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Pennsylvania Child Support Questions & Answers
2 Answers | Asked in Child Support for Pennsylvania on
Q: Why is child support Based on one parent
Cary B. Hall
Cary B. Hall
answered on Mar 21, 2019

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... View More

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1 Answer | Asked in Child Support for Pennsylvania on
Q: What kind of trouble will I be in for not providing the non custodial parent with childcare receipts?

At my last child support modification hearing I was told by my conference officer that because of a Pennsylvania guideline change in October of 2017, that I am now suppose to provide the other party with receipts or proof of payment for my babysitter usage for our children. This has been close to a... View More

Cary B. Hall
Cary B. Hall
answered on Mar 21, 2019

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*...
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1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: Child stays at grandparents and mother stays with boyfriend anything I can do cause she is supposed to be with mother

Only goes with mother and boyfriend on weekends when I dont have her she is 9

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 13, 2019

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.... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on
Q: Do custody agreements between parents have to go though the PA family court system to be legally binding?

We are not married, and there are no issues with custody arrangements at this time. There will need to be a support agreement in place, however. Will not having a court authorized custody agreement cause a problem with child support?

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 13, 2019

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.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Separating from cheating husband who now pays child support for extramarital child. Seeking support for our kids.

The mistress has already put my husband on child support. I plan to leave him and I am going to seek child support. Will my child support amount be lower because she already has an existing order? I have 2 small children with him and they are one and two years older than her child.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 13, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: I received a larger amount for my child support beginning of last month. I haven’t received anything since then. Why?

My children are 16 yo and still in school. I also did not receive any information regarding this odd amount. Is there something I missed?

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 10, 2019

There's no way to respond to your question here. I would suggest that you call your Domestic Relations Office to obtain an answer.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Baby’s father gave wrong income during child support hearing, can i do something about it?

This is happening in Philadelphia,Pa. i just had our hearing. Im part time (sometimes 5-10 hours a week). I know for a fact the father makes over $13/hr (he actually said he makes 15/hr) and he works Mon-Fri (occasionaly the weekend as well). He is a subcontractor (so no pay stubs, direct deposit).... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 5, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Actual custody vs reality; Additional children; Voluntary work reduction

1. The original order granted 50/50 custody. However, for the past several years custody has shifted to 57/43 with me (the payor) having the children more. Will this be considered in the upcoming child support modification or is it always based off 50/50 despite the reality?

2. I have... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 4, 2019

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...
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1 Answer | Asked in Child Support for Pennsylvania on
Q: If someone files for child support does it go retroactively back to birth or does it start from the file date?

Custodial parent lives in PA. Non custodial parent lives in NJ. Child support would be filed in PA.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 25, 2019

It does not go back beyond the date of filing.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: What decides whether you are the custodial or non custodial parent? My child spends over 50% of the time with me.

I am being taken to court for child support however my child resides with me and goes to school in the county I reside in.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 20, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
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
Kathryn Hilbush
Kathryn Hilbush
answered on Feb 20, 2019

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... View More

1 Answer | Asked in Child Support and Social Security for Pennsylvania on
Q: How do I go about a family member collecting a death benefit check? How could I get the check put in my name?

Hello, I had some questions regarding to Social Security. My father had passed away years ago an I had been given a death benefit check. I'm currently 17 years old as of December 9th, of 2018 and pregnant, and I haven't lived with my mother in years. Yet she still collects the check for... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 15, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Why do I have to wait until my motion hearing to file for child support again?

We both know he is the father because we both got the results in the mail so do I ha e to wait for the court to determine what we already know for me to file for child support again?

Cary B. Hall
Cary B. Hall
answered on Feb 13, 2019

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.

1 Answer | Asked in Child Support for Pennsylvania on
Q: If you have court for a motion hearing why can’t you file for child support until it’s settled?

I took my child father off child support thinking he was going to help me with our son and now when I try to file to get it again they tell me I have to wait for the outcome of the motion hearing the hearing is to tell us about the dna test we took we got the results in the mail already what should... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
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

This month of $200 but I’ve yet to receive it? This month is basically over. Where is the additional money, and why am I still getting the same amount if we did a increase? When we went for increase on January 9th it said effective on that day. I’m still getting the same of $524 vs $635

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 8, 2019

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.

1 Answer | Asked in Child Support for Pennsylvania on
Q: If the noncustodial parent has another child how much would child support be reduce by in PA?

Noncustodial parent has child 50% of the time.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 6, 2019

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... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: Ex changed LLC owner to his girlfriend & put himself on payroll. How can I prove it’s back in his name?

He did this a yr ago at our hearing. He is $10,000 in arrears. I believe he put it back in his name or both after hearing

Cary B. Hall
Cary B. Hall
answered on Feb 5, 2019

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.

1 Answer | Asked in Child Support for Pennsylvania on
Q: My husband & I have custody of our niece; She is in a residential mental health facility are we able to get childsupport

She will be able to come home on weekends only and we are driving to the facility 2 x a week to do family counseling with her. Mom doesn’t really visit and dad goes once a week. We are primarily the ones seeking treatment for her. Parents have insurance on her and insurance pays the facility... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 4, 2019

You need to contact an attorney for this to get the order amended.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Paying support based on getting an annual bonus. I did not get one last year, can I get a credit for overpayments?

When we filed the first time the order was based on my annual income from the prior year which included a bonus that was 50% of my salary. I did not get the same bonus due to conditions at the company and just got my salary which means my salary is 66% of what it was the year before. I filed for... View More

Cary B. Hall
Cary B. Hall
answered on Jan 30, 2019

Probably not back in your pocket -- but you may be entitled to a credit towards future child support owed (meaning you may not have to make a child support payment for a few months, for example). Talk to your Domestic Relations office about those logistics when your petition to modify support... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: What is considered income for a hearing? Obviously salary, but what about things like investments?

It's easy to calculate what someone earns from their W-2, but what about thing like stock gains and other investments?

Cary B. Hall
Cary B. Hall
answered on Jan 30, 2019

Yes, that could be considered income as well. "Income" is defined at 23 Pa.C.S. sec. 4302, and includes (take a deep breath here):

"compensation for services, including, but not limited to, wages, salaries, bonuses, fees, compensation in kind, commissions and similar items;...
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