Montgomery County sports a population of over 800,00 residents. Serving its population is the Montgomery County Court of Common Pleas. The court's Domestic Relations branch handles all matters of Family Law, including child and spousal support. Determining support can be a complex issue, with many aspects to the process that can affect the outcome. There are several filings that must be done, and multiple stages to a support proceeding. Montgomery County offers several opportunities for a support case to settle before it reaches a judge's bench.
What To Expect In Court
Montgomery County has specific processes for filing. When you file a case in the county court, it will be assigned to one of six Family Court judges serving Montgomery County. Each of the judges has their own preferences on how a case should proceed. However, a majority of cases follow a general process.
Child Support
In order to for a parent to obtain child support, they must first apply for child support through the Domestic Relations division of the court. Child support cases will be determined by the process specific to the judge that the case has been assigned to, however, one thing remains true for each judge: the court says that the net income of each parent bears the heaviest weight on child support determinations. On top of this, both parents are expected to provide at least some degree of financial support for their children. All cases involving child support must begin with an "intake interview" in order to determine the validity of a case. From this point, once a support complaint is filed, and the participant is interviewed, both parties may be asked to attend a conference, where child support amounts are discussed. The goal of the conferences is to allow the parties to reach an agreement without necessitating a hearing or judge's direct involvement. If an agreement cannot be reached, a hearing will be held.
Spousal Support
Support and division of property are typically worked out during a divorce proceedings period. Both of these processes can be both complex and emotional for all parties involved. Much like child support, cases involving spousal support will be heard and determined by the preference of the judge overseeing the case. Once, more, the party seeking to file a spousal support complaint must do so at Domestic Relations, and participate in an interview for consideration. Next, the matter will proceed to the conference level, and if it cannot be resolved at this state, eventually a hearing.
Normally most cases will be structured in a way that involves a conference that attempts to settle the matter before the case reaches the judge. Your legal counsel is usually able to at the very least coach you through conferences, and may even be able to attend conferences as well.
If you or a loved on is currently undergoing child or spousal support proceedings, or other matters of Family Law, contact attorney Joseph D. Lento today.
