In addition to being an emotionally difficult subject, the laws surrounding child support are complex. Successfully navigating a child support modification case in Pennsylvania requires careful strategy, and representation by an experienced Pennsylvania child support attorney is essential. The Pennsylvania family law lawyers at Schwartz, Fox & Saltzman, LLC have successfully represented parents in child support modification matters for over three decades.
In this article, our law firm provides the tips and information you need to strengthen your case and increase the likelihood of a successful outcome.
Tips to Strengthen Modifying Your Child Support Obligation
Once a court issues a child support order, it remains permanent until a child turns 18 or graduates high school, unless modified by the court. As parents are legally obligated to support their children under Pennsylvania law (§4321), modifying a child support order is appropriate when circumstances change that warrants modification. Stated simply, building a strong case and retaining experienced legal representation can increase your chances of obtaining a favorable modification.
Find an Experienced Family Law Attorney
Many people make the mistake of failing to retain a Pennsylvania child support lawyer. Securing the assistance of an experienced family law attorney is crucial to modify child support. A knowledgeable Pennsylvania child support attorney can provide guidance, navigate legal complexities, and ensure your case is prepared and presented effectively.
Provide Adequate Documentation of Changes in Circumstances
Pennsylvania law (§4352 and §4353) imposes a duty on both parents to report any changes in their circumstances to the court. Sometimes, parents ignore this requirement. If you suspect a change in the other parent’s employment or financial status, you should attempt to obtain documentation regarding their work schedule, job title, and spending habits.
The Paying Parent is Spending More Time Taking Care of Their Child
Generally, Pennsylvania law requires the non-custodial parent to pay child support based on the Pennsylvania Child Support Guidelines (231 Pa. Code Rule 1910.16-3). However, the non-custodial parent is entitled to a reduction in their child support payments if they can prove they have forty percent or more custody time with the child. If you are the non-custodial parent, you should keep detailed records of your time with your child, including overnight visits.
The Receiving Parent Starts Making More Money
Fundamentally, child support is meant to support a child financially. Accordingly, a child is entitled to benefit financially when one parent begins earning more money. If you suspect the other parent is making more money and failed to report their financial status properly, you should consider filing to modify the order. Under Pennsylvania law, you may be able to obtain retroactive child support.
The Paying Parent Starts Making Less Money
Child support orders are not absolute. Pennsylvania law allows a parent to seek a modification of a child support order if they lost their job or were forced to take a position in which they earn less money. If you require child support modifications due to losing your job, you should collect documentation showing your job loss was not deliberate and resulted from factors outside your control.
Document Changes in the Child’s Needs
If you are the custodial parent, you may be able to obtain additional child support if you can prove your child has new or additional expenses. Changes in the child’s needs, such as educational expenses, medical costs, or extracurricular activities, should be carefully documented. Providing clear evidence of these changes is vital in justifying a child support order modification.
Communicate with Your Ex-Spouse
An existing child support order can be modified if both parents provide their consent. Open communication with your former spouse can help you remain on good terms and avoid expensive litigation. While not always possible, discussing the proposed modification and demonstrating a willingness to collaborate can positively impact your case.
Submit a Complete Child Support Modification Form
Child support cannot be modified privately. A child support order must be modified by the court which originally issued it. Accordingly, if you are contemplating filing to modify, it would be prudent to speak with a good family lawyer.
How a Good Child Support Lawyer Helps Your Modification Case
An experienced Pennsylvania child support lawyer can help you gather evidence to obtain a modification. The experienced Philadelphia child support attorneys at SFS can navigate legal complexities, advocate for your interests, and present a compelling case to the court. Contact our law firm today to learn more about our services.
When to File for a Child Support Modification
If there are significant changes in circumstances, such as income fluctuations or alterations in your child’s needs, it may be an appropriate time to seek a modification. Alternatively, you should also seek a modification if you recently lost your job or experienced a catastrophic life event that has negatively impacted your earning capacity. Consulting with a Philadelphia family law attorney can help determine the optimal timing for your case.