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Pennsylvania Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Pennsylvania on
Q: If you do not come to a PFA hearing can you get arrested?
James L. Arrasmith
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answered on Mar 25, 2024

If you are involved in a Protection From Abuse (PFA) case and fail to attend the hearing, the consequences depend on your role in the case. If you are the petitioner, the one who requested the PFA, not showing up could result in the dismissal of your case. This means the protective order may not be... View More

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: If I marry a single mom can I be held liable for child support if it doesn't work out?
T. Augustus Claus
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answered on Jan 10, 2024

In Pennsylvania, marrying a single mom does not automatically make you liable for child support for her children from a previous relationship. Child support obligations are generally tied to the biological or adoptive parents of the child. Marrying someone with children does not create a legal... View More

2 Answers | Asked in Family Law, Tax Law and Child Support for Pennsylvania on
Q: If a father pays child support in Pa does he get to claim child ever on taxes? Like every other year?
James L. Arrasmith
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answered on Dec 25, 2023

In Pennsylvania, as in other states, the right to claim a child as a dependent for tax purposes is not automatically linked to paying child support. Typically, the parent who has primary physical custody of the child for the majority of the year has the right to claim the child on their taxes.... View More

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2 Answers | Asked in Family Law, Tax Law and Child Support for Pennsylvania on
Q: If a father pays child support in Pa does he get to claim child ever on taxes? Like every other year?
Peter Christopher Lomtevas
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answered on Dec 29, 2023

Yes. The father can claim his children on his tax returns if the mother and father enter into a stipulation in court and agree for father to get the tax deduction. The parents can agree to alternate the deduction for each tax year, or they can agree to any other division of the deduction they wish.... View More

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2 Answers | Asked in Contracts, Family Law, Child Custody and Child Support for Pennsylvania on
Q: Child support PA: 3 kids with different women and I was ordered to pay 1k for my youngest. Do my other kids count?

I have a multi family child support case. I was ordered to pay 20% of my income for my youngest child. I asked for consideration of my other kids hearing master said I had to show proof of child support payments. How am I supposed to show proof if they are in my custody? I asked to show me proof... View More

Peter Christopher Lomtevas
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answered on Dec 15, 2022

In this question, the asker is arguing with himself, and as such cannot get a cogent response from us.

In general terms, multiple orders of child support are not enough to offset one another. Typically, an order of support must be actually paid to count as a deduction against another order...
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1 Answer | Asked in Child Support, Family Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Plaintiff not present at Child Support Contempt of Court Hearing – Unconstitutional?

1. I appeared at Contempt of Court Hearing regarding Child Support but never filed an Entry of Appearance

2. Plaintiff was not present, I objected, it was overruled

3. Judge stated on the public record that the court adheres to all the laws of the Federal Constitution and the... View More

Peter Christopher Lomtevas
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answered on Nov 22, 2022

This asker posed this question on Avvo. This was the response:

This question leaves some unanswered question one of which is who is the obligee. Is the obligee the custodial parent or is it the government who obtained an assignment of the obligation. The impression from this narrative is...
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1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Does my husband's income count as mine on child support as a stay at home mom?

I live in the state of Pa. I've been married to my husband for 6 years. My son's (7yo), bio father has recently stopped paying child support that we cordially agreed on after only paying for a year. I want to go through court and get it court ordered. But does my husband's income... View More

Peter Christopher Lomtevas
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answered on Nov 6, 2022

Pennsylvania law has long provided that a child support award is determined based upon the income of individuals who owe a duty of support to the child (the parents of the child). However, the Pennsylvania Superior Court deviated from that analysis, and considered the income of a parent’s new... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: If my parental rights were terminated and the child was being adopted, am I still responsible for new child support pay?

Mother has full custody, my rights were involuntary terminated and the child was entering a new family unit with a family member who desired to adopted the child.

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 19, 2022

If your parental rights were actually terminated in an Orphans Court proceeding, then you are no longer legally the child's father and would not be responsible for child support after the parental rights termination. You would still be responsible for paying any arrears owed in support prior... View More

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: My ex lives in TX & filed for child support. I'm in PA. I received mail from Domestics.

I know she filed some time ago but I wasn't working at the time. I just started working recently. Post office left a pink slip for me to pick up and sign for mail from Domestic Relations. If I don't sign and it's returned undeliverable, what happens? The mailing address is one that... View More

Peter Christopher Lomtevas
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answered on Mar 10, 2024

There are numerous and serious misunderstandings about what child support is and isn't. This response will be too brief to fully explain this conjecture. We will try as much as we can.

The first major misconception is that joblessness is no defense against child support. A prisoner...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: can you offer to drop a child support case if the other party agrees to sign away his rights?

I have full legal and full physical custody of my 3-year-old daughter. I have a teleconference call with my daughter's father and a child support conciliator. can I offer to drop the case if he signs his rights away. he didn't meet her till she was 7-month-old. old filed for custody... View More

Peter Christopher Lomtevas
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answered on Jan 14, 2024

We here are strictly prohibited from assuming the position of a lawyer representing a client and rendering legal advice. We cannot say what legal steps an asker must take to arrive at her legal conclusion. We can educate, and that is how best to approach this asker's question.

In a...
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1 Answer | Asked in Child Support for Pennsylvania on
Q: My live-in boyfriend and I are expecting a baby 2/24. Can I receive child support from him while pregnant in PA?

He is paying child support for 2 children from a previous relationship and I want to know if I’m entitled to child support while I am pregnant with his child

T. Augustus Claus
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answered on Jun 30, 2023

Child support orders are typically established after the child is born.

1 Answer | Asked in Child Support for Pennsylvania on
Q: What state has jurisdiction over a child support order in a divorce decree ?

My son just graduated high school. The divorce was in New Jersey in 2014. She resides in florida (6yrs) and I reside in Delaware (8yrs). My son was given an athletic scholarship to a school he will be dorming at in Georgia. I have seen that NJ law that a child could be supported up to 23, but... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 1, 2023

I suggest that you contact the attorney who handled your divorce in NJ. If you resolved your divorce and related matters with a Property or Marital Settlement Agreement. it may cover such an issue. Regardless. I believe that your first contact should be that lawyer or another NJ attorney... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I'm trying to figure out who has legal rights to my son?

Long story short, I seperated from my husband and had a child with another man before the divorce finalized. The man has made zero contribution to my child but did sign an acknowledgement of paternity at the hospital at the time my child was born. I filed for child support today and domestic... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 24, 2023

Consult with a local attorney experienced in family law. Domestic Relations should not be handing out legal advice. If your family was not intact when the child was born then it's not likely that your former husband has any support obligation for this child. Retain an attorney to guide you... View More

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: What is a good argument for reduced child support due to fixed income and permanent disability?

The child support formula being paid is mathematically impossible to pay. Living on a fixed income, “life” happens (unexpected vet/medical bills, etc.) and ex is very litigious, which requires retaining and paying lawyers constantly.

On a fixed income, it is impossible to pay off new... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

First you need to understand that the PA Support Guidelines do not take into account the multiple issues you raise. Your housing costs, credit card bills, unexpected expenses, etc. are generally not relevant. You may be able to convince a hearing officer/judge to deviate from the Guidelines but... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Is it possible to file for custody while pregnant?

I am pregnant with my first child and ended things with the father. I asked if we could come to an agreement between the two of us vs going to courts and he is now threatening to go for custody. He cannot take care of himself, he does not support himself. He lives at home with his parents and blows... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 14, 2022

No, you cannot file for custody until after the baby is born. You're lucky that his mother is supportive of you. She can be your greatest ally if you make sure that she sees her new grandbaby. I suggest that you consult with a local family law attorney for guidance.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: need help with foster care

Hi, We are senior grandparents to a drug dependent daughter and a father of our three grandchildren ages 5, 8, and 11. Youth service will not allow the children to be with their parents unsupervised. The children live with us and are cared for by us. Being both seniors we are on a fixed income... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 19, 2022

You can file a child support complaint against both parents. It might be helpful to you to first discuss the matter with an experienced family law attorney in your county, who can explain the process to you but, in the end, this is a case you can pursue on your own if need be.

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... View 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... View More

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