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.
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 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!