Child support is court-ordered payments that are made by one parent to the other parent of a child for the benefit of that child. The child support laws in each state will outline the amount of child support based on the custody arrangement or how much time the child resides with each parent in addition to their income and finances.
The parent who does not have primary physical custody of the child or who lives with the child less than half the time is typically the parent that is ordered to make the child support payments.
Why Is Child Support Necessary?
Child support is used to provide for a child even in a situation where they do not reside with both of their parents. Raising children can be very expensive and both of the child’s parents are responsible for the financial support of their child.
Child support is necessary to ensure that both parents are fulfilling their financial obligations to their child. Child support payments are intended to be used for the expenses involved in raising a child, for example:
- Food, shelter, and clothing;
- Medical care and health related expenses; and
- Educational expenses.
Both of the child’s parents have an obligation to financially support their children. Mandatory child support is the means by which courts can ensure that non-custodial parents are contributing to the needs of their children.
The parent who is required to pay child support cannot escape the obligation. The parent who has physical custody of the child cannot refuse to accept child support payments that the court has ordered for their child.
Who Is Required to Pay Child Support?
In situations where the child’s parents do not equally share physical custody or where the child lives with one parent more than half of the time, the parent with whom the child spends less time will be required to pay child support.
Both a child’s mother and father can be ordered to pay child support. It is not necessary for parents to have been married to be ordered to pay child support.
In certain cases there may be a dispute regarding the identity of the biological father of the child. In these cases, the court will typically order a test to determine the paternity of the child prior to calculating and ordering child support payments.
It is important to note that adoptive parents will also be subject to child support laws. Absent an adoption, however, a step-parent is not obligated to pay child support to a step-child.
Is Child Support Retroactive in Pennsylvania?
Retroactive child support is a concept where a custodial parent can obtain child support payments from the non-custodial parent for the period of time where no court order was in place for child support. The custodial parent, who may not have informed the other biological parent of the child’s existence prior to applying for child support, may attempt to obtain child support going back to when the child was born.
However, under Pennsylvania child support laws, it is not possible to obtain retroactive child support going back to the birth of the child unless there is a court order.
What Is the Retroactive Period?
In the State of Pennsylvania, a non-custodial parent is only responsible for retroactive child support payments from the time the application for child support payments is filed. A non-custodial parent is not responsible for payments since the child was born or since the non-custodial parent separated from the custodial parent until the time that the application was filed.
For example, suppose a custodial parent filed an application in January and the hearing is set for March. If the custodial parent is awarded child support payments, then the non-custodial parent will only be responsible for child support starting from January.
What About Payment of Retroactive Child Support?
Depending upon the financial situation of the non-custodial parent, the retroactive child support must either be paid in full or spread over a few months. This will be outlined in the court order for child support including the specific details and requirements.
What Is a Waiver of Retroactive Payment?
A waiver of retroactive child support payment may be possible. In general, the court will not initiate any waiver independently.
In order to obtain a waiver under Pennsylvania family laws, a non-custodial parent and the custodial parent must come to an agreement to waive the entire amount or part of the amount. Normally, this occurs when the non-custodial parent has contributed to the financial support of the child during the pendency of the application or if the non-custodial parent paid for all of the legal fees associated with the child support application process.
The goal of this process is to be fair and to make decisions based on the child’s best interest.
How Are Child Support Awards Enforced?
Child support orders are the first step to ensure that parents are meeting their child support obligations. If, however, a parent is not making their required payments, a court may have to take additional steps to enforce the child support order.
There are several different ways a court may compel the individual to pay the required amount, including:
- Wage garnishment, where an employer is required to withhold a certain amount from the non-paying parent’s paycheck and forward the money to the parent who is supposed to receive the support;
- Garnishing the delinquent parent’s tax refund;
- Placing a lien on their property;
- Revoking their driver’s or professional license;
- Denying or revoking a United States Passport if the parent owes more than $2,500; and
- In rare cases. a parent delinquent in child support payments can be held in contempt of court for failing to follow the court order and be required to serve time in jail.
A parent who needs assistance enforcing a child support order can contact their local child support enforcement agency.
What Are Child Support Payment Modifications?
In certain cases, a parent may be able to request that a court modify a child support order. A modification typically requires the parent to show that they have experienced a change in circumstances.
The change in circumstances must affect their ability to pay or the needs of the child must have been affected. For example, qualifying changes in circumstances may include:
- A job change for either of the parents that increases or decreases their income;
- Changes to the visitation schedule or custody arrangement;
- Temporary economic hardship ;
- A child with a medical emergency; or
- A significant change in other needs of the child, for example, an increase in educational expenses.
Although a court will consider a change in circumstances as well as how it affects the child support order, a custodial parent is not permitted to make a unilateral decision to incur a big expense for the child and then attempt to force the other parent to pay for it.
This includes a decision such as sending the child to private school. The court will examine each situation on a case-by-case basis to determine what share, if any, of each new expense each parent will be responsible for paying.
Should I Consult a Family Law Attorney in Pennsylvania for Retroactive Child Support Issues?
Family law issues and child support issues are usually not black and white. If you have any issues, questions, or concerns related to child support in Pennsylvania, it may be helpful to consult a Pennsylvania child support lawyer.
Your lawyer can advise you of the laws that apply to your situation. If you are a custodial parent, your lawyer can help you obtain child support payments as well as petition for a modification, if necessary.
If you are a non-custodial parent, your lawyer can help protect your rights and ensure that you are paying a correct and fair amount of child support. If you have a change in circumstances, your lawyer can petition the court for a modification of your payments.
