The laws regarding the termination of child support in Pennsylvania are complex and sometimes confusing. If you want to know when your obligations for paying child support end in PA, you need the services of an experienced Pennsylvania family law attorney.
The Philadelphia child support attorneys at Schwartz, Fox & Saltzman, LLC, have prepared this article to provide a guide on the conditions and legal processes for ending child support in Pennsylvania.
When Child Support Ends in Pennsylvania
A parent generally must pay on child support orders in Pennsylvania until their child reaches the age of 18, the “age of maturity,” or when their child graduates high school, whichever happens later. However, there are special exceptions for when child support ends in Pennsylvania including emancipation, military enrollment, or marriage. Additionally, a paying parent’s child support obligations may be extended beyond the age of maturity for children with special needs or as outlined in your agreement.
Parents are legally obligated to provide financial support to their children. This obligation exists no matter the relationship status between the parents. However, this obligation is not indefinite as there are legally recognized conditions that terminate a parent’s obligation to pay child support in Pennsylvania.
Your Child Reaches the Age of Maturity
A child is considered to have reached maturity when they reach the age of 18 or graduates from high school, whichever is later, as stated below. Under Pennsylvania child support laws (§4321(1)), your obligation to pay child support ends when your child reaches 18. However, there are some exceptions to this rule, as explained below.
Your Child Graduates High School
Your child support obligation may end after your child graduates High School. If your child reaches 18 while in their senior year, you are obligated to pay child support in Pennsylvania until they graduate. Similarly, if your child turns 18 after graduating High School, you must pay child support until they turn 18.
Your Child Becomes Emancipated
In Pennsylvania, a child who is below the age of 18 can become emancipated. This means they have the same legal rights as an adult, i.e., an individual 18 or older. If your child has become legally emancipated, you are no longer required to pay child support under Pennsylvania law (§4323). Emancipation is very difficult to prove.
Your Child Enlists in the Military
Generally, a person must be 18 years of age to enlist in the military. However, a child can join the military if they are 17 and have permission from their parents. If your child enters the military and is below 18, your child support obligation is terminated as a military enlistment is considered emancipation.
Your Child Gets Married
Marriage of a child is another circumstance that may lead to the termination of child support orders. Under Pennsylvania law (§1304(b)), persons under 18 are not permitted to obtain marriage licenses. Theoretically, your obligation to pay child support in Pennsylvania may end if your 18-year-old child gets married while still in High School, as marriage is also considered a form of emancipation.
Modifying Your Pennsylvania Child Support Agreement
A child support agreement cannot be arbitrarily modified. Instead, changing a child support agreement in Pennsylvania requires you to follow the appropriate legal process. Specifically, you must file a Petition for Modification pursuant to Rule 1910.19(a), demonstrating a “material and substantial change in circumstances” sufficient to justify a modification.
Can Child Support Get Extended?
In certain situations, child support in Pennsylvania may be extended. If your child has special needs that prevent them from becoming self-sufficient, you may be required to continue paying child support. Additionally, you may be obligated to continue paying child support in Pennsylvania after your child reaches 18 if you agree to this condition during your divorce.
Does a Child Support Agreement Automatically End?
Child support agreements do not automatically end. As the paying parent, you must take specific steps and follow the legal process to terminate your child support obligations in Pennsylvania. You may face legal consequences if you simply stop paying child support in Pennsylvania.
Steps the Paying Parent Needs to Take Leading Up to Termination
To be relieved of your obligation to pay child support in Pennsylvania, you must file a Petition to Terminate Child Support pursuant to Rule 1910.19. It is best to file this Petition well before a Pennsylvania child support order expires or before your child turns 18. This ensures a judge reviews your Petition promptly.
Child Support Arrears Owed After Support Ends
Sometimes, people fall behind on their basic Pennsylvania child support obligations. You cannot terminate child support if you owe outstanding child support payments. Accordingly, you should work out a plan to pay off any remaining Pennsylvania child support obligations.
What Happens If My Spouse Doesn’t Pay Court-Ordered Child Support?
Court-ordered child support payments are for the benefit of the child. If child support payments are not made, the Court may be utilized to compel payment. Once a court order for child support is in place, a parent who does not honor their support duties may be held in contempt and face fines, probation, garnishment, and even jail time.
Types of Court-Ordered Child Support
Types of court ordered child support actions may include:
- A parent who is unwilling to pay child support
- A parent claims to be unable to pay child support
- A parent claims not to be the biological parent of the child
- The government pursues a non-paying parent in the event the custodial parent is receiving government assistance, i.e., “welfare payments.”
Do You Still Need To Pay Child Support While Unemployed?
A parent may file a petition with the Court to modify a child support order if they experience a significant loss in income. While unemployment will not likely result in the permanent dissolution of a child support obligation, petitioning the court to address the issue is a responsible and proactive way to avoid willful non-compliance with a court’s order. The legal obligation to pay child support is to maintain what is in the child’s best interest and generally does not end due to the loss of employment.
Pennsylvania Child Support Payment FAQs
Are you a noncustodial parent who is paying child support in Pennsylvania? Do you want to know when you can no longer pay child support? The family law lawyers at Schwartz, Fox & Saltzman, LLC have successfully litigated Pennsylvania child support matters for over 30 years.
Do I Need To Pay Child Support for My Ex’s Child?
In Pennsylvania, a parent may need to pay child support, even if the child is not theirs if they acted in a parental role during the marriage. Called “paternity by estoppel,” it is a highly fact-specific type of case where the underlying test the Court applies is what is in the best interest of the child. While rather unusual, a parent with no genetic link to a child may be ordered to pay child support.
Do You Still Have To Pay Child Support If the Child Attends College in PA?
Maybe. Specifically, you will be required to pay child support or college costs if there is a written agreement between you and the other parent. Absent such an agreement or other legal obligation, if your child attends college, you do not have to pay child support in Pennsylvania once your child reaches 18 or graduates from High School.
Does Signing Over Parental Rights Stop Child Support in Pennsylvania?
Yes. When a person’s parental rights are terminated, they are no longer required to pay child support in Pennsylvania. This is because no legal relationship exists between them and the child.
Talk with an Experienced Philadelphia Family Lawyer for Your Pennsylvania Child Support Questions
If you want to terminate or modify your child support obligations, you need the services of a skilled Pennsylvania family law attorney. The lawyers at Schwartz, Fox & Saltzman, LLC, have successfully guided clients through the child support process for over 30 years. To learn more about our services, contact us today for a free consultation!