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Pennsylvania Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My 11 yr old son has lived w me for 3 yrs. his mom stil has custody. Can she just take him back for no reason

Shes $3000 in arrears. I signed him up for cyber school but shes trying to take him back so she doesnt have to pay. She even went and signed him up for another school near her. Can she do this??

Robin R. Gregory
Robin R. Gregory answered on Aug 11, 2021

The order stating the mom has custody is valid and in force until the court issues a new order. It is likely the mom can take the child. You can file a motion/petition to change the custody.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: PA: Can I sue my x for 25,000 in back support. He has a sizable inheritance. court has only ordered him to pay $50/mo.

He is on disability, which is why his child support is only $50/month. at that rate we will all be dead before he makes even a dent in the $25,000. He has just inherited a sizable amount of money, so can I sue him for the back support? He and his wife/girlfriend have done everything that they can... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 30, 2021

Look to modify the previous agreement to reflect his new asset. As to a lien, I would imagine the state Child Support Enforcement Division would be able to tell you that.

1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Q: Can my ex force me to drive our son to his house for visitations? He doesn't want to both pick up and drop off our son.

I don't drive and would have to Uber, costing me $60 each way twice a month. I have full custody of our 4 year old and he gets him every other weekend.

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

See if he'll pay for your uber. If he has a vehicle I see a court saying you are right. But maybe if you had an attorney who got you the full custody, speak with them.

1 Answer | Asked in Child Support for Pennsylvania on
Q: i receive child support and on the website it states he is decertified from federal intercept what does that mean?
Kathryn Hilbush
Kathryn Hilbush answered on Jan 17, 2021

While I'm not familiar with the actual term, it seems pretty clear that the amount of arrears that he owes on the support order has either reached zero or is at least below the amount which would subject any federal income tax refund he is entitled to receive from being intercepted to pay the... Read more »

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: I took less child support then what was estimated can I go back for the difference if I'm still struggling

I was told $276 a week but agreed on $200 but I'm still struggling to support my son how soon can I go back to request the full amount

Kathryn Hilbush
Kathryn Hilbush answered on Jan 16, 2021

You can go back to ask for more based on the support guidelines. There's no time frame before which you can't file but I would expect that you would have waited at least a month or more

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Do I have to pay for my ex-girlfriends attorney in a child support case I'm being ordered to pay the attorney directly

The judge has ordered me to pay my ex girlfriends attorney directly . Not through the clerk of courts but to the attorney directly. I don't understand how I am responsible for his fees

Kathryn Hilbush
Kathryn Hilbush answered on Jan 16, 2021

If the judge ordered you to pay, then you pay. Always do what a judge orders you to do. I can't guess why the judge ordered you to pay her attorney, but I would imagine the judge said why when the order was entered.,

1 Answer | Asked in Child Support for Pennsylvania on
Q: I am 15 years old and I live in a abusive household. I had cps called but they did nothing could i get emancipated?

My parents from the ages of 3-10 would basically let my brother abuse me. My dad started in 3rd grade and he didn't lay his hands on me much but he would every now and then. My dad as long as I could remember would take out his anger on me. Recently my dad hit me and attacked and then chased... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 4, 2020

Foremost, stay in touch with your therapist. You need a safe-harbor to speak freely about your emotions and feelings. As for emancipation, there are several legal requirements that you must meet, starting with being 16 years old. I recommend you seek legal services if you are intent on pursuing,... Read more »

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: My children's dad owe over seven thousand in child support and the court isnt doing nothing what can i do to get it
Kent Petry
Kent Petry answered on Oct 22, 2020

Speak to an attorney and have them enforce the relevant court order(s).

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 »

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