Long story short version... I'm traveling out of state with my husband, whose employer requires this of his job. My children, who are 12 and 17 years old currently live with their father in Pennsylvania. We received notice that he is taking me to court for Child support and is also claiming He over paid me for Child support, in the amount of $1,900.00. The first heaing was by phone, because of residing out of state. I sent in my 2017 tax return as requested. I am not currently working and have not worked since we left the state, which was about a year ago. I have not looked for employment for several reasons. I have been aa Registered Nurse for over 22 years and quiet frankly, I'm burned out. Second, my husband and I haven't had a permanent place of residence, because his job requires travel. Third, we have no transportation and there is no public transportation where we are currently staying. My husband supports me financially. So I sent in the requested documents they asked for the telephone hearing. The domestic relations person asks me if I have looked for a job, and asks if I know how much a nursing license cost in the state in which I'm currently living in. I say no I do not and no I didn't plan on continuing as a nurse in the future. She asks how long I've been in the state, I tell her two months, she says, that's long enough to find a job etc... I explain, the required traveling and no transportation etc... She states, I am physically and mentally capable of working, assessess the amount of child support I should pay based on my tax return from 2016, NOT the one I sent in from 2017. Which, I don't know how she even obtained and assessess the payments as almost $900.00 a month . Also, because he claims he over paid me support for three months, the $ 1900.00 is added into that. We don't have a Custody Agreement and he didn't officially stop the support he was paying me until November. I received One over payment because it of an overlap in him filling to stop and when I received the last payment. I state I don't agree, she puts in a request for a formal hearing before a Judge. The hearing before the judge is scheduled in a month from now. I am expected to pay the $ 900 in the mean time. Im not trying to get out of paying him support. However, I don't know how I can afford to pay this amount. Ii am worried that I'm in contempt of court and when we drive to pick up the children for visitation, that he will have me arrested for not paying. Am I in contempt of court, even though the official hearing is scheduled in a month? Do I have to pay him what he claims I owe, even though he didn't officially stop his support payments and I only received one over payment? Can I just find any job, even if it only pays minimum wage and they base the child support on that job? I'm so scared I'm gonna go to jail. I just want to see my children and I'm worried. Also, I don't have a lawyer. Should I find one in my state or Pennsylvania? I am open to any advice or suggestions that anyone could help with? Thank you.
Am I in contempt??
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Hi,
Legal Beagles is a U.K. based forum so unfortunately it's unlikely many will be able to assist with US law.#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
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