How to Get Child Support Reduced in Pennsylvania

There are many people who are required to pay child support in Pennsylvania, especially following a Pennsylvania divorce. Child support payments are made by one of a child’s parents to the other in order to fulfill their financial responsibility as a parent.

When the parent fails to make these required payments, the child may not receive the basic support they need. When a parent is ordered to make these payments, but there has been a change in their circumstances, and they are not able to pay the full amount or any amount, they can consult with a local Family Support Division (FSD) to determine their options.

Every state, pursuant to federal laws, is required to have procedures in place that allow for periodic reviews and adjustments of child support cases that state agencies handle. The child support agency will automatically conduct a review at least once every three years of child support orders for families that receive Temporary Assistance for Needy Families (TANF).

When a case does not involve TANF, a child support agency will give notice to the parent or custodian of the child that they have a right to request a review of the child support order at least once every three years. Both parents have the right to request a review of a child support order when they have a substantial change in circumstances. A child support agency can handle the review process in different ways when they work with the parent or custodian of a child, such as by:

• Reviewing and adjusting the order according to the child support guidelines if the amount ordered is different from the amount that would be awarded pursuant to the child support guidelines
• Applying a cost-of-living adjustment using to the child support calculation formula applied in the order
• Employing an automated method, such as an automated comparison with wage or state income tax data to:
  • identify orders that are eligible for review
  • conduct reviews
  • identify orders that are eligible for adjustment
  • apply adjustments

If a parent requests a reduction in their payment amount, they will have to show that there has been a substantial and material change in their circumstances, which may include, but is not limited to:

• Substantial reduction in income
• Loss of a job
• Major illness or disability
• Incarceration
• Cost of living change
• Changes in the child’s needs

For more information on how to lower child support payments in Pennsylvania, a parent should consult with a local attorney in Pennsylvania.

What Factors Can Lower Child Support?

There are numerous factors that may be considered when calculating child support, which may include:

• The amount of pre-existing court orders
  • For example, spousal support order amounts are deducted from the gross income of the non-custodial parent
• When the parent uses it during a job search or while they are at work, the net childcare costs of the custodial parent
• The cost of healthcare coverage for the child
• Whether the child has extraordinary expenses, for example, medical or special schooling needs, by agreement of the parents or based on an order of the court

If a parent has any additional questions regarding lowering their child support in Pennsylvania, they can reach out to a local attorney for answers and assistance.

What Is a “Substantial and Material Change”?

Even though a child support order can be automatically reviewed every three years, the parties to the order do not have to wait for that review time to request a change. Either of the parents can request a review and an adjustment of the amount paid when there has been a substantial and material change in their circumstances.

Typically, the measure of a substantial and material change is that a new order amount will differ from the current amount by 15% or more. Child support agencies can only conduct reviews when the requesting party gives substantial evidence of the change in their circumstances.

All states will have their own formulas they use to calculate the amount of child support to be paid. However, most will typically evaluate:

• The incomes of the parents
• The number of children the paying parent has, whether biological or adopted, who currently live in their household
• The childcare expenses of the custodial parent
• The non-custodial parent’s medical insurance expenses they provide for the child
• Whether or not the paying parent has any other child support obligations

Whenever a court makes a decision involving a child, including Pennsylvania courts, they will make their decision following the child’s best interests standard.

What Is the Legal Process of Child Support Modification?

Even though the specific legal procedure for modifying a child support order can be different in each jurisdiction, there are general steps that are usually followed. The amount of child support that the paying parent may be ordered to pay is usually calculated following the Pennsylvania child support guidelines.

The State of Pennsylvania has an online child support calculator that allows parties to estimate their child support payment amount. It can also be used to help determine if an order can be modified based on the different calculation results.

If a parent believes their child support amount should be modified, they can request a modification in different ways, including:

• Filing a motion in court
• Requesting a Child Support Enforcement Agency (CSEA) review

If an individual files their request as a motion in court, they will have to serve the other parent with the proper paperwork. They may also be required to attend a hearing where they will present evidence of the change in their circumstances.

A court will have more flexibility than a CSEA in considering the unique situation of the parents and determining if the order should be revised. Having a lawyer handle court motions gives an individual the best chance at having their order modified as needed.

A parent can also submit their review request to the county CSEA. With this method, a caseworker will review the circumstances of the case to determine whether the child support order should be modified. The parents are not required to be present for these reviews.

The paying parent should keep making their required payments no matter which method they choose for review. If the CSEA or court determines that there has been a material change of circumstances, there will be an updated child support amount.

When Do I Need to Contact a Lawyer?

If you are a child support paying parent and you think your payment amount should decrease, you have options available to you. You can consult with a Pennsylvania child support lawyer who can advise you of your options and help you obtain a reduction in your support amount.

Remember to keep making your required payments to avoid additional legal issues and show that you are making a good-faith effort to pay. You can find a child support lawyer near you for free in just a few minutes using LegalMatch.

Simply submit your child support issue on the website, and within around 24 hours, you will get responses from LegalMatch member lawyers in your area. These messages will include the lawyer’s background, fee arrangements, and client reviews, which will help you choose the best fit for your needs.