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Pennsylvania Child Support Questions & Answers
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!

1 Answer | Asked in Child Support and Tax Law for Pennsylvania on
Q: My boyfriend receives support in PA. The mother was $1200 behind for the tax year just ending (2019)

Her taxes were to be intercepted for the past due amount yet he only received $500 from her federal and $165 from her state. Why did he not receive the whole $1200 she owes??? We talked to domestics all they know is that the put in a form to intercept, that is all. Wheres the rest of the $$$. She... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 17, 2020

Are you sure she was supposed to receive more then what you were sent? The only other reason that I know of why you would not have received the full amount is she may have owed additional debts that had priority or the state did not update the records to indicate the full amount she owed. Also if... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My husband wants me to sign a paper stating I will never ask for child support. Is this legal?
Cary B. Hall
Cary B. Hall answered on Mar 4, 2020

Not in Pennsylvania. It's against public policy. The reason is that child support is for the benefit of the child -- not the parent who nonetheless receives it -- and a parent cannot "bargain" that support away.

Best of luck to you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: In a custody order it is stated that the Father is responsible for Health Insurance. Who pays the rest?

Who pays the deductible and other out of pocket expenses? It does not say anything other than the father pays monthly support and Health Insurance.

Cary B. Hall
Cary B. Hall answered on Feb 26, 2020

The parent with primary physical custody will pay all out-of-pocket expenses up to $250.00 during the calendar year for each child. Anything greater than this amount should be allocated between the parents by a percentage ordinarily contained in the child support order. That monetary amount could... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: I have been paying the State of California Child Support for over 28 years.

They have seized my Federal Returns every year and continue to take roughly 400.00 per month from my pay check.

I have repaid the DCSS in excess of 250,000.00.

My children are grown and 31 and 29 respectively.

I am not sure of the exact figures, but I know they did not... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

You need to get an accounting from the State, ultimately you may have to contact the Pennsylvania Civil Liberties Union, because you shouldn't have to sue them in California. Further, there should be a process for accounting. Given the amount of money you may want to contact the California... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: A friend of mine just found that he has a 13 year old child. Friend lives in NJ. Childhood sweetheart lives in York PA

She applied for Welfare and they asked her question about the father. She then reached out to him to tell him about his child he never knew he had. Now (13 years later) he has to pay support. Is there a statue of limitations that could protect him since she waited so long to let him know he had a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

I don't believe there is but he can ask for a blood test or DNA test if he isn't sure. A birth certificate would be a start. An acquaintance was paying child support and when he saw a picture of the child it was apparent he was not the father.

1 Answer | Asked in Child Support for Pennsylvania on
Q: My boyfriend has to pay child support for his 3 year old to go to a private school. How can we fight this to stop it?

He does have 50/50 custody. We are in Pennsylvania.

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

He should contact an attorney.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Will my child be free from their father if their father moves from Pennsylvania to Florida without an arrangement?

We do not currently have an official custody arrangement. It has been 9 years since we divorced. The children are both 15 years old. We are afraid to go for court for one because the children don't want to see their father more than they have to if we fail to get sole custody. However, the... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 24, 2020

I am not sure what safe legally means? The father has an equal right to see his children, so a court may order visitation. The children's viewpoint is one of 16 factors the court considers in ordering visitation. Here is where it gets nasty. Florida is a member of the custody compact but... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Q: My wife and I agree on a divorce and are curious as to how the process will work in PA.

I have worked in the same career during our entire marriage which started at around 45K (10 years ago) working my way up the corporate ladder to over 100K. We have 2 children. My wife has a few certifications for professions, but has never kept a job. She always has a reason she leaves after a... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 2, 2020

You really do need to sit down with an experienced family law attorney to address your questions. You would do well to hire an attorney to draft all the necessary procedural paperwork -- but most definitely to craft a comprehensive property settlement agreement to address how assets/liabilities... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: my kids father is trying to decrease his child support order but I just saw he rented out an apartment for $1200.

Will that help my case? Also he we have a custody agreement that he doesn't abide by and he sees the kids once a month instead picking them up every other Saturday.

Cary B. Hall
Cary B. Hall answered on Jan 2, 2020

If he owns the property that was just rented, the $1,200.00/mo. rental income could possibly be counted as his income for purposes of calculating child support. If the property is owned by a company, however, the lines are more blurry. Definitely bring it up to the hearing officer.

Your...
Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: How do you report non payment of child support for over 2 months?

Noncustodial parent changed jobs, didnt report, so I filed for reevaluation. Over 2 months non payments now.

Kathryn Hilbush
Kathryn Hilbush answered on Jan 1, 2020

Contact the Domestic Relations Office managing the support case

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