According to the law of child support in Pennsylvania, child support orders are issued by courts and enforced by the state of Pennsylvania. In a child support order, a court directs one parent to pay the other parent money for the financial support of their child or children. A child support order may be part of a final decree of divorce or separation.
If a person ordered to pay child support by a court fails to make payments as ordered, the state of Pennsylvania engages in collection efforts. Collection efforts may include wage garnishment or other civil penalties. A local attorney in Pennsylvania would be able to provide more information about child support enforcement in Pennsylvania.
There are 2 main ways to end a child support obligation in Pennsylvania. One is voluntary termination. This is possible when the person who pays the support and the person who receives it voluntarily agree as part of a settlement agreement that the obligation may end. The other is involuntary termination.
Involuntary termination is the ending of the obligation by law, e.g., when the child for whom the payments are made reaches the age of 18. There is an exception if the child is still in high school when they reach the age of 18. If that is the case, the obligation continues until the child graduates from high school or turns 19. Judges include automatic termination dates, which stop child support in most of the child support orders they issue.
The situation might be different if the child has special needs and may not be able to become self-supporting when they turn 18, 19, or even 21. In these situations, monthly child support payments may have to be paid indefinitely. There may not be reasons to close a child support case.
When Is Child Support Ordered?
In some cases, the duty to pay child support arises from a Pennsylvania divorce or possibly a divorce in another state. Or a court may issue a child support order at the end of a paternity suit when the father of a child who is not married to the child’s mother seeks custody or visitation. Or a mother who is not married to her child’s father may ask a court to order the father to pay child support.
Whatever the type of case in which a child support order is made, as noted above a child support order is legally binding on the parent who is ordered to pay support. There are negative consequences and penalties for failing to pay child support when it is ordered by a court in Pennsylvania.
In Pennsylvania, child support payments are made by a parent who does not have custody to the parent who does have custody. Calculating child support is done by the court with reference to the Pennsylvania Support Guidelines. A custodial parent does not pay support because it is assumed that they cover child care as a natural consequence of the fact that the child lives with them.
In making decisions about child support, a Pennsylvania court considers the following factors:
- The child’s best interest standard and what would serve the best interest of the child
- The type of custody arrangement that the parents have, e.g., whether it is joint or sole
- The age of the child or children on whose behalf the support is paid
- The total number of children the parents have
- The income of both parents after deductions
- Additional childcare expenses.
A person may get an estimate of the amount they may have to pay at the Pennsylvania Department of Human Services website.
In some circumstances, a non-custodial parent may also have to pay retroactive child support in Pennsylvania. For example, if the child lived with one parent while the divorce was in process and the parent who did not have custody did not pay any support, a court might order the non-custodial parent to pay child support for this past period of time when the divorce is finalized.
How Is a Child Support Award Enforced?
In Pennsylvania, child support enforcement services are provided by a person’s local Bureau of Child Support Enforcement (BCSE) office. Most child support is paid through the withholding of the support amount from the paying parent’s income.
The Pennsylvania Child Support Enforcement System maintains a record of all child support orders in the state. If a person is not subject to an income withholding order, they may pay by personal check, cashier’s check, or money order.
The BCSE may have the authority to petition a family court to get a parent to pay their child support using such measures as the following:
- Civil Contempt of Court
- Jail for up to Six months, a Fine of Up to $500, or Probation for Up to Six Months
- Seizure of the Paying Parent’s Bank Accounts
- Seizure of Any Personal Injury or Workers Compensation Awards Made to the Paying Parent
- Seizure of the Paying Parent’s Tax Refunds
- Suspension of the Paying Parent’s Driver’s, Professional, Occupational, and/or Hunting & Fishing Licenses
- Denial of an Application for a Passport
- Placing Liens on Real Property of the Paying Parent
- Seizure of the Paying Parent’s Lottery Winnings
- Reporting Past Due Child Support to Credit Reporting Agencies
- Identification in a Local Newspaper of the Delinquent Parent
If the court decides the non-custodial parent could pay some or all of the amount owed, the payer can be held in contempt of court. Penalties for contempt of court may include any of the enforcement methods listed here, such as suspending a driver’s license, plus fines, jail time, and other penalties. Additionally, the non-paying parent may be charged with a misdemeanor or felony criminal offense and face jail or prison time.
If the paying parent moves out of Pennsylvania, the support order may still be enforced in any other state in the U.S. under the Uniform Federal Family Support Act.
How Can I Avoid a Child Support Increase?
If a person is curious as to whether the law entitles them to a change in their child support award, they may want to talk to a family law attorney to determine what their potential obligation could be.
It is important to note that the guidelines do not automatically adjust an award of child support. A parent who wants an increase would have to petition the court to modify their support order with the appropriate Domestic Relations Office in their county. Another possible approach is to negotiate an increase with the paying spouse.
A paying parent might wish to discuss the recent modifications to child support law in Pennsylvania with a Pennsylvania family law attorney.
How Can I Stop Paying Child Support?
A person can stop paying child support only when their legal obligation to pay has ended. One thing a person should not do is stop paying their court-ordered child support unless it is very clear that the obligation to pay it has ended legally.
Do Child Support Payments End Automatically?
Specifically, child support ends in Pennsylvania when:
- The child turns 18
- The child graduates from high school
- The child becomes legally emancipated
- The child enlists in the military
- The child gets married.
How Do I Get Past Due Child Support Dismissed?
Sometimes, a person may fall behind on their basic child support obligations. It is not legally possible for a person to end their child support if they owe past due child support payments. Accordingly, a person should work out a plan to pay off any unpaid child support debt that they may have. A lawyer should be contacted if there are specific questions about a motion to dismiss child support arrears.
Do I Need a Lawyer for Help with Terminating Child Support?
If you have concerns about the child support you are paying or receiving, you want to talk to a Pennsylvania child support lawyer. LegalMatch.com can connect you to a lawyer who can analyze the unique facts of your case and make sure your rights are protected.
