Best Child Support Lawyers in Scranton
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Find a Lawyer in ScrantonUnited States Child Support Legal Questions answered by Lawyers
Browse our 1 legal question about Child Support in United States and the lawyer answers, or ask your own questions for free.
- Child support laws
- it is the discretionary power of the court to determine the amount for the support of your child, it is not fixed amount
About Child Support Law in Scranton, United States
Child support refers to the legal obligation of a non-custodial parent to provide financial support to their child or children. In Scranton, Pennsylvania, child support laws are designed to ensure that children receive financial support from both parents, regardless of whether the parents are separated, divorced, or were never married. The amount of child support is typically determined based on the income of both parents, the needs of the child, and the amount of time each parent spends with the child.
Why You May Need a Lawyer
There are several situations where you might need a lawyer specializing in child support:
- Establishing Child Support: If you are going through a separation or divorce and need to establish a child support agreement, a lawyer can help ensure a fair and equitable arrangement is reached.
- Modifying Child Support: Circumstances change, and you may need to modify an existing child support order. Legal assistance can help navigate the complexities involved in making changes to support amounts.
- Enforcing Child Support: If a non-custodial parent is not meeting their child support obligations, a lawyer can help enforce the order through legal means.
- Disputes and Negotiations: Lawyers can mediate disputes between parents or represent you in court if an agreement cannot be reached outside of litigation.
- Understanding Rights and Obligations: Legal advice can clarify your rights and obligations under Pennsylvania law, ensuring compliance and protection under the legal system.
Local Laws Overview
Pennsylvania law governs child support in Scranton. Key aspects include:
- Income Shares Model: Pennsylvania uses the "Income Shares Model" to determine support obligations, which considers the income of both parents to calculate a fair support amount.
- Child Support Guidelines: The state provides guidelines that outline the expected amount of support based on income and number of children.
- Health Insurance and Expenses: The law necessitates that health insurance coverage for the child is provided, and medical expenses are often shared between parents.
- Duration of Support: Child support typically continues until the child reaches 18, graduates high school, or is otherwise emancipated or self-supporting.
Frequently Asked Questions
How is child support calculated in Scranton?
Child support is calculated using the Pennsylvania Child Support Guidelines, which consider both parents' incomes, the needs of the child, and other factors.
Can child support be modified?
Yes, child support can be modified if there is a significant change in circumstances, such as a change in income, employment status, or the needs of the child.
What happens if the non-custodial parent doesn't pay child support?
A range of enforcement actions can be taken, including wage garnishment, tax refund interception, or even legal proceedings, to compel payment.
Do I need to go to court to get child support?
Not always. Parents can reach an agreement outside the court, but for a legally binding order, court approval is required.
What factors can influence the amount of child support ordered?
Factors include each parent's income, earning capacity, the child's special needs, and any existing custody arrangements.
Can I waive child support?
Child support is seen as the child's right, so parents typically cannot waive it. Any agreements must be approved by a court.
How long does it take to establish a child support order?
The timeline can vary based on the complexity of the case and the cooperation of both parties. It typically involves a series of legal steps that can take weeks to months.
Is child support tax-deductible?
Child support payments are not tax-deductible for the payer, nor are they considered taxable income for the recipient.
Can child support orders be enforced across state lines?
Yes, the Uniform Interstate Family Support Act (UIFSA) facilitates enforcement of child support orders across state borders.
What role does paternity play in child support?
Establishing paternity is crucial for determining a father's obligation to pay child support, particularly in situations involving unmarried parents.
Additional Resources
Several resources and organizations can provide support and information regarding child support:
- Pennsylvania Child Support Program: Manage payments or get information about your case.
- Lackawanna County Courts: Offers access to family court services and legal assistance.
- Pennsylvania Legal Aid Network: Provides free legal advice and representation for eligible individuals.
- Department of Human Services: Offers resources and guidelines for understanding child support.
Next Steps
If you require assistance with child support in Scranton, it's crucial to consult with a legal professional. Start by researching and contacting local family law attorneys who specialize in child support cases. Share your situation in detail and discuss potential legal strategies. Having expert guidance can help ensure you navigate the process effectively and protect the rights and well-being of your child.
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.