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Pennsylvania Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: My spouse filed for divorce almost two years ago and has been non compliant with court orders. Can it go into default?

He has outstanding support obligations and is in arrears for two children. If he filed for divorce and I have answered the complaint, at what point can it go into default?

Kathryn Hilbush
Kathryn Hilbush answered on Jun 27, 2020

Cases usually don't go into default. Upon occasion they may be terminated due to inactivity.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I owe over 10,000 in arrears and am going to be working to pay them off. Can I still be sent to jail in PA for

For owing that amount

Kathryn Hilbush
Kathryn Hilbush answered on Jun 27, 2020

Yes. If you start paying them off now, the likelihood of receiving a six month sentence is less, but I suggest that you make substantial payments, not ones of $10 a month. The courts like to see that someone is making the effort to satisfy their arrears.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: I filed for child support and they're asking me about my income but i don't have any. What do i do?

Since the virus has been going around its been hard to find a job.

Kathryn Hilbush
Kathryn Hilbush answered on Jun 23, 2020

Tell them exactly that - you don't have any. Be able to provide solid evidnece that you've been looking for work. Also, why aren't you receiving unemployment compensation? Don't try to answer me but that may be something they'll be interested in knowing.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Can I find out if I overpaid in arrears?

Paid arrears for 17 years for being approx 1 month behind. CP filed in March, court date and agreement reached in April of 2003. Case just closed but I don't believe I should have been paying arrears for that long. Can I get full History of payments?

Kathryn Hilbush
Kathryn Hilbush answered on Jun 23, 2020

Sure. Contract the county Domestic Relations Office which handled the case and ask what they need you to do in order to obtain an accounting of your payments. You may have to email them. It's hard to tell you what the process will be because it's likely their procedures have been... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Hello, How much will I pay for child support? Please see details below.

We're not married. We both live in cumberland county PA.

My daughter's mom and I split up but we are spending the same amount of time taking care of our daughter (3.5 days with me and 3.5 days with her mom)

We both have the same gross income (She get paid just a dollar... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 18, 2020

Since you're paying for your daughter's health insurance, you've got 50/50 time and the parent's incomes are the same, you probably shouldn't be paying ANY child support to your daughter' mother. In addition, you could probably negotiate alternating who gets to claim... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Social distancing and covid concerns

We have 50/50 custody of my stepson and also take care of my husbands elderly mother. She is considered high risk. Today we found out that my husbands ex has not been practicing social distancing and has been letting their son play with children closely. Talks in the house have been it might not... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 18, 2020

If there's no court order, there aren't any "official" rules by which to play -- at least right now. He has two recourses: (1) work it out informally, just like he always has, or (2) file a Complaint for Custody and let the court sort everything out.

Your...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Are there laws in PA that restrict dad from bathing five year old daughter? And sleep with her on the same bed?

PA family law

Cary B. Hall
Cary B. Hall answered on Jun 15, 2020

I am aware of no such laws in Pennsylvania, and I've been practicing family law in the Commonwealth for 20 years.

Sounds like you two could benefit from some family counseling, at least for the kids' sake. Perhaps suggest it to her as a responsible father and co-parent. Best of luck to you.

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: If two minors are found to be having a baby, can the parents of the teenage father be held responsible for Child Support
Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

this may depend upon the age of each.

https://pcar.org/laws-policy/age-consent

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: What are the steps I need to take to file a petition for modification?

Do I need to send the Plaintiff a copy of the filled out modification form, Criminal History form, Blank Criminal History forms, and a copy of the order? Do I need to have her signature upon delivery of the documents? When I send in my copy to the Prothonotary I send all of the above plus the $100... Read more »

Cary B. Hall
Cary B. Hall answered on May 29, 2020

Each Pennsylvania county has their own local requirements (esp. for the filing fee). I suggest you directly contact the Prothonotary's Office for the county in which you wish to file. Sometimes there's a court website that more-or-less walks you through the filing steps as well, if... Read more »

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Full custody of my son for 8 yrs he wants to live w mom now if she goes for support can I get back support for the 8 yrs

She lives in Georgia now but had no support/barely any contact for 8 yrs I had our son

Kathryn Hilbush
Kathryn Hilbush answered on May 28, 2020

Not likely. You should have filed while you had custody of him. The PA support rules do not allow retroactivity of support orders beyond the date of filing for support. If you failed to file for support because you didn't want her trying to come back into your son's life or if you... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: How can I modify a custody order when the courts are closed. We had a temporary order but doesn't let me see my child.

What can I do to get my visits back with my daughter? In addition to that she is collecting aftercare money from me and my daughter no longer is in aftercare at all.

Cary B. Hall
Cary B. Hall answered on May 14, 2020

You can file an *emergency* motion to modify custody, and request the court to grant you time with your daughter.

You can do the same with Domestic Relations concerning a modification to eliminate the portion of the child support order for aftercare expenses.

Best of luck to you.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My ex-husband is trying to take me for child support

He's trying to take me for support when I barely make any money or none at all ( Caregiver). He makes more than I do, He's trying to go after my husband ( not the father to the 2 children I have with him) because he's the one that makes the money. Will he win the support case? I have... Read more »

Cary B. Hall
Cary B. Hall answered on May 12, 2020

Child support goes by a parent's "earning capacity," not necessarily his/her "income." If a parent isn't working -- and doesn't have a good reason for not working -- an earning capacity could be imputed/assigned to the non-working parent for purposes of a child... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: Are ALL phila courts closed? I have a child support case in front of a Master 4/23 at 9:45am and no one has contacted me

I understand that most courts are closed due to the COVID-19 pandemic, but I have an upcoming child support case that no one has contacted me about to let me know if it has been canceled or postponed or rescheduled and I’m nervous about not showing up because I don’t wanna get in trouble or... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

You should call your lawyer. If you don't have one call the Court. From the Court notices it looks like no trials or hearings in May or June, but you need to find out if your particular hearing is the type that is postponed. If you speak to someone make a note of who you talk to , the time,... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: About to settle a case. Child support has a lien. Will the lawyer and medical bills be paid before the child support?
Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

Generally, there is negotiation with all the lienholders. Child Support is a priority, and if they are not in agreement there can be no settlement (unless the amount of their claim is less than the amount that the other side has agreed to pay). I suggest you speak with your lawyer to see how... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: How do i sign away my parental rights without having to pay any child support.

5 year old son.

I've only seen him for about 9 months of his life.

The mother makes my life a living hell and it will be easier for me emotionally just to have no part of his life seeing as the mother and her husband have been raising him since he was born.

Scott L. Levine
Scott L. Levine answered on Apr 12, 2020

If everyone agreed, mom’s new husband could do a step-parent adoption, which would end your parental rights and support obligation.

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1 Answer | Asked in Child Support for Pennsylvania on
Q: Can I petition the court for more child support/extension due to making no money during covid19 and my ex makes more?
Kathryn Hilbush
Kathryn Hilbush answered on Apr 12, 2020

Sure. Don't forget that, if you're receiving unemployment compensation, that will count as income. Assuming that your local Domestic Relations Office is closed to the public, you'll have to try to do it online. Try this link... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: In Pa. does child support lower after the eldest of 3 children turns 18 and graduates high school?

There are 3 children 14, 16, and 18. I was told by my attorney that the child support would remain the same amount even after the eldest child turned 18. I do not understand why my child support would not lower after graduation of the 18 year old. She is not attending any schooling after graduation.

Kathryn Hilbush
Kathryn Hilbush answered on Apr 12, 2020

You are entitled to obtain a second opinion about this issue, but you're to have to do it by way of an actual consultation with an attorney. During this shut-down, many attorneys are offering telephone and even video consultations. Often child comes off the order, the parents' financial... Read more »

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: In the divorce decree, it states that we both waive child support and alimony. Can I (a year later) change my mind?

We share 50/50 custody, and he makes significantly more money than me. At the time, I just wanted the divorce to be over, and I didn’t educate myself about child support. But after more than a year of supporting myself and my 3 kids, money is kind of tight, and I want to know if I can file for... Read more »

Scott L. Levine
Scott L. Levine answered on Apr 7, 2020

You can file for child support. Regardless of what agreement says, support for children can’t be waived.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: If you do a paternity test on a 17 year old, find out it is yours, can the mother get 17 years of back support in PA
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 5, 2020

This should be posted in PA section not NY. In NY support can only be ordered from the date of filing of an application for child support forward. I would expect that in PA it would be the same but repost in PA section.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Child support is holding my money. I don’t owe anything and my child support it was terminated. It been over two montha

I’m on ssdi and I got a one time payment from ssi and found out from them that chIld support took half of my money and holding it. I have call and call trying to find out what happen to my money child support say they don’t see it but ssi say they are holding that amount and more and won’t... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

Contact legal services/legal aid for the county you are in. Your county disability rights coordinator may also be of help. Good luck!

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