How to Modify Child Support in Pennsylvania

The state of Pennsylvania vigorously enforces child support agreements. The state works under the assumption that child support payments are in place for the best interest of the child and that children should continue to receive the same level of financial support that he or she would have had if the family had stayed together.

However, the state also recognizes that circumstances can change for the child or either parent and child support payments may need to be adjusted. If that happens, you cannot simply decide to change the amount you are paying or demand that the other parent start paying more. There are specific steps to take and requirements to meet in order to modify child support in Pennsylvania, whether you are the parent paying or the parent receiving payments.

First, you should contact an experienced attorney, who can help you determine if your circumstances warrant a modification before you spend money on courts and fees. Your attorney can then work with you to help gather necessary data and follow the steps necessary to modify your child support order.

Here are a few guidelines to keep in mind as you go through the process.

  • You’ll need to file a “Petition for Modification of an Existing Support Order”. The faster you do this, the better. Until a new order is issued, parents paying child support must continue to make the required payments, regardless of circumstance. Your attorney can help with this.
  • In Pennsylvania, there are strict guidelines that dictate whether child support payments can be changed. Modifications are only granted when there are “material and substantial” changes in economic status for the child or either parent. A few examples that typically warrant a change in child support include (but are not limited to), the following:
    • Change in child needs – Circumstances may arise that change the financial needs of the child, such as the child begins school and daycare fees decrease, or conversely, the child enters the teen years and begins to drive resulting in increased expenses.
    • Significant change in parent income – A substantial increase or decrease in either parent’s income could necessitate a modification.
    • Change in parent employment – If either party becomes unemployed or takes a new job with a significant pay increase or decrease, a modification may be warranted.
    • Disability or illness – Significant disabilities that impact the parent’s ability to pay or provide for the child, or a disability or illness that affects the child, may warrant a change.
    • Custody – If there is a change in the custody arrangement, it may also be appropriate to modify child support to reflect the change in living costs.
  • Typically, a hearing is scheduled with the county Domestic Relations Section (DRS) that issued the support order. If both parents are in agreement with the modifications, you may be able to expedite the process.

Life changes and so support agreements may need to be adjusted. With systems in place to help children receive the level of support to which they are entitled, Pennsylvania follows strict guidelines for change. An experienced attorney can help review your situation and guide you through the process to get a new child support agreement in place that fits your unique circumstances.