Pennsylvania Child Support Order

Pennsylvania child support order is the court-issued directive requiring parents to provide financial support for their children, established through the county Domestic Relations Section following a step-by-step process beginning with filing a Complaint for Support, attending a conference before a Conference Officer who calculates support amounts using state guidelines based on both parents' incomes, and resulting in either a consent order when parties agree or an interim order subject to appeal within 20 days.

What is a Pennsylvania Child Support Order

A Pennsylvania child support order is a legally binding court directive establishing the amount one parent must pay to support their children.

Purpose and Authority

Pennsylvania child support orders serve to:

  • Ensure children receive adequate financial support from both parents
  • Establish clear payment obligations and schedules
  • Provide enforcement mechanisms when payments aren't made
  • Define duration and terms of support responsibilities

These orders are issued by Conference Officers, Hearing Officers, Support Masters, or Judges depending on the county and whether the case is contested.

Who Must Follow Support Orders

Pennsylvania child support orders apply to:

  • Biological parents regardless of marital status
  • Adoptive parents with legal parental rights
  • Parents who never lived with their children
  • Parents with no contact with children (unless parental rights were legally terminated)

Even unemployed parents can be ordered to pay support unless unable to work due to disability, and voluntary unemployment or job loss for cause typically doesn't relieve support obligations.

How to Obtain a Pennsylvania Child Support Order

Establishing a child support order follows a structured process through county Domestic Relations offices.

Step 1: File Complaint for Support

  • Visit your local county Domestic Relations office
  • Complete an Application for Child Support (no attorney required)
  • File in the county where the defendant lives or works, or where you live
  • No filing fee is required for support complaints

Step 2: Income Information Gathering

  • Domestic Relations subpoenas earnings information from both parents' employers
  • Parties complete income and expense sheets
  • Gather documentation including recent pay stubs, tax returns, and proof of expenses

Step 3: Support Conference

  • Conference scheduled typically a few weeks after filing
  • Held before a Conference Officer (county-hired staff, not judges or attorneys)
  • Only parties and their attorneys typically attend unless others are testifying
  • Bring documentation of childcare costs, medical insurance, private school tuition, extracurricular activities, and mortgage payments

Step 4: Support Calculation

  • Conference Officer reviews income information and expense documentation
  • Calculates support using Pennsylvania Supreme Court guidelines
  • Suggests support amount based on formula
  • Parties or attorneys present arguments for higher or lower amounts

Step 5: Order Entry

  • If parties agree, they sign a consent order
  • If parties disagree, an interim (temporary) order is issued, often including wage attachment
  • Interim orders are sent to both parties with notice of 20-day appeal period
  • If neither party appeals, interim order becomes final
  • If appealed, case proceeds to hearing before a Judge or Support Master

Retroactive Support

Pennsylvania child support orders can be made retroactive to the date the support complaint was filed, not the date of separation. This creates arrearages (back support) that the paying parent must address through payment plans.

How Support Amounts Are Determined

Pennsylvania uses a systematic approach calculating fair support amounts based on parental incomes and children's needs.

Income Shares Model

Pennsylvania's formula is based on the principle that children should receive the same proportional benefit from parental income whether parents live together or apart.

Calculation Components:

  • Combined net monthly income of both parents
  • Number of children requiring support
  • Basic support obligation from state schedule
  • Each parent's percentage of combined income
  • Adjustments for additional expenses

Factors Affecting Support Amounts

  • Children have special or extraordinary expenses (significant medical costs, disabilities)
  • One parent has unusually low living expenses through shared housing
  • Additional costs for private school tuition or specialized care

Reasons for Lower Support

  • Parties share physical custody equally (20% reduction for true 50/50 custody)
  • Paying parent has extraordinary expenses like high medical bills
  • Paying parent supports other children or pays most marital debts
  • Paying parent's income falls below $931 per month and living expenses are reasonable

Conference Officers typically ignore voluntary debt for luxuries like new cars or electronics, as children's needs take priority over discretionary spending.

Medical Coverage Requirements

Pennsylvania child support orders can require the paying parent to:

  • List spouse and children on medical insurance available through employer at reasonable cost
  • Pay a percentage of annual insurance premiums
  • Cover percentage of uninsured, unreimbursed medical expenses exceeding $250 per year

Enforcing Pennsylvania Child Support Orders

When support isn't paid as ordered, multiple enforcement mechanisms ensure compliance.

Wage Attachments

The primary collection method involves wage-attached payments where:

  • Support is deducted directly from the paying parent's paycheck
  • Employers send payments to the state for distribution
  • Collections occur automatically without requiring action from receiving parent
  • Employers managing wage-attached employees can handle processing through the Pennsylvania Child Support Website

Collection Actions

When support payments are more than 30 days late, Domestic Relations can initiate collection through:

Financial Intercepts

  • Federal and state tax refund seizures
  • Unemployment compensation intercepts
  • Workers' compensation intercepts
  • Lottery winnings attachments

License Suspensions

Parents more than three months behind can lose:

  • Driver's licenses
  • Hunting and fishing licenses
  • Professional licenses

Property Liens and Sales

  • Domestic Relations can place liens on property
  • Sheriffs can sell belongings (houses, cars, etc.) to collect arrearages
  • Arrears can be reduced to judgments for collection like any creditor debt

Contempt of Court

The receiving parent can ask Domestic Relations to file contempt charges against parents who willfully fail to pay. Consequences include:

  • Fines imposed by the court
  • Imprisonment for continued willful non-payment
  • Requirement to pay receiving parent's attorney fees if they hire representation for contempt action

Modifying Pennsylvania Child Support Orders

Support amounts can be changed when circumstances substantially change for either parent.

Grounds for Modification

Material and substantial changes warranting modification include:

  • New job or employment changes
  • Significant raise or pay reduction
  • Job loss (unless voluntary or for cause)
  • Change in custody arrangements
  • New ongoing childcare expenses
  • Changes in medical insurance costs or medical needs
  • Incarceration of either parent
  • Remarriage affecting financial circumstances

Modification Process

  • Either party can ask Domestic Relations to schedule a modification conference
  • Provide documentation of changed circumstances
  • Follow similar procedures as initial support conferences

Pennsylvania updates support guidelines every four years. These updates constitute changes in circumstances, but modifications aren't automatic, parents must petition for adjustments based on new guidelines.

No Automatic Reviews

Unlike some states, Pennsylvania doesn't automatically review support orders at regular intervals. Parents must affirmatively request modifications when circumstances change.

Duration of Pennsylvania Child Support Orders

Support obligations have defined start and end dates based on children's ages and circumstances.

Standard Duration

Pennsylvania child support continues until:

  • Children turn 18, OR
  • Children graduate from high school, whichever occurs LATER

This ensures high school students over 18 continue receiving support until graduation.

Extended Support

Support may continue past age 18 and graduation for children unable to support themselves due to:

  • Physical disabilities requiring ongoing care
  • Mental conditions preventing self-support
  • Other circumstances making independence impossible

No College Support Requirement

Pennsylvania law doesn't require parents to pay child support for college expenses. Support obligations end at high school graduation for children over 18 without qualifying disabilities.

Special Situations

Certain circumstances create unique considerations in Pennsylvania child support orders.

Paternity Challenges

When fathers deny paternity:

  • Courts may not listen to denials if parties were married when child was conceived
  • Courts may reject denials when men treated children as their own for extended periods
  • In other cases, courts can order DNA testing using saliva samples
  • If DNA confirms paternity, denying fathers may be ordered to pay lab costs

Shared Custody Arrangements

When children spend 40% or more time (146+ overnights annually) with the paying parent:

  • Basic support obligation is presumed reduced
  • Typically results in 20% reduction for true 50/50 custody
  • Receiving parent can argue against reduction (rebuttable presumption)
  • Even in equal custody, higher-earning parent typically pays reduced support

Unemployed or Underemployed Parents

Conference Officers can assign income based on earning capacity when parents are:

  • Voluntarily unemployed without legitimate reasons
  • Underemployed working below their capabilities
  • Capable of earning more based on education, skills, and work history

This prevents parents from avoiding support by deliberately reducing income.

Agreements Between Parents

While parents can agree on support terms, Pennsylvania law protects children's interests through judicial review.

Voluntary Agreements

Parents can reach support agreements without court involvement, but:

  • Agreements outside Domestic Relations can't be court-enforced
  • State collection mechanisms aren't available for private agreements
  • Parents can discontinue court-ordered support if both agree
  • Dropping court orders eliminates enforcement and collection tools

Court Approval Required

All support agreements must be submitted to courts for review. Judges:

  • Presume agreements significantly below guideline amounts don't provide fair support
  • Will order guideline-consistent amounts instead if agreements are inadequate
  • Protect children's rights to appropriate support regardless of parental agreements

Pennsylvania child support order is a legally binding court directive established through county Domestic Relations offices following a step-by-step process from filing Complaints for Support through conferences before Conference Officers who calculate amounts using state guidelines, resulting in either consent orders when parties agree or interim orders subject to 20-day appeals.