Pennsylvania Child Support

Support payments should not be claimed on your Pennsylvania tax returns whether you are the receiving parent or paying parent.

Support payments are considered tax-neutral. This means that the paying parent will not receive a deduction, and the receiving parent won’t be able to claim the money as income.

Payments will be paid to the support agency after income tax has already been applied to the money. Even when you are under an income withholding order, the payments will already have been taxed before being withheld.

The federal government has specific laws that allow the state of Pennsylvania’s child support agencies to intercept an individual’s tax return when they owe the state support payments. This program is called the Tax Refund Offset Program.

Parents can establish paternity through marriage, a voluntary acknowledgment of paternity form filed with the Domestic Relations Section or by court order.

A father who isn’t listed on the birth certificate does not have any legal rights to the child. This includes seeking out rights pertaining to adoption, visitation, and custody.

If paternity is not established, then potential fathers can resolve this issue through court action. Courts may order genetic testing to confirm paternity.

When the father is deceased, establishing paternity may still be beneficial for the child. Pennsylvania’s courts recognize these benefits, so it may be possible to establish paternity through genetic testing of either the deceased parent or living relatives.

Fathers may utilize the Pennsylvania court system to get state-approved genetic testing and confirm paternity. The mother may be ordered by the court to submit to these genetic tests. Courts generally won’t accept third-party testing that doesn’t utilize a sample from the mother.

Pennsylvania’s laws require fathers to establish paternity prior to the child’s 18th birthday.

It is possible to modify current support orders, but all changes must be approved by Pennsylvania’s child support agencies or courts.

Obligations may be modified when the parent has experienced a material change in circumstances, the child’s expenses have significantly changed or custody arrangements have been altered.

Parents can visit Pennsylvania’s child support website at www.childsupport.state.pa.us and register to create an account. Through the website, parents can request the appropriate modification forms. Otherwise, parents can call, write or visit their nearest Domestic Relations Section and request the appropriate forms.

Either parent has a period of 20 days in which they can file an appeal of the support order decision. If a parent files an appeal, then they will have another court hearing who will make a decision about the obligation.

A lawyer is not necessary to request a modification of your current court ordered obligation payments. When both parents are in agreement about the modification, you may not even need to have a court hearing. In some situations where parents are in disagreement, it may be beneficial to hire a lawyer.

Some enforcement measures are automatically initiated based on how delinquent payments are. For example, credit bureau reporting will occur when the parent is at least 60 days late.

If you aren’t receiving payments, then you should automatically report the issue to your local Domestic Relations Section.

When you aren’t making payments, enforcement measures may be levied against you.

Federal law states that it is a felony offense to willfully avoid paying support for over two years or in amounts exceeding $10,000. 

Pennsylvania’s Supreme Court has ruled that any debt forgiveness must be approved by the court, and decisions are made on a case-by-case basis.

In order to stop an order, parents will need to apply for a termination of the support order. If courts approve of the termination request, then your obligation will end.

Parents may apply for termination when their child has reached their 18th birthday and they have graduated from high school.

The custodial parent can voluntarily close their case by writing, signing and delivering a letter to the Department of Child Support Services. If the case is closed, then the court order does not automatically terminate.

Within six months of the child’s 18th birthday, the Domestic Relations Section will send a copy of an emancipation inquiry to the parents. The custodial parent must return the notice and explain whether the child is still living at home. Depending on the answer, DRS will terminate your order. You can stop paying when all debts have been paid and your order has been terminated.

The legal age to stop support in the state is 18 years old. The obligation may extend until the child graduates high school.