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Pennsylvania Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Pennsylvania on
Q: What to do when a verbal agreement surrounding custody isn't being honored?

A friend of mine made a verbal agreement with the father of her children to get away from his abuse. He told her that if she gave him full custody and let him keep the house that he wouldn't contact her in any way including child support. She wanted the details of the agreement added to the... View More

Cary B. Hall
Cary B. Hall
answered on Dec 9, 2019

She can immediately file for custody -- and should. She should also consult with a good family law attorney as well to discuss her various options and plot her next move(s), including about dealing with the house situation.

Feel free to pass my name along to her and have her contact me....
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1 Answer | Asked in Child Support for Pennsylvania on
Q: Me and my ex have to go for child support, I live at home and pay bills such as wifi, cable, phone bill eat as my "rent"

my ex has an apartment that he pays half of the $800 rent plus half of utilities, do the courts consider rent in calculating his support amount in PA? What if his girlfriend is giving him half of the rent in cash and then he pays the rent out of his account? Will courts look at that as him paying... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 11, 2019

Generally speaking, in PA the bills and other financial obligations of the parents, other than medical insurance, child's medical expenses, and childcare/tuition, are not relevant. The calculation of a support order is income, not expense, driven.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Pennsylvania on
Q: can I take my ex-wife's boyfriend and his wife for child support if they completely support her?

ok so I have primary custody of my three kids. I pay spousal support to her. but the Ex-wife moved in with her new boyfriend and his wife almost a year ago. they pay for everything housing, food, car, etc.. am I able to take her and them and have there income added to hers for child support?

Cary B. Hall
Cary B. Hall
answered on Dec 6, 2019

No. They're not responsible for your children at all, so their income is irrelevant to any child support calculation.

But you may be able to argue that the lack of expenses for your ex-wife (due to their paying for everything) should be factored into your spousal support calculation....
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1 Answer | Asked in Child Support for Pennsylvania on
Q: My mother doesn’t allow me to see my son but has me paying child support every month... I was told

If I can’t see him, I don’t have to pay... is that true and how would I go about bringing that up? I’ve been paying since June or July now...

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 11, 2019

In PA child support and child custody are separate in that , if you have a support order, you still have to pay it regardless of whether or not you see your child. If you want to see your son and your mother s not willing, then you're going to have to go to custody court to obtain time with him.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Child support

The mother of my children moved out of PR to PA and refuses to tell me her location and refuses the children to see me. The oldest child is 17 in April and the second one is 16 in April. They both work part time jobs.

I was told PA emancipation age is 18 and PR is 21 and even though she... View More

Cary B. Hall
Cary B. Hall
answered on Dec 5, 2019

If this has all occurred within the past 6 months, Puerto Rico would likely still have jurisdiction over the custody case. File something immediately in PR, and use her last known address in PR for service of your motion. Having local PR counsel is also advised -- he or she can be of immense help... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: I'm required to pay support until kids are 23 (in college). However mom put them out of her home at 18.

I want money to go to children. Order was placed in NJ. Kids lived in WV but are currently staying with my mother in DE when not in school.

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 2, 2019

You're going to have to ask this question of an attorney who practices in whichever jurisdiction is administering this order. It appears that would be NJ. You may have to change your location because right now your question is going out to PA lawyers.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Is it illegal in the state of pennsylvania for the mother and father to ride together to a child support hearing?
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 2, 2019

No, not unless one of them is subject to a restraining order regarding the other one..

1 Answer | Asked in Child Support for Pennsylvania on
Q: My sons mother keeps asking me for money on top of the money i give my son on the side. Can I put myself on child sup.?
Kathryn Hilbush
Kathryn Hilbush
answered on Nov 17, 2019

You could but first you might want to figure out what the result might be if you were subject to a support order under the PA Support Guidelines. There are several support calculators available online, one through the PA Department of Health. I suggest you either work with one of those or, even... View More

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Mother filed a false protective order to get child then moved out of state "Pennsylvania " we lived in Maryland

We were in MD for 9 months. She has been in PA for 3 weeks and has blocked all communication with me and now I received support papers in the mail box.but haven't been served with anything...I have filed for custody in MD waiting to hear from the court...how can she file in PA and do I have to... View More

Cary B. Hall
Cary B. Hall
answered on Nov 1, 2019

She's playing the jurisdictional game, obviously -- and she won't win. But in the meantime, it's a huge hassle.

I say you do nothing on the support end of things, esp. if you haven't been formally served with anything (and don't sign for anything yet). You may...
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1 Answer | Asked in Child Support for Pennsylvania on
Q: Does child support increase in Pa when the child turns 12 years old
Kathryn Hilbush
Kathryn Hilbush
answered on Oct 30, 2019

Not unless the specific facts of the case warrant it.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Can you file for support in Pennsylvania if the childs home state is Maryland. Mother left and took baby
Kathryn Hilbush
Kathryn Hilbush
answered on Oct 30, 2019

This is a bit confusing. Who's filing for support? The mother who left the state and took the child? How long has the child been in PA, is it? You should probably speak in person with an experienced family law attorney and set forth the facts in detail.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Is it illegal to collect support for a child that doesn't live with you?

I've been paying support for 16 years and just recently found out that my child hasn't lived with the parent collecting the support for years.

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

What may be illegal are the reperesntations made to the court. For starters if you are under a Court order you need to ask for a modification. Then you need to speak with someone about filing charges to get your money returned.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Why i still have to pay suport when we share phisical/legal 50/50, kids spent a week with me and week with the mother

We have shared legal custody and kids spent one week en each house while with me i provide for everything without asking mother for nothing master just gave me a 300 a month in support just because mother said she pay for daycare (which is ccis) and she only pay Copay and the kids dont go to... View More

Kathryn  Dent
Kathryn Dent
answered on Oct 17, 2019

These are questions you should be asking your lawyer. With limited information it is impossible to answer your question definitively. I urge you to consult with your lawyer regarding your concerns, or, if you weren't represented, then consult with an experienced family law attorney in your... View More

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: will changing from partial custody to 50/50 decrease what I pay in child support? Dad still isn’t working and I am.

I will now have shared physical custody instead of partial. I work and sons father doesn’t. Can what I was paying with partial custody be decreased now that I will have my child 50/50? Dad can, but chooses not to work. Is this okay? Can they ask him why he’s unable to work? Should I pay the... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 8, 2019

Your order may decrease but it's all dependent n your relative incomes. You should consult in person with an experienced family law attorney in your area to discuss the best way to present the case in regard to the father's alleged inability to work.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I just had a baby & was told that in PA I can be unemployed for 6 months and not have to pay child support is that true?

In other words child support can't make me pay monthly payments or charge me for my rears for 6 months after having a baby

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 5, 2019

No, that's not true. I'm assuming that you're the father?

1 Answer | Asked in Child Support for Pennsylvania on
Q: Ex trying to lower support

My ex husband is taking me back to try to get his support lowered since my son started kindergarten. If it gets lowered does the lower amount go into effect after mediation or does it go back to the day he filed? Will I get a lower amount until he gets paid back what he's paid since his... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 3, 2019

Usually the modification is effective the date the petition was filed but if the circumstances resulting in the modification occurred after the filing date then it's likely the order wouldn't be effective until that later date. Often the payments toward the prior order may be used to... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Why wouldn't the mother of my children's unemployment be taken into account for child support

I am currently married but recently separated. The mother of my 3 children (ages 10, 12, and 14) moved out in May to her parents house. We recently went to child support mediation where she was asking for $2390 a month; my monthly income is $3800, which will not allow me to even afford my... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 26, 2019

Her unemployment compensation should have been taken into account. Check the bottom left side of the order where the respective incomes of the parties are shown. If it shows zero for her then you should consider seriously appealing to a judge but be careful not to miss the appeal period .... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: My husband quit his job to start his own business and now wants to lower his child support. Can he?

My ex-husband only pays $600 a month for 3 kids. (Which is low to start with because I already agreed to a lower amount twice) He quit his job to start his own business and now after 1 month he wants to lower his child support saying he isn't bringing in enough money. Can he? (Pennsylvania)

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 5, 2019

He can certainly request the reduction but typically the court would view a situation such as this as a voluntary reduction in income not warranting a reduction in the support order.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I've been getting support for 9 years now. Suddenly 2 years ago he pulled some sort of strings and I've only been receiv

Checks for one of our two children since 2017. Now suddenly July of this year I stopped receiving payments all together. I've verified he's still working. I can't get in touch with anyone feom family court's division. Any and all help is greatly appreciated thank you everyone in advance

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 5, 2019

Keep trying Family Court. No way of knowing why from where I sit.

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: My spouse cheated on me we are currently going through a divorce she did not work our entire relationship. We have 2 kid

Is there a law that says the spouse who was in the wrong can still get child support knowing what they did was wrong. Also my children were involved with the other person. My kids were told to keep him secret from me . He is currently living with her. Is she due child support or can I fight it.

Cary B. Hall
Cary B. Hall
answered on Sep 24, 2019

Child support has zero to do with marital infidelity -- it's only about what the kids need to survive, and the primary custodian of the children will get that.

It DOES matter for alimony or spousal support, however, so you can raise an infidelity defense if she's trying to seek...
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