now this father has to now maintain the marital expenses I.e. Mortgage, accrued debt and Childs support. Please help give a better understanding. Thank you in Advanced!!!!
DISCLAIMER: I AM NOT AN ATTORNEY: I am someone with experience with Family law matters, and can give some directions of what I would do but these are my opinions: I strongly recommend that you get an ATTORNEY who specializes in family law in your immediate county/country.
First Case: If Mother is making more than Dad, then Dad would need to file a financial disclosure so that Mom would have to show the courts her earned income which in this case is 12,000 more a year than father; Courts would that percentage difference and most likely reduce fathers child support payments based on a Court formula used in Family law. If father does nothing, then the courts can only assume 50/50 so child support would not change. RATIO is NOT both parents ie if mother marries again and Dad does not the ratio is only based on Mom and Dad income not new spouse(s) if any.
Second part: The personal property obtained during the marriage is 50/50 split as far as responsibilities either by amicable means or during the final divorce the court will award the amounts due and assign responsibility: Child support and Personal property obtained during marriage TWO separate issues AND personal property issues mentioned cannot be considered during the awarding or calculation of child support, sorry. Abandonment not an issue because it will be settled during final divorce.
Hope this helps