Child Support

Imputation Of Income For Child Support Order

Mar 01, 2016

In the New Jersey child support, family law case of Urban v. Green, 20-2-5497, App. Div., the defendant David Green appealed from an order fixing child support. He challenged factual assumptions made by the court regarding the imputation of income and the award of child-care costs to plaintiff Jessica Green, who was not working. Defendant […]

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The Full Amount Of Father’s Trust Distribution Should Not Be Included As Income For Child Support Purposes

Jan 21, 2016

In the child support, family law appellate case of Carl v. McNeil, PICS Case No. 15-1996 (Pa. Super. December 21, 2015) the Honorable Jack Panella, writing on behalf of the Pennsylvania Superior Court, ruled that the mother’s challenge to a court order affirming in part and “administratively remanding” master’s child support order was appeal-able as […]

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Child Support Reduction Denied-Decreased In Father’s Income Not Of Sufficient Duration To Establish Permanency

Jan 05, 2016

The case of Cronin v. Cronin, 20-2-8502, App. Div. is a family law, child support reduction case. In these appeals, calendared back-to-back and consolidated, the appellate reviewed a series of Family Part orders that denied two post-judgment motions filed by defendant William Cronin to reduce his alimony and child support obligations and determined that he […]

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Father’s Inheritance Provided A Basis For The Court To Deviate From The Guideline Support Calculation Father’s Earning Capacity

Dec 24, 2015

In the family law, child support appellate case of E.R.L. v. C.K.L., PICS Case No. 25-1599, (Pa. Super. Oct. 19, 2015) the Honorable Mary Jane Bowes, writing on behalf of the Pennsylvania Superior Court, ruled that pursuant to Pa.R.Civ.P. 1910.16-5, the trial court properly treated father’s inheritance as an asset that provided a basis to […]

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Inheritance Is Not Income When Calculating Support Obligations

Nov 09, 2015

In the family law, spousal support and child support case of Schader v. Schader, PICS Case No. 14-1318 (C.P. Delaware, Aug. 6, 2014) the Honorable Barry C. Dozor found that it had sufficient evidence of appellee’s income, did not incorrectly fail to consider how he paid his support obligation, and did not err in not […]

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Depreciation Expenses Should Not Be Included in Father’s Gross Income for Determining Child Support

Oct 28, 2015

In the family law, child support appellate case of S.L.W. v. S.R.W., PICS Case No. 14-1246, (Pa. Super. August 5, 2014), the Honorable Susan P. Gantman, President Judge, writing on behalf of the Pennsylvania Superior Court addressed the issue of whether depreciation and depletion expenses, permitted under federal income tax law, should be deducted from […]

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Child Support Payments Suspended During Period of Medical Disability

Oct 07, 2015

In the child support case of Gennock v. Gennock, PICS Case No 14-1345 (C.P. Lawrence, August 14, 2014) the Honorable John W. Hodge ruled in the appeal from the suspension of defendant’s child-support obligation, that the trial court had not abused its discretion in finding that defendant did not possess an earning capacity or in […]

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An 100 Percent Upward Deviation From Child Support Guidelines Not An Abuse Of Discretion

Aug 21, 2015

In the child support, family law case of J.P.D. v. W.E.D., PICS Case No. 15-0740 (Pa. Super. May 5, 2015) the Honorable Kate Ford Elliot, writing on behalf of the Pennsylvania Superior Court, ruled that a 100 percent upward deviation from the recommended guideline amount for child support to be paid by father did not […]

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Earnings Capacity Is Assessed At Higher Than Actual Income For Child Support

Aug 18, 2015

In the child support, family law case of Schmidt v. Schmidt, PICS Case No. 15-0814 (Pa. Super. May 21, 2015), the Honorable Paula Francisco Ott, writing on behalf of the Pennsylvania Superior Court, ruled that the trial court did not err or abuse its discretion in assigning father an earnings capacity higher than his actual […]

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Suspended Physician Denied An Award Of Alimony And An Increase In Child Support Based On A Change Of Circumstances

Jul 29, 2015

In the alimony, child support, family law/divorce case of Ackerman v. Freitag, App. Div. No. 20-2-7342, the Plaintiff appealed from an order that denied her unopposed motion for reconsideration of her request for an award of alimony based on changed circumstances, an increase in child support and reimbursement of child-related expenses. When the parties, both […]

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