Best Child Support Lawyers in Philadelphia

About Child Support Law in Philadelphia, United States

Child support in Philadelphia is governed by Pennsylvania state law and administered locally by the Domestic Relations Section of the Court of Common Pleas of Philadelphia County and by state and federal child support enforcement programs. The system is designed to ensure that both parents contribute financially to a child"s needs, including basic living expenses, health care, and childcare. Support orders are usually based on the Pennsylvania Child Support Guidelines, which use parental income and the number of children to calculate a presumptive amount. Orders can also include provisions for health insurance, unreimbursed medical costs, childcare required for work or training, and other specific expenses.

Why You May Need a Lawyer

Child support cases often involve important financial and custodial rights. You may need a lawyer if any of the following apply:

- Paternity is disputed or has not been established and you need legal steps to establish parentage.

- One or both parents have complex income - for example self-employment income, irregular income, military pay, or income from investments - that complicates guideline calculations.

- There is a substantial or contested request to modify an existing child support order due to a change in income, custody, or the child's needs.

- There are enforcement issues such as large arrears, repeated nonpayment, or the need to pursue remedies like wage garnishment, contempt, or license suspension.

- The case involves unique expenses like significant medical needs, private school costs, extraordinary travel for visitation, or a question about college support.

- You are negotiating a separation agreement, divorce settlement, or parenting plan where child support must be calculated and secured in writing.

A lawyer can explain your rights, represent you at hearings, prepare financial documentation, negotiate agreements, and help enforce or defend against enforcement actions.

Local Laws Overview

Pennsylvania uses statewide Child Support Guidelines to calculate presumptive child support. The guidelines consider the combined net monthly income of both parents and allocate responsibility proportionally. Judges and domestic relations staff may apply the guidelines or deviate when there are valid reasons supported by evidence and written findings.

Paternity is required before an enforceable support order can be entered for children born to unmarried parents. Paternity can be established voluntarily by signing an acknowledgement, or by court-ordered genetic testing if contested.

Support orders in Philadelphia regularly address basic monthly support, health insurance coverage and uninsured medical expenses, childcare costs related to employment or vocational training, and reasonable extraordinary expenses in appropriate cases. Courts may order income withholding as the primary collection method, and the Philadelphia Domestic Relations Section actively enforces orders through administrative and judicial remedies.

Local enforcement tools include administrative income withholding, interception of tax refunds, liens on property, withholding of unemployment benefits, suspension of licenses, contempt proceedings, and cooperation with state and federal enforcement programs. Federal rules allow passport denial for seriously delinquent obligors subject to thresholds set by federal law.

Support typically continues until a child reaches the age specified by state law - generally 18 years, often extending to 19 if the child is still completing high school - unless a court order or agreement provides otherwise or the child is disabled and requires ongoing support.

Frequently Asked Questions

How is child support calculated in Philadelphia?

Child support is calculated using the Pennsylvania Child Support Guidelines. The process considers both parents" gross income from all sources, applies standard deductions to arrive at net income, combines the parents" net incomes, and allocates the child support obligation between the parents based on their proportional incomes and the number of children. The guidelines produce a presumptive support amount, and courts may adjust that amount for specific circumstances.

What do I do if paternity has not been established?

If parents are unmarried, paternity must be established before a child support order can be enforced. Paternity can be acknowledged voluntarily by signing a declaration of parentage, or a party can ask the court or the Domestic Relations Section to order genetic testing. Once paternity is established, a support order can be entered.

Can a child support order be changed later?

Yes. Either parent can request modification if there is a substantial and continuing change in circumstances, such as a significant change in income, changes to custody, or a change in the child's needs. The requesting parent must file a petition and show evidence supporting the change. Temporary adjustments may also be possible in emergencies.

What if the paying parent loses their job or has reduced income?

A paying parent who experiences a permanent or long-term loss of income should file a petition to modify the support order as soon as possible. Courts will consider current income and may adjust the obligation prospectively. Failing to seek a modification and stopping payments can create arrears and enforcement consequences, so it is important to act promptly and document changes in income.

How can I enforce a child support order in Philadelphia?

The Philadelphia Domestic Relations Section and state child support enforcement agencies have several enforcement tools. These include income withholding from wages, interception of tax refunds, placing liens on property, intercepting unemployment benefits, reporting to credit agencies, suspending licenses, and bringing contempt actions that can include fines or jail in extreme cases. To start enforcement, contact the Domestic Relations Section or your attorney and provide documentation of the order and missed payments.

Are health insurance and medical expenses covered by child support?

Child support orders commonly require that a child be covered by health insurance when reasonably available. The order may also allocate responsibility for uninsured or extraordinary medical expenses between the parents. Courts expect parents to cooperate in maintaining insurance and sharing medical costs as ordered.

Does child support cover college or higher education?

Pennsylvania courts do not automatically require parents to pay for college. Child support generally covers the child"s needs through the period required by law for minor children. Parents can agree to include college contributions in a court order or divorce agreement, and in rare cases a court may order post-secondary support based on agreement, statute, or specific circumstances. If you want support for college, discuss it with your lawyer or include it in settlement negotiations.

What happens if a parent moves out of Philadelphia or out of state?

If a parent with custody or a parent who is obligated to pay child support moves, the existing order generally remains in effect. For interstate cases, federal and state laws provide mechanisms to register and enforce support orders across state lines. If custody changes, or the move significantly affects parenting time and expenses, a modification petition may be appropriate.

Can a parent be jailed for not paying child support?

Yes. In Pennsylvania, contempt proceedings can be used when a parent willfully fails to comply with a support order. If the court finds willful nonpayment after notice and an opportunity to be heard, it may impose sanctions including fines or jail in severe cases. Courts typically prefer income withholding and other enforcement measures, but contempt remains a tool for persistent nonpayment.

How do I start a child support case in Philadelphia?

You can begin by contacting the Philadelphia Domestic Relations Section to file a petition for support, or by hiring an attorney to file on your behalf. If you qualify, you may also get assistance from state child support enforcement or legal aid organizations. Be prepared to provide information about income, custody, health insurance, and expenses. If paternity is an issue, arrange for paternity establishment through the appropriate office or the court.

Additional Resources

Philadelphia Domestic Relations Section of the Court of Common Pleas provides intake, establishment, enforcement, and modification services for support orders. The Pennsylvania Department of Human Services - Bureau of Child Support Enforcement handles statewide child support programs and can assist with interstate enforcement.

Local legal aid and nonprofit organizations that commonly assist with family law and child support matters include Community Legal Services of Philadelphia and Legal Aid of Southeastern Pennsylvania. The Philadelphia Bar Association offers lawyer referral services for people seeking private counsel. Family law practitioners in the Court of Common Pleas - Family Division can provide representation for contested or complex matters.

For people on public benefits, local county assistance offices or benefit caseworkers can explain how child support affects benefits and may help with referrals to enforcement services. Court self-help centers and the Family Court clerk"s office can provide procedural guidance and required forms.

Next Steps

If you need legal assistance with child support in Philadelphia, follow these practical steps:

- Gather documentation: recent pay stubs, tax returns, bank statements, proof of health insurance, childcare receipts, existing court orders, custody agreements, and any records of past child support payments.

- Contact the Philadelphia Domestic Relations Section to learn about filing procedures and enforcement options if you want the state to assist.

- Consider an attorney if the case involves disputed paternity, complex income issues, significant arrears, proposed modifications, or contested custody matters. Ask about initial consultations and fee structures.

- If you have limited income, explore local legal aid or pro bono services that may provide representation or advice.

- Keep organized records of all payments and communications, and respond promptly to court or agency notices. If you need to change the order, file a petition for modification promptly and provide supporting evidence.

Taking these steps will help protect your rights and the child"s best interests. Legal processes can be time sensitive, so act early and seek guidance tailored to your situation.