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Pennsylvania Child Support Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

Ryan L Hyde
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... View 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... View 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... View 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...
View 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

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Can i put my kids in protective custody when mu ex leaves the 15 and 10 yo has heart defects? Home alone overnight

The ex has a tendency to lesve the kids home alone friday nights no babysitter with alot of men i do not know or trust knowing they are typically home alone without her there at times. Its a safety concern she refuses to listen to and always tells me to its my life dont tell me how to live it.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 26, 2019

You should discuss this situation with an experienced family law attorney. If the circumstances are as you say, there are several options. Talk to an attorney in person please.

1 Answer | Asked in Child Support for Pennsylvania on
Q: If your child enlist in the military does said child become emaciated and end court order for support?

Child will be 18 in February and mother has already signed consent form .

Peter N. Munsing
Peter N. Munsing
answered on Dec 11, 2019

Generally yes, but look at the terms of the support order. I'd think you'd want to support any youth enlisting at a time of war.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Me and my ex have to go for child support, I live at home and pay bills such as wifi, cable, phone bill eat as my "rent"

my ex has an apartment that he pays half of the $800 rent plus half of utilities, do the courts consider rent in calculating his support amount in PA? What if his girlfriend is giving him half of the rent in cash and then he pays the rent out of his account? Will courts look at that as him paying... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 11, 2019

Generally speaking, in PA the bills and other financial obligations of the parents, other than medical insurance, child's medical expenses, and childcare/tuition, are not relevant. The calculation of a support order is income, not expense, driven.

1 Answer | Asked in Child Support for Pennsylvania on
Q: My mother doesn’t allow me to see my son but has me paying child support every month... I was told

If I can’t see him, I don’t have to pay... is that true and how would I go about bringing that up? I’ve been paying since June or July now...

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 11, 2019

In PA child support and child custody are separate in that , if you have a support order, you still have to pay it regardless of whether or not you see your child. If you want to see your son and your mother s not willing, then you're going to have to go to custody court to obtain time with him.

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: Can garnished payments for child support arrears be modified by custodial parent via court?

NCP arrears payments that were approved by court are being garnished out of his pay, but now CP wants payments to be increased. Can CP have court increase arrears payments, and if yes, under what circumstances? All kids are over 18, no longer live with CP and 1 passed away in 2015.

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 11, 2019

The CP can request that the court increase the arrears payments. Whether she/he will be successful depends on a number of factors. A petition would have to be filed in order to make this request.

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