PAYING CHILD SUPPORT IN PENNSYLVANIA
Child Care Information Services (CCIS), Department of Human Services
Amy Switalski, CCIS Director 19 South Washington Street, Waynesburg, PA 15370
Phone: 724-852-5277 or toll-free at 888-355-CCIS (2247) / Fax: 724-852-5297
Office Hours: 8:30 a.m. - 4:30 p.m., Monday - Friday
Pennsylvania Support Guidelines:
The Pennsylvania Support Guidelines provide direction for setting the amount of a support order and were established with the concept that children of separated, divorced, or single parents should receive the same amount of parental support as children whose parents are together. The Support Guidelines make financial support of a child a primary obligation and are based upon the reasonable needs of the child and the ability of the noncustodial parent to provide support. The Support Guidelines are also used to determine obligations in spousal support cases.
The Support Guidelines are in the Pennsylvania Rules of Civil Procedure 1910.16-1 through 1910.16-7. Click here for detailed information about the Support Guidelines.
What Non-Custodial Parents Need To Know:
Pennsylvania's child support program is a combined effort by federal, state and county governments to collect money from non-custodial parents. The Department of Public Welfare, which oversees the state's child support program, contracts with county domestic relations sections of the court to perform the responsibilities of support establishment, enforcement and collection. The main goal of the program is to ensure that children are supported by both parents so that families can remain off public assistance.
The following questions and answers serve as a guide for non-custodial parents to help explain the child support system. If you need additional information, contact your county domestic relations section for the phone umber and address of the nearest non-custodial parent advocacy group.
How is child support established? Answer: In order to establish child support, the custodial parent must file a complaint through the county domestic relations section, the local hand of the court that handles child support issues. The domestic relations section staff will then send the non-custodial parent a copy of the complaint with a notice requiring attendance at a conference on a specific date.
When the court determines the amount of the support order, do they look at my income or are my expenses considered? Answer: The court determines child support by looking at the monthly net income of both the custodial and non-custodial parents, and the number of children. Only the following items can be deducted from the monthly gross income: federal, state and local income taxes; FICA and non-voluntary retirement payments; union dues; and health insurance premiums for the benefit of the children.
What if an agreement cannot be made at the support conference? Answer:If an agreement cannot be made at the support conference, your case will be given to a hearing officer. If your case is local (you live in the same county), the hearing may be held the same day as the conference. If you are involved in an out-of-county or out-of-state case, the hearing will be continued four to six weeks after the conference. Special permission can be given to proceed with a hearing on the same day.
Following the conference, the hearing officer will either give you a copy of the child support recommendation or mail the recommendation shortly thereafter. The recommendation will contain the amount of support that you are to pay and will also address any other issues related to support.
Either you or the custodial parent may file a written appeal within 10 days if the recommendation was given at the hearing. If appeals are not filed within this time frame, the recommendations will become an order of the court.
(NOTE: Even if an appeal is requested, you are still required to pay the established court-ordered amount until a judge hears your case.)
Am I responsible for my child's medical expenses? Answer: A new state law requires non-custodial parents to provide medical coverage for their children. If you are enrolled in an insurance plan at work, you will be required to include your child under this coverage. If you are not covered by any insurance plan, you will be required to obtain medical coverage, if available, at a reasonable cost.
If I am charged in a paternity suit and I deny fatherhood, what rights do I have? Answer: You may request a blood test or a trial by jury. If you choose a jury trial, most courts require that you have an attorney. If you cannot afford an attorney, you can make arrangements to obtain free legal services.
If I am not employed, is there any way the court can collect back support payments? Answer: There are a number of ways the court can collect back support payments. These include: interception of your federal tax refunds, unemployment benefits and state lottery winnings, requirement to sell your personal assets, or placement of a lien on your personal property.
Do I have the right to withhold court-ordered child support payments if the custodial parent refuses to let me see my child? Answer: No, you cannot withhold court-ordered child support to obtain visitation. These are two separate issues.
You must get a court order for visitation. If there is already a court order for visitation but the custodial parent is not complying with that order, you may need an attorney to file a contempt for custody petition. If you choose not to hire an attorney, instructions for preparing and filing a custody petition or contempt of a custody petition can be obtained at a law library.
If I pay more than half of the child support, can I claim my child as a deduction on my federal income tax return? Answer: This matter is determined by the federal government thorough the Internal Revenue Service (IRS). IRS rules state that custodial parents receive the deduction unless they assign or give up this right to non-custodial parents. IRS Form 8332 (Release of Claim to Exemption for Child of Divorced or Separated Parents) can be obtained for transfer of deductions. It also is possible under certain circumstances to have the deductions assigned to non-custodial parents on the support order.
If I purchase gifts, clothing or other items for my child, can I get credit for this on my support payment account? Answer: The court views any items purchased for your child as "gifts" and does not allow you to credit them toward your support obligation.
What happens if I am delinquent in my support payments? Answer: If the custodial parent is not receiving welfare and you are delinquent any amount, the court may attach our wages at the request of the custodial parent. If you are more than 30 days delinquent, your wages will automatically be attached.
If the custodial parent is receiving welfare, your wages will be attached upon establishment, modification or enforcement of the court order, regardless if you are delinquent or not.
If your wages are to be attached, a court order will be forwarded to your employer requiring reduction of your wages to pay child support. By law, the employer is not permitted to take any adverse action against you due to a wage attachment. The reduction in pay will usually occur by the time you receive your next paycheck. The wage attachment will remain in effect until your obligation to pay child support has ended.
If the court says I owe back support and I disagree with the amount, how can I get this resolved? Answer: You have the right to request and obtain a written transcript of your support payment account. If your records disagree with the court's records, you can make an appointment with the domestic relations section to resolve the discrepancies.
If I lose my job and can no longer meet my support obligation, what recourse do I have? Answer: Your obligation to pay support does not stop. Contact the court immediately about your situation. You must petition the court as soon as possible to reduce your support or have it suspended. The court can only modify a support order back to the date of the petition, so it is in your best interest to act quickly.
If I fail to pay the required support, can it affect my credit rating? Answer: Yes. If information is requested by credit bureaus, the court must provide records on back support payments of more than $1,000. If this should occur, the court will notify you.
When does my child support obligation end? Answer: Pennsylvania law states that you are obligated to pay support until the child reaches age 18 or graduates from high school, unless you wish to help with further education.
CHIP (Pennsylvania's Children's Health Insurance Program) -- to apply or for more information, call: 1-800-986-KIDS (5437) or go to: www.chipcoverspakids.com
For general information, please contact the Information Services at 724-852-5399 / Toll Free: 1-888-852-5399. County Office Building, 93 E. High Street, Waynesburg, PA 15370
