Child Support in Pennsylvania

Child Support Laws in Pennsylvania

Child support is a court-ordered monetary payment made to a parent to assist with the expenses of raising a child. Child support is usually ordered when two parents, whether separated or divorced, are no longer living together. The objective of child support is to ensure that a child receives enough financial help from both parents following a divorce in Pennsylvania. Child support may be awarded even if a parent has no contact with the child, except if that parent has formally terminated parental rights with the consent of the court and the other parent. In such a case, parental rights will be terminated only if another person, such as a stepparent via adoption, assumes such rights.

Child support statutes in Pennsylvania are primarily contained in Chapter 43 of the state's Consolidated Statutes. The procedures and policies governing the state's child support program are outlined in Title 45 of the Code of Federal Regulations (CFR), Sections 301 to 308; Chapter 55 of the Pennsylvania Code; and the Pennsylvania Rules of Court, Actions for Support in the Rules of Civil Procedure, 42 Pa. C.S.A. Rule 1910 et seq. Note that case law and judicial proceedings may modify existing procedures and policies.

How Does Child Support Work in Pennsylvania?

When a married couple initiates the divorce process and they have a child together, child support becomes a significant element in their settlement or divorce proceedings. Child support payment is required to help pay for the child's needs, such as food, clothing, shelter, education expenses, medical expenses, travel expenses, and other childcare expenses. Pennsylvania maintains a rebuttable presumption that the child support amount determined by the court is the ideal amount necessary to meet child care expenses.

Child support payment is mandated by a Pennsylvania court when one of the divorcing parties or the designated custodian has custody for more than 50% of the time. However, in a 50/50 split, the divorcing party with the higher income may still be required to pay some child support. Typically, the custodian or divorcing party with less custodial time is the party responsible for child support based on a formula established by the Pennsylvania Rules of Civil Procedure, which takes two key elements into account: the number of children and the parties' total monthly income. Note that the court also considers possible future earnings based on education level, experience, and other factors.

Each county in Pennsylvania has a Domestic Relations Section (DRS) responsible for processing child support claims and enforcing support obligations. Pennsylvania's Child Support Enforcement Program is administered by the Department of Public Welfare's Bureau of Child Support Enforcement (BCSE) via cooperative agreements with the 67 county Courts of Common Pleas. Domestic Relations Sections (DRSs) of the Common Pleas Courts administer child support services county-by-county. The DRSs are responsible for establishing paternity and child support orders, as well as enforcing support obligations for divorced parties in the state.

A divorcing party may get child support in a variety of ways. In a divorce case, divorcing parties may reach an agreement and request a court to grant a support order. However, a typical child support case starts with filing a petition for child support with the local Domestic Relations Office. In most counties, the petitioner will be required to pay a filing fee. If the petitioner is unable to pay the filing fee, the individual may request an exemption by submitting a petition to proceed In Forma Pauperis. After filing a petition with the DRS, the Office will organize a support conference and notify parents of the date and time of the event. Note that if the child's mother is unmarried, the DRS will need confirmation of paternity.

When determining child support issues, Pennsylvania family law courts refer to the Pennsylvania Rules of Civil Procedure, Rules 1910.16-1 - 1910.16-7. The amounts specified in the child support guidelines are based on the child's reasonable or basic needs and the total income of the parents. However, in determining child support, the court may consider other factors such as:

Unusual fixed obligations and needs
Other child support obligations of both divorcing parties
Other sources of income in the household
The age of the child
The relative liabilities and assets of the divorcing parties
The medical expenses not covered by insurance
The standard of living of the child and the divorcing parties
The duration of the marriage if the case involves spousal support or alimony (pendente lite) matters
The best interest of the child
Any other relevant factor identified by the court

Note that there is no obligation to pay child support before the request for support is filed in court, regardless of how long the parties have separated. However, per Pennsylvania child support laws, the court authorizes retroactive child support that dates to the day the petition for child support is filed with the court. For instance, if the custodial parent files a petition on August 15th and the child support hearing only began on September 15th, one month's retroactive child support payment would be due.

Depending on the noncustodial parent's financial situation and capacity, the retroactive sum may be paid in full immediately or spread out over many months. In many instances, a fixed monthly payment will be made in addition to the court-ordered monthly support. This step is repeated until the retroactive sum or arrears are fully paid. Depending on the amount in arrears and other factors, a lump sum payment may be deducted from an income tax return to fulfill the arrears payment.

In Pennsylvania, the local Bureau of Child Support Enforcement (BCSE) offices handle child support enforcement services. Most child support payments are made through wage attachment or garnishment as ordered by the court and documented in the Pennsylvania Automated Child Support Enforcement System (PACSES).

You may petition a Pennsylvania court to modify or review your child support payment. However, such a request can only be granted if you can provide proof of a significant change of circumstances since the first child support award. In order to get a modification, you must demonstrate that one or more of the factors considered in determining the initial award has changed or that a new relevant factor has emerged. Common reasons for the successful petition for modification of a child support payment in Pennsylvania include:

The party paying child support spends more time caring for the child, implying that the paying parent should compensate the other parent less
The party receiving child support earns more money, implying less need for the other parent's contribution
The party paying child support earns less money than before and lacks the capacity to earn as much money as previously
The child's needs, such as medical and educational requirements, have changed since the first order was issued

Note that if the other parent provides a stronger argument in response to your petition, the court may opt to modify the award by ordering that you contribute more to child support. For more information on how child support works in the state, review the Pennsylvania Child Support Handbook.

What is the Average Child Support Payment in Pennsylvania?

Child support payment amounts are established on the Incomes Shares Model, which proposes that a child receives the same portion of the parents' net incomes that would have been received if the parents lived together. In Pennsylvania, the child support to be paid is expressed by the state's child support guidelines. The Pennsylvania Child Support Guidelines are a mathematical formula developed by the Pennsylvania Domestic Relations Rule Committee and enacted by the Pennsylvania legislature to establish each parent's child support obligation in the event of a separation or divorce.

In calculating the net monthly incomes of the divorcing parties, the state will consider sources such as:

Salaries, wages, bonuses, fees, and commissions
Pensions, social security retirement benefits, and all forms of retirement benefits
Social security disability benefits, permanent and temporary disability benefits, workers' compensation, and unemployment compensation
Spousal support, if applicable

Note that Pennsylvania courts are also authorized to impute or attribute income to a divorcing party in a child support case if that party has willfully failed to get or maintain appropriate employment. The income imputed by the court to that party will be equal to the earning capacity of the unemployed party. In imputing an income, the court will consider factors such as health, age, education and training, work experience, and earnings history.

The current child support guidelines which were enacted in January 2022 support monthly child support payments up to $30,000 combined monthly net income for parents. If the combined net income of the divorcing parties (parents) is above $30,000, the court may increase child support based on the cost of maintaining the child's standard of living before separation or divorce without burdening the custodial parent. Per Pennsylvania Code Rule 1910.16-3.1, when the combined monthly income of the parents exceeds $30,000 after deductions, the court orders the payment of the highest basic support obligation for the number of children involved, and a percentage of the amount over $30,000:

1 child: $3,608 plus 4.0 percent of combined monthly net income above $30,000
2 children: $4,250 plus 4.0 percent of combined monthly net income above $30,000
3 children: $4,951 plus 4.7 percent of combined monthly net income above $30,000
4 children: $5,530 plus 5.3 percent of combined monthly net income above $30,000
5 children: $6,083 plus 5.8 percent of combined monthly net income above $30,000
6 children: $6,613 plus 6.3 percent of combined monthly net income above $30,000

Note that the Pennsylvania legislature reviews and adjusts the child support guidelines every four years to reflect changes in living costs. You may use the Pennsylvania Child Support Estimator tool on the state child support program's website to estimate the amount of monthly child support payment you may pay or receive.

How to Avoid Child Support in Pennsylvania

You can avoid paying child support in Pennsylvania if parental rights over the child shared in the marriage have been terminated. Parental rights may be terminated for various reasons which can be voluntary or involuntary. If this occurs, a Pennsylvania court must review and make a determination on the matter. If the court agrees to terminate parental rights, the determination is permanent and cannot be reversed. Hence, the parent who has terminated parental rights loses all rights to the child. Termination may be a long and difficult process to navigate, whether voluntary or involuntary.

Note that it is unlikely that you can avoid paying child support if you only just filed for the termination of parental rights when child support case proceedings have started or child support petition has been filed with the court. Also, unless there is an exceptional circumstance, the court is unlikely to accept a voluntary termination of parental rights if an adoption process is not already ongoing. This is because the child has a right to parental support rather than being immediately put in the state's care. The parent relinquishing parental rights must provide written consent, and the court will take steps to ensure that consent is given voluntarily and deliberately. Voluntary termination of parental rights absolves the terminating parent of responsibility for child support since the child's adoptive parents will almost certainly assume that responsibility.

Involuntary termination of parental rights is based on one or more of the nine legal grounds stated under 23 Pa.C.S. § 2511. One of the divorcing parties may submit a petition to terminate the other party's parental rights for various reasons, including lack of engagement or domestic abuse. The state child welfare agency, on the other hand, may initiate an involuntary termination case against one or both natural parents. In certain instances, the agency may petition the court to terminate parental rights if there is a history of abuse, the child is in danger because of a parent, or if the parent has committed specific crimes, such as homicide.

How to Get Child Support Arrears Dismissed in Pennsylvania

Past and overdue child support payments are considered child support arrears. If you believe you have legitimate cause to have child support arrears dismissed, you may file a court motion to dismiss the arrears. Contact the Domestic Relations Section (DRS) in your county on how to proceed. If the arrears are for retroactive child support, you may be able to get the arrears dismissed if you can come to a mutual agreement with the other divorcing party to dismiss the payment. For instance, if the noncustodial parent financially supported the child between the time the court documents were filed and the day of the hearing, the custodial parent may agree to waive the retroactive amount.

How to Choose a Child Support Lawyer in Pennsylvania

Legal disputes over child support may be a contentious aspect of divorce. However, it is always beneficial for your child when you are able to resolve support matters seamlessly with the help of a professional. Guidance and assistance from child support attorneys are critical in achieving this. Apart from ensuring that the child's best interests are protected, an experienced attorney will guide you through the entire process and ensure that every aspect of the case is handled properly.

The role of a lawyer in child support matters is essential. Therefore, thorough investigation and assessment are critical when seeking a viable child support attorney. In choosing a child support lawyer in Pennsylvania, you should consider these factors:

Knowledge: Since child support laws and regulations in your locality may vary slightly from established state child support, it is advisable that you choose an attorney who is familiar with the rules in your county
Experience: Experience is a crucial factor to consider when hiring an attorney. If the lawyer you are considering hiring has never handled a case like yours, it is recommended that you find another attorney with the requisite knowledge in all the aspects of your case. Choosing an experienced attorney will go a long way in helping you get a favorable judgment
Finances: Hiring a lawyer can be expensive. Therefore, you should opt for an attorney whose charges are under your budget and who is not more concerned with getting paid than getting the best outcome for you. Before you hire an attorney, you should find out how much they charge and inquire if there are upfront charges involved. This way, you can stay within your budget and keep your expenses under control
Reputation: As is the case with hiring the services of any professional, it is advisable to verify the reputation of the attorney you intend to hire to fight your case in court. Practicing for several years does not necessarily imply that the attorney has a good reputation. A disreputable attorney will likely get you a poor outcome and lose you a lot of money. You may contact the state bar association or local bar association or check online reviews to learn more about an attorney's reputation
Specialization: When looking for a lawyer, one of the most critical factors to consider is the attorney's area of specialization. While most lawyers have multiple areas of specialization, you must pick one who has core competencies in the areas specific to your case

What Happens if You Don't Pay Child Support in Pennsylvania?

Failure to pay child support may have repercussions, including but not limited to the following:

Seizure of financial accounts
Seizure of personal injury and workers' compensation benefits
Seizure of federal and state tax refunds
Suspension of licenses such as driver's license, professional, occupational, and recreational licenses.
Liens may be imposed on any real property that you possess
Interception of lottery winnings
Inclusion of delinquency in your credit report
Being held in contempt of court. This offense is punishable by up to six months in jail and a fine of up to $500

Note that child support arrears may not be included in bankruptcy. Rather, they remain an outstanding obligation until paid in full. If a court grants a downward review of a child support payment, the accrued arrears will not be eliminated or reduced.

When Does Child Support End in Pennsylvania?

In accordance with Pennsylvania Code Rule 1910.19, child support in Pennsylvania generally terminates when the child graduates from high school or is aged 18, whichever occurs later. However, certain exceptional conditions may allow for the extension of child support beyond the age of 18. For instance, if a child is mentally or physically disabled, child support may be extended for longer.

If the adult child is disabled to the extent of being unable to be employed (at the accepted living wage) due to physical or mental impairment, then the presumption that child support terminates at the age of 18 or graduating from high school may be rebutted. In addition to being disabled, the child's disability must result from an accident sustained before the age of 18 or high school graduation. Usually, in extending child support payment duration, the acceptable conditions surrounding the disability of a child are tough to meet; hence, payments commonly end when the child reaches the age of 18 or graduates from high school.

It is recommended that the party paying child support does not wait for the child support order to terminate automatically but instead file a termination petition with the court a few months before the child graduates from high school or reaches the age of 18. To terminate child support payments, the paying party may petition the Domestic Relations Section in the county stated at the top of the child support order for a modification of an existing support order. When more than one child is involved, the termination petition must be filed separately for each child. The custodial parent will be notified of the petition and given a chance to dispute it. If you are the paying parent, regardless of the circumstance, it is advised that you continue making the support payments until the court order is modified.

How to Stop Child Support in Pennsylvania

There are multiple reasons why a party paying child support may want to stop making payments. For instance, if the parents have reconciled and are back together, there may be no reason for one parent to continue receiving child support payments. Also, the receiving parent's financial situation may have changed, or circumstances may have changed for the parent paying child support.

If you have a legitimate reason to stop paying child support in Pennsylvania, you must initiate the process by filing a modification order or termination order with the Domestic Relations Section of your county. You may use Pennsylvania's e-Services to file the modification or termination petition or reach a mutual agreement with the other divorcing party and file it with the DRS in your county for approval.

Note that a judge or another court-appointed official may attempt to persuade you not to stop paying child support as the court usually presumes that it is in the child's best interests to continue receiving as much financial assistance as possible. Hence, you should be prepared to defend why you want to stop child support payments.