Pennsylvania Child Support Legal Questions

Child support is the obligation of a non custodial parent until the child turns 18 and graduates high school, whichever is later.  If custody changed, so would the child support.  However, custody cannot simply change without your agreement or a court order.  If you didn’t agree to it, you should consider an Emergency Petition to reverse the custody change. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.      Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Only your wife’s income will be considered for child support purposes, not yours.  Dad could argue an earning capacity such that, even if her income is $0.00, a conference officer could assign her a phantom income for support purposes.  However, if dad makes a significant amount, it will likely not amount to much. I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.        Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Child Support laws exist to help custodial parents obtain support from non custodial parents.  It has not been criminal for almost 50 years, but civil.  That means that only you can seek to obtain support which you would do through the Domestic Relations Office of your county.  If you are receiving cash assistance, welfare will take any support up to the amount of your cash payment. However, simply because DRO exists as a method of obtaining an Order for child support, doesn’t mean he will pay it.  Ultimately, he can be held in contempt for failure to pay a support order and incarcerated until he does pay, but that obviously doesn’t assure he will pay. I hope this has been helpful, but feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

that's a pretty interesting situation!   the simple answer is that you may have to continue to pay child support for your daughter, but the baby's father should be paying child support for the baby.  you may want to consult with an expereinced family court lawyer to assist you in this matter. best of luck. susan pearlstein... Read More

a cashed check is great proof that payment's been made, because the person cashing the check has to sign the back.  and the bank almost always has a copy of the check available for you.  if you want more proof, you can have her sign a receipt each time she receives money.   hope this helps. susan pearlstein... Read More

You may enter into a written agreement with your daughter's father, but it is not binding on the court and either of you maybring a suit to modify the terms of your orders regrading your daughter.  It certainly is not binding to agree that neither of you may file a new claim. If your daughter is going to be spending more time with her father and less with you as a result of the school change,  the father may file to modify the primary conservatorship and request that you be ordered to pay child support. This is true even if the father signs something stating he won't ask for the support to change and won't try to obtain custody.... Read More

are you old enough to go to the county courthouse and look up records?  if you are, then go to the courthouse in your county, and from there, go to the department where they keep the child support records  In PA that's usually the Prothonetary or Department of Court Records.  Tell them both of your parents names, and ask for their assistance to see if there is any child support order on record. good luck!... Read More

Child support is usually paid to the person who has the child in their care at least 50% of the time.  If mom does NOT have the child in her care, it's unusual for her to receive child support.  if you believe the child is being cared for by someone else, then you should take evidence of that with you to the support hearing.  keep in mind though, that dad may have to pay child support to whoever actually is the primary caretaker for the child.... Read More

id you were summoned in a child support case.  then yes, you could be in arrears if you've missed any payments, or part of any payments.  be prepared to show exactly how much you've paid to date, and to tell the court why you missed whatever payments you did, and how you will make up whatever you may owe.  if you can bring money with you, that's always helpful!  good luck.... Read More