Wednesday, August 03, 2005

support - recipient living in "3d world country" - no downward deviation

Nischal v. Nischal - Pa. Superior Court, July 14, 2005

http://www.courts.state.pa.us/OpPosting/Superior/out/a19029_05.pdf

Held, downward deviation from guidelines not appropriate just because recipient child lived in alleged "third world country" (India) where standard of living was much lower than in US and where guideline amount would make mother and child virtual "millionaires" in their native country. Trier of fact should not try to determine reasonable needs of a particular child. A court can't deviate from the guidelines on the grounds that the child doesn't need the amount prescribed in the
guidelines.


Donald Marritz, staff attorney
MidPenn Legal Services - Gettysburg

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