Child Support Lawyer in State College, PA
Divorce or separation from your child’s other parent is one of the most stressful situations in life. Having to worry about how you’ll support your children makes it even worse. The Pennsylvania Child Support Program is meant to help by providing consistent financial support from your co-parent to help you raise your children.
If you need help with a child support situation in Centre County, Pennsylvania, or the surrounding counties, an experienced family law firm can help. Topinka Law is a family law firm dedicated to providing our clients with the highest-quality legal services. Protecting children from harm is our number one priority as a law firm. If you’re looking for legal help with child custody issues, protection from abuse matters, child support, or any other matter of family law, contact an experienced child support lawyer at Topinka Law today.
Pennsylvania Child Support Guidelines
All parents are legally obligated to support their children. In a divorce or upon the parents’ separation, if the parties are unmarried, the children may live with one parent while spending time with the other. Traditionally, the noncustodial parent pays child support to the custodial parent to help cover the expenses of raising children. It’s becoming more common in Pennsylvania for children to spend approximately the same amount of time with both parents if that is in the child’s best interest and is feasible for the parties. In that situation, the parent with higher income usually pays child support to the other parent.
How Does the Court Determine Child Support?
The Pennsylvania Courts of Common Pleas use the Child Support Guidelines to determine the amount of child support due. According to the Pennsylvania Child Support Program, the guideline aims to ensure children receive the same proportion of financial support from each parent as if they were still together.
Pennsylvania law states that the child support obligation is based on each parent’s proportionate share of their combined monthly net income. For example, if the combined monthly income of both parents is $5000 and they have two children, then the basic child support obligation is $1484 according to the Basic Child Support Schedule. Suppose the father’s monthly income is $ 3,000 and the mother’s monthly income is $ 2,000. In that case, the father earns 60% of the combined family income and is responsible for 60% of the basic child support obligation, or $890.40 monthly.
If you want to get an estimate of the amount of child support the court is likely to order, you can use the Pennsylvania Child Support Estimator. The estimator isn’t always accurate because deviations are possible, and the court can modify the amount for various reasons, but it should give you a general idea.
If you disagree with a child support order, you must appeal it within 20 days by filing a demand for a hearing with the county Domestic Relations Section.
Can a Child Support Order Be Modified?
Yes, it is possible to get a child support order modified if your circumstances have changed. According to the Pennsylvania Child Support Program, you must show a “substantial and material change” to get a child support order modified. Some reasons for a modification request include:
- The existence of income or assets not included in the original calculation
- A change in the child custody arrangements
- An increase in the cost of childcare
- An increase in the child’s health insurance costs
- A private agreement between the parents
- The emancipation of the child
- The death of the parent receiving child support payments
What Happens When Child Support is in Arrears?
When the parent who is supposed to make child support payments misses a monthly payment, they are said to be “in arrears.” According to the Pennsylvania Child Support Program, arrears can be either normal or retroactive. If a court orders child support, the order is backdated to the date the complaint was originally filed, and all child support accrued during that period is considered retroactive arrears.
If the noncustodial parent misses a regular monthly payment after the child support order is issued, the missing payment is in normal arrears. The court can take steps to enforce payment of child support in normal arrears, such as issuing an income withholding order.
Nonpayment of Child Support
If the noncustodial parent does not make child support payments, the court can order several other enforcement actions, including:
- Civil contempt
- Seizure of bank accounts
- Seizure of federal tax refunds
- Seizure of state tax refunds
- Suspension of licenses, including driver’s, hunting, fishing, and professional licenses
- Liens against property
- Interception of any lottery winnings
- Reporting to a credit bureau
- Denial of a passport
- Publication in the newspaper as a delinquent parent
- Probation or jail for up to six months
- A $500 fine
Healthcare Coverage
The court defines “reasonable cost” as:
- Not more than 5% of the noncustodial parent’s net monthly income, and
- Not more than 50% of the noncustodial parent’s net monthly income when combined with child support payments
If medical coverage is unavailable to the noncustodial parent at a reasonable cost, the court can order the custodial parent to acquire coverage instead. If coverage is not available to the custodial parent at a reasonable cost, then the court can order them to apply for coverage through the government, such as the Children’s Health Insurance Program.
Support Pass Through
If the custodial parent receives government cash assistance, the noncustodial parent doesn’t send child support payments directly to the custodial parent. Instead, they should send child support payments to the Pennsylvania Department of Human Services, which will then issue a Support Pass Through payment to the custodial parent. According to the Pennsylvania Child Support Program, the Support Pass Through payment is limited to $100 per month for one child or $200 per month for two or more children.
Contact a Pennsylvania Child Support Lawyer Today
Topinka Law is a family law firm in State College, Pennsylvania. If you need help with a child support situation in Centre County, Pennsylvania, or the surrounding counties, we can help. Our experienced child support attorney is dedicated to helping families like yours navigate difficult situations, such as divorce, in ways that protect children’s well-being. Issues we can help with include:
- Child support
- Child custody
- Protection from abuse
- Family law matters
If you are having trouble with child support or any other family law issue, contact us online or call 814-954-7280.