If you have been ordered to pay child support in Pennsylvania, your first goal may be to figure out a way to stop paying child support. On the other hand, if you are receiving child support payments from your children’s other parent, you may be worried that the money may suddenly come to an end. Fortunately, the rules for when child support may be modified or terminated are pretty clear in Pennsylvania. If you are trying to end child support payments, or want to fight to continue receiving child support, talk to an attorney today. The child support modification lawyers at Cooper Family Law may be able to help you file the proper paperwork, and fight to represent your needs in court.
Why Does Child Support Exist?
Child support is a method that ensures the child will receive the same financial care as if they were living with both parents. Child support is put in place so that the parent with whom the child spends the most time can provide them with things such as a decent home, pay utilities, provide them with food, give them transportation to doctor appointments, enroll them in extra-curricular activities, and provide them with money for things like going to the movies. Child support can be a frustrating subject since many paying parents don’t see the money being spent “on their child.” However, it is in place to ensure that the child receives the greatest possibility of a good, well-rounded life.
When Does Child Support Ends?
In Pennsylvania, parents are expected to support their children until they become legal adults. Child support lasts until a child turns eighteen or they graduate from high school, whichever happens last. That means that if your child’s birthday is during their senior year of high school, your support will end in May/June with their graduation. If their birthday is after graduation, you may be required to continue supporting them until they turn 18. However, after that point, there may still be expectations for child support, such as agreements regarding payment for college tuition or continuing support obligations if the child is unable to take care of themselves due to disability.
What is the Process of Ending Child Support?
Child support cannot typically be ended, outright – someone must always support the child until they become an adult. The burden of caring for the child’s daily needs and day-to-day expenses typically falls to the parent who has physical custody of the child. The other parent is required to pay their fair share of money toward that support. The amount ordered often depends on the parents’ combined income and scales appropriately. This means that even if the parent paying support makes very little income, there will still be a specific amount ordered for monthly payments (though it will be comparatively small).
Child support orders are never terminated automatically. Even when the child turns 18 or graduates from college, you must still go to court to have the order terminated. When this happens, the parent receiving payments should be notified and have a chance to appear in court against the petition to terminate. This means that child support will never be spontaneously dropped and must continue to be paid as ordered until a court official says otherwise.
Can You Modify Child Support?
There are some cases where you may feel that paying support is no longer necessary or that you are paying too much. If you want to reduce your child support payments or attempt to have a judge cancel your child support obligations, you must go to court first. Some of these cases might include a significant decrease in pay on your part, your ex-partner getting a higher-paying job or the child coming to live with you full-time. While these are all good reasons to change child support, the details have to be worked out by a judge and not determined by yourself. Even if the other parent agrees to lower child support, don’t do it without a court order!
What Are The Dangers of Changing Child Support Yourself?
Some people choose to take child support modification into their own hands. For instance, if the child has moved in with them full-time, they may determine that child support is no longer necessary and stop paying it completely. This can result in serious consequences! The courts may choose to have your wages garnished or even pursue legal action such as jail time, loss of driver’s license, and even a felony charge! This cannot only do a lot to destroy your life but can also damage your relationship with your child. Even if you know child support is unfair or no longer necessary, do not stop paying without court approval!
How to Legally Change Child Support
If you are looking to change your child support agreement or end it, you need to talk to an attorney and then take it to court. Only a judge can determine if it’s time to modify your child support payments or terminate them completely. With the help of an attorney, you can file a petition for modification or termination, and then the judge can either accept or not accept the petition.
What Situations Can Change Child Support?
Your attempts to modify or terminate your child support agreement is generally only accomplished by showing a “material and substantial change in circumstances”. This usually involves some big, economic life changes. Some common examples of “material and substantial” changes may include the following:
- Changes in Jobs. If either parent has started making more or less money, it can significantly impact child support. While the lower-earning parent is still expected to help provide for the child, they may be expected to pay a lower amount if the other parent has a new job where they are making significantly more money. However, a step-parents’ income will play no role in child support at all – don’t expect your payments to be lowered simply because the other parent has married someone with more money.
- Losing a Job. If one of the parents has now become unemployed, it may significantly change child support payments until they find a new job.
- Medical Conditions or Injuries. If you or the other parent have recently been injured or developed a medical condition, it can change one’s ability to make money – impacting child support. Likewise, if the child is injured then child support payments may need to increase to cover their new expenses.
- The Birth or Adoption of Additional Children to Support. If one parent has recently had or adopted a new baby, the courts may modify the support payments so that all the children receive a fair amount of support.
- A parent moving in with family. If either of the parents moves in with family, their personal bills may be drastically reduced, leading to an increased discretionary income.
- Either Parent Caring for a Parent or Another Loved One. If one of the parties involved has to work as a volunteer caregiver, the courts will understand that they probably have less money to provide for their child.
How Is Child Support Calculated By The Court?
Child support is calculated by a judge by taking into consideration the amount of money made by both parents, and how they can each provide something for the care of their child. For instance, if the mother is earning $10,000 each month and the father only makes minimum wage, the mother will get less in child support than if she was making minimum wage as well. On the other hand, if the father had physical custody of the child then the mother would be paying an increased amount to the father in child support to ensure the child still enjoys a good and consistent quality of life. The number of children each parent supports also is included in the calculations.
Changes in these areas are often the most “material” changes courts see. For instance, if the father is paying child support, but his new partner gives birth to another child, he may be entitled to a reduction in child support payments now that he has another mouth to feed. Alternatively, if the parent who has physical custody of the supported child loses their job, the other parents’ payments may change because the total combined income of the parents changed.
Philadelphia Child Support Modification Lawyers
Child support is a tricky and often frustrating subject. If you are involved in either side of a child support battle, it’s important to have proper legal representation that showcases your unique financial situation. By contacting one of our child custody attorneys, you can talk about what can change your child support payments and how to ensure you get the best deal while still helping to provide for your child.
The Philadelphia family law attorneys at Cooper Family Law may be able to help you get child support orders modified, or fight against petitions for modification. For a consultation on your child support case, contact our lawyers today.
