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Pennsylvania Child Support Questions & Answers

1 Answer | Asked in Child Support for Pennsylvania on

Q: I have custody of my 2 boys. My soon to be ex is supposed to be paying support since Jan 2019. So far she hasn't.

What are my options? She is behind by $4000. Thank you

Kathryn Hilbush answered on Aug 21, 2019

Contact Domestic Relations and have them file for contempt. It's actually a bit odd that the computer has spewed out a contempt petition already

1 Answer | Asked in Child Support for Pennsylvania on

Q: My husband received a letter stating his support case is closed? Not sure what this means?

My husband has been paying support since his ex gf and him split up. He has been over paying as his job kept taking the money out. He has been receiving checks back from support for a few months of random amounts, which we did not understand why either. When he logged onto the online portal for... Read more »

Kathryn Hilbush answered on Aug 20, 2019

He can find out for sure by contacting your local Domestic Relations Office. Is his child 18 and been graduated from high school? That's the most likely reason. The checks are being sent back to him because he apparently overpaid and didn't owe any more support. Tell him to make the call to solve... Read more »

1 Answer | Asked in Child Support for Pennsylvania on

Q: if you signed the BC of a kid that you know is not yours do you still have to pay child support

Kathryn Hilbush answered on Aug 18, 2019

I'm assuming you mean you signed an Acknowledgment of Paternity. That means you swore that the child is your biological child. If a support action is filed against you, you'd better consult with an experienced family law attorney to find out if you have any options to avoid paying support until the... Read more »

1 Answer | Asked in Child Support for Pennsylvania on

Q: I live in PA only work part-time. The hearing officer stated that she has to enter for my income full- time?

She said that I am able to work full time so she calculated it at 40 hours minimum wage. Stated that was my capacity to earn

Kathryn Hilbush answered on Aug 18, 2019

I assume your question is "Can she do that?" The answer is "yes". You'll probably have to find another part-time job or a full-time one.

1 Answer | Asked in Child Support for Pennsylvania on

Q: Can you apply for child support while pregnant?

Kathryn Hilbush answered on Aug 18, 2019

No. Child support is for a child who has been born, not one who's waiting to be.

1 Answer | Asked in Child Support and Social Security for Pennsylvania on

Q: So I have a friend that pays child support for his children that receives social security benefits is that allowed?

Kathryn Hilbush answered on Aug 9, 2019

Yes. The receipt of Social Security benefits is taken into consideration when the support order is calculated.

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

Q: I have primary custody my children. My ex husband is holding one of my kids against his will & against court orders..

The case was established in Philadelphia. He has my son in Delaware and I am currently residing in NC with his other child. When I brought his kids to see him last summer he held both of them a day before I was scheduled to travel back and demanded child support back. He demanded I return a large... Read more »

Cary B. Hall answered on Aug 6, 2019

I think you need the court's help at this point -- and you're getting shafted with the whole pay-back-child-support "deal." Technically, if your son has been with his father in the state of Delaware for 11 months, then Delaware would have jurisdiction for any child custody case at this point (even... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Pennsylvania on

Q: My wife filed for divorce in Pennsylvania 5 years ago . I pay spousal support . In march of 2017 we made an agreement th

that if I signed over the house which I did she would finalize the divorce and the support payments would stop. I have the email from her lawyer and her stating the agreement . After I signed over the house they would not have any contact with me and 2 1/2 years later they still take support from... Read more »

Roy L. Galloway III answered on Aug 5, 2019

Sir, I am sorry you had this negative experience. In Pennsylvania, an agreement regarding child support is against public policy and will not prohibit a parent from seeking support for a minor child. Thus, if the agreement is for child support, it is null and void.

With respect to spousal...
Read more »

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

Q: I have shared physical&legal custody and 50/50 can we put in the new court order that me nor him can file support

Cary B. Hall answered on Aug 4, 2019

Not really -- and if you do, I don't think such a provision would be enforced. Child support is for the benefit of the *child*, not either (or both) of the parents, and so neither parent can bargain that benefit away. At best, the parents can have a "gentleman's agreement" that no support will be... Read more »

1 Answer | Asked in Family Law and Child Support for Pennsylvania on

Q: My daughter turned 18 in Dec, graduated in June. An order was made for child support in 2014 but no payments were made.

I was just notified by domestics that her father was approved for SSI/ disability and i can schedule a hearing for arrears. Is that money paid to me or my daughter( who is now an adult) ?

Kathryn Hilbush answered on Jul 24, 2019

The past-due child support is owed to you. If you want her to receive it instead, you can sign paperwork to allow that to occur. I suggest that you let him pay you and then you can give it to her if you feel it's appropriate. These child support arrears are for all the years you took care of her... Read more »

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

Q: My ex finally got a job after 10 years of being on SSI. I was married 3 years a go and have had 2 more children with my

wife. I also have another child with another ex.

I pay child support for 4 of my 6 six kids. the other 2 I reside with along with my wife.

the mother of my 3 oldest kids recently got a job after 10 years of being on ssi. and my oldest just turned 19 nad is in college. the money... Read more »

Kathryn Hilbush answered on Jul 23, 2019

I suggest that you gather all of your paperwork and sit down with an experienced family law attorney to discuss what, if any, action you should take. It's really not possible to guess whether it would benefit you or not to go back to court because we'd need more information than you can, or should,... Read more »

1 Answer | Asked in Child Support for Pennsylvania on

Q: I didn’t file for child support for 14 years. Am I entitled to arrears?

Kathryn Hilbush answered on Jul 16, 2019

You're entitled to payments commencing the date you filed so, if you didn't file until recently, you won't be entitled to back support beyond your filing date.

1 Answer | Asked in Child Support for Pennsylvania on

Q: How many times in one year can my ex apply for a child support modification?

We just had an order put into place in the beginning of June because he went for a modification. Instead of appealing it since he didn't like the outcome he applied for another modification in July.

Kathryn Hilbush answered on Jul 16, 2019

He can file as often as he likes. At some point the court may award you counsel fees if it you have an attorney. If yoiu don't, I suggest that you retain one.

1 Answer | Asked in Child Support and Contracts for Pennsylvania on

Q: Do I need to go through with child support?

I went to welfare today and told the guy at the desk I didn't want child support. After talking for a while and signing a few papers I found out one of the papers was to find the father after I told him I didn't want it done. Can I stop them from finding the dad if I don't want child support?

Cary B. Hall answered on Jul 10, 2019

I'm not 100% sure, but it's my understanding that DPW may require you to seek child support before you're qualified to receive public assistance yourself. Either that, or *DPW* will file a petition for child support against Father to seek reimbursement for the public assistance you receive.... Read more »

1 Answer | Asked in Child Support for Pennsylvania on

Q: Can I call the day I suspect my ex to start a support case against me to find out if they did? Will they tell me?

They are threatening to go to domestics because they are evil and aren't happy with themselves and constantly text and harrass me everyday for whatever they can think of to mess with me.

Kathryn Hilbush answered on Jul 8, 2019

it would probably would be too soon to obtain the information but usually the notices of a hearing date go out within days after the case is filed.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on

Q: There is an open custody case. Can child support be issued before the case is solved?

Cary B. Hall answered on Jul 7, 2019

Likely, yes - at least with a temporary order which reflects the current reality of where the children reside right now.

In addition, the earlier you file to open a support case, the sooner a support order can be entered - and that order will be retroactive to the date of filing. So file...
Read more »

2 Answers | Asked in Child Custody and Child Support for Pennsylvania on

Q: my daughter had child support many years ago but they close the case cause the dad diisapear

we just find out that the dad is dead, is any support that my child is eligable?

Penelope A. Boyd answered on Jul 2, 2019

If your daughter is still a minor, she may be eligible for Social Security Survivor's benefits. Contact your local Social Security office to find out.

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2 Answers | Asked in Child Support for Pennsylvania on

Q: My ex husband filed a request that I pay him support. He lied and claims our children live with him. I have a custody.

I showed the mediator our most recent custody order which he replied this was 2015. It is our most recent order. I showed other documents that our kids live with me. How is the support mediator supposed to determine who our kids live with when I say they reside with me and he claims they live with... Read more »

Kathryn Hilbush answered on Jun 19, 2019

I suggest that you obtain a copy of the custody docket, which should show that the most current order is the one from 2015. Then gather up documentation that tends to show that the children reside with you - school records, doctor's records, extracurricular activities rosters, etc. Anything that... Read more »

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2 Answers | Asked in Child Support for Pennsylvania on

Q: Does my ex have to pay child support for our daughter after she turns 18 but then attends college?

Peter N. Munsing answered on Jun 12, 2019

Depends on your divorce and custody agreement. Generally the obligation to pay child support ends at age 18 or graduation from high school, whichever is later.

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1 Answer | Asked in Family Law and Child Support for Pennsylvania on

Q: Im told by my attorney I can't go into domestic conference, just the attorneys. I want to be a part of it. what do I do

This for a modification in child support in Pennsylvania

Penelope A. Boyd answered on Jun 10, 2019

Trust your attorney. Conferences sometimes do not include the parties. Usually this is to establish the issues, schedule witnesses, or identify additional information that might be needed. You will be in the conference through your attorney so make sure s/he has all the information they need... Read more »

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