Pennsylvania Child Support Questions & Answers

Q: does a parent continue to pay child support for 90 days after getting her children back

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 23, 2019
Kathryn Hilbush's answer
Not ordinarily. I don't know who told her that but she should take her support order to her local Domestic Relations Office to see if they'll suspend the support order effective the return date of the children. She will probably also have to file a petition to vacate the support order and may want to consider filing a support petition to receive support from the father.

Q: I’m trying to buy a house and the bank needs a copy of my last child support order. How can I get the papers?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 22, 2019
Kathryn Hilbush's answer
Contact the Domestic relations Office where the order was entered and ask what their procedures are for obtaining a copy. You may have to appear in person and pay a small fee for a copy since you should have received one in the mail after it was entered.

Q: Why is child support Based on one parent

2 Answers | Asked in Child Support for Pennsylvania on
Answered on Mar 21, 2019
Cary B. Hall's answer
It's not. In calculating child support, a court/Domestic Relations looks at the incomes (or earning capacities) of both parents and than "runs the numbers." It may be, however, that one parent is determined to have zero income/earning capacity for any number of reasons, in which case it does appear that only the other parent's work situation is being considered.

Q: What kind of trouble will I be in for not providing the non custodial parent with childcare receipts?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 21, 2019
Cary B. Hall's answer
If you can provide proof at any court hearing, my gut feeling is that there will be no penalty against you. If, however, you can't provide proof of payment for child care, a court may reduce your child support award accordingly.

But if you can provide such proof to your ex *before* the hearing, then do that ASAP.

Best of luck to you.

Q: Child stays at grandparents and mother stays with boyfriend anything I can do cause she is supposed to be with mother

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
Are you inquiring about a PA or a MD case? In PA, if you wanted to force the issue you'd probably have to file a petition with the court but I would recommend that you first discuss the issues you have with the current situation with an experienced family law attorney before filing anything. t's hard to know from what you've said here why you feel your daughter should not be staying with the grandparents more than with the mother.

Q: Do custody agreements between parents have to go though the PA family court system to be legally binding?

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
Custody and support agreements need to be entered as court orders to be enforceable. However, assuming neither parent disputes the terms of the custody agreement, the fact that it's not been entered as court order should not cause an issue with the support case.

Q: Separating from cheating husband who now pays child support for extramarital child. Seeking support for our kids.

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 13, 2019
Kathryn Hilbush's answer
Whether your children's support will be impacted by the existence of this new child depends on the incomes of all parents involved. The support rules state " When the total of the obligor’s [your husband] basic child support obligations equals 50% or less of his or her monthly net income, there will be no deviation from the guideline amount of support on the ground of the existence of a new family." That means that if the support order for the third children and your children, without...

Q: I received a larger amount for my child support beginning of last month. I haven’t received anything since then. Why?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 10, 2019
Kathryn Hilbush's answer
There's no way to respond to your question here. I would suggest that you call your Domestic Relations Office to obtain an answer.

Q: Baby’s father gave wrong income during child support hearing, can i do something about it?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 5, 2019
Kathryn Hilbush's answer
I suggest that you consult with a family law attorney to explain what you know. Hopefully it will be enough for the attorney to give you some advice and maybe even represent you in court. It sounds like it might be a stretch financially for you to pay for a private attorney. I don't know if you're in Philadelphia or one of the surrounding counties, but some of the counties have free attorneys associated with their Domestic Relations Offices. Also you can google free and low cost legal services...

Q: Actual custody vs reality; Additional children; Voluntary work reduction

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Mar 4, 2019
Kathryn Hilbush's answer
1. The court may choose to look at the "reality", but remember we go by the number of overnights, not daytime hours. You may want to consider filing to modify the custody order to reflect what you actually do.

2. Probably not on the new child and most likely not as to your new spouse if she earns income. The obligation for support is between the parents, not any new spouses.

3. It would depend on the reason her hours were reduced.

It would probably be helpful to you...

Q: What decides whether you are the custodial or non custodial parent? My child spends over 50% of the time with me.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Answered on Feb 20, 2019
Kathryn Hilbush's answer
If you have a court order for custody that should specify the periods of time when you have your child with you. If you don't have a court order, then you're going to have to demonstrate to the support court that the ch hild spends at least 4 overnights with you weekly, or 8 out of every 14. Anything less that that many overnights will be considered shared custody (7 out of 14 overnights) or partial custody (less than 7 out of 14). It's all in the overnights, not the daytime hours.

Q: Can I ask for a support case to be changed to the county I live in and the county my child resides and goes to school in

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 20, 2019
Kathryn Hilbush's answer
I believe you already asked a similar question on this site or another legal inquiry site. You can certainly try but without more information I can't give you much more guidance. I will give you the relevant PA procedural rules to read and then, if you want to try, either speak with your Domestic Relations Office or consult with an experienced family law attorney when you can discuss your situation in more detail.

Rule 1910.2. Venue. Transfer of Action.

(a) An action may be...

Q: How do I go about a family member collecting a death benefit check? How could I get the check put in my name?

1 Answer | Asked in Child Support and Social Security for Pennsylvania on
Answered on Feb 15, 2019
Kathryn Hilbush's answer
Your mother is currently receiving the funds as your representative payee because you are under age. You have several options. One is to go to the local Social Security office to find out if they can change that to your grandmother if you have sufficient proof that you live with her. Or your grandmother could file for child support against your mother at your county Domestic Relations Office. The SS benefits would be taken into account when an order was entered against your mother.

Q: Why do I have to wait until my motion hearing to file for child support again?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 13, 2019
Cary B. Hall's answer
I'm not sure you have to wait -- who told you so? Might as well go ahead and file now, and see what happens. If you need to file again in the future, then you'll do so. Nothing ventured, nothing gained, right?

Best of luck to you.

Q: If you have court for a motion hearing why can’t you file for child support until it’s settled?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 13, 2019
Kathryn Hilbush's answer
There are procedures to be filed in the court system. If paternity testing was done. the court needs to officially determine that he is the father, which obviously seems unnecessary to you since the results of the testing point to him. However, the orderly process of the court must be followed. You will be entitled to collect support from at least the date when you refiled, which I think you've already done. The hearing has just been delayed by the paternity testing. There is no reason for...

Q: I received support and when I go online to check my information on the child support site it says I’m still due payment

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 8, 2019
Kathryn Hilbush's answer
You should contact your local Domestic Relations Office for an explanation. There's no way any of us on this side of the screen can do that for you.

Q: If the noncustodial parent has another child how much would child support be reduce by in PA?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 6, 2019
Kathryn Hilbush's answer
Child support orders in PA are driven by income as well as custody. Whether having the second child could impact the amount of the support order depends on several factors, including whether there is a support order for the second child and how much of the paying parent's income would be taken if the two court orders were entered at the guidelines amounts. I suggest that you consult with an experienced family law attorney who can assist you by going over the details of your situation and...

Q: Ex changed LLC owner to his girlfriend & put himself on payroll. How can I prove it’s back in his name?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 5, 2019
Cary B. Hall's answer
Contact the PA Department of State and inquire about getting copies of the paperwork for the LLC. He can also be asked about it under oath at either a support conference or a Support Master's hearing.

Best of luck to you.

Q: My husband & I have custody of our niece; She is in a residential mental health facility are we able to get childsupport

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 4, 2019
Peter N. Munsing's answer
You need to contact an attorney for this to get the order amended.

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