BY: Robert B. George, Esq.
With the recent end of the 2015 tax year, it may be an opportune time to review your case if you are a party to a Support Action, whether as an Obligee – the one to whom a support obligation is owed, or the Obligor – the one who is responsible for paying support.
The reason for this is due to the fact that employers, as well as other entities from which one earned any income or other money that may be a basis for determining the total income an individual has available for purposes of calculating an appropriate support obligation, have or soon will be issuing year-end income information and related documentation which can be the best evidence of a person’s total income for the preceding year, as well as a good indicator of the gross income that he/she might expect to generate in the coming year.
Often times, a support obligation may be based entirely upon the most recent pay-stub that an individual provided to the other party and the Court at the time that the underlying support obligation was calculated, which may not include bonuses or commissions yet to be received, as well as other possible year-end incentives and remunerations which should be considered as additional income to that party for purposes of calculating the appropriate monthly support obligation.
As the Obligor, it is important that you have and review the total year-end income information for yourself as well as that for the other party to the caser as it may be that you are entitled to a reduction of your support obligation due to a decrease in your total income and/or an increase in the total income of the Obligee, as compared to that upon which the current obligation/order is based upon. Conversely, if you are the Obligee, it may be that you are entitled to an increase in the amount of support that you are receiving due to a decrease in your total income and/or an increase in the total income of the Obligor. While there are a number of other factors that must be considered when calculating a support obligation, the gross incomes of each party is always the starting point and probably the most important factor/variable.
If you are currently a party to a Support case and believe that you may be entitled to a modification – whether that be (i) an increase in the amount of support that you are receiving as the Obligee; or (ii) a decrease in the amount of support that you are required to pay as the Obligor, you should consult with an attorney who is experienced in the area of Support Law to determine, in the first instance, whether there is a sufficient basis to pursue a modification of your current support obligation.
The attorneys at DiOrio & Sereni, LLP are experienced and available to help you determine whether a modification of your current support obligation may be warranted at this time. Contact Robert B. George, Esquire at 610-565-5700, or send him an e-mail at [email protected].
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