Child support payments help make sure that divorced parents continue to provide for their children even after a marriage ends. However, families’ and children’s needs change over time, and the terms of a prior child support order may not fit their current circumstances. A child might need additional support to meet unexpected needs, or a parent’s income may have changed and made it impractical to keep providing the support as established. In such cases, parents may petition the court to approve a change in child support, provided they can show that there has been a substantial change in their circumstances.
If you need help modifying a child support order in Pittsburgh or elsewhere in the region, contact Jones, Gregg, Creehan & Gerace immediately. Our Pittsburgh family law attorneys have served Western Pennsylvania since 1933, providing over 90 years of quality legal representation for families like yours. Whether you’re looking for an increase in your child support award or your circumstances don’t allow you to meet your current obligation, you can count on us to provide straightforward, trustworthy advice and stand by your side at every step. Call now or complete our contact form for a consultation.
Common Reasons for Child Support Modifications
Parents and families in Pittsburgh seek child support modifications for many reasons, including:
- Significant Change in Income for the Paying Parent: A substantial increase or decrease in the paying parent’s income—whether due to a job loss, raise, or new job—may warrant a modification to ensure the child support amount reflects the parent’s current financial situation.
- Changes in the Child’s Needs: As children grow, their financial needs often change. Increased expenses for education, healthcare, or extracurricular activities may require a higher support amount to cover these costs.
- Custody Modifications: If there is a change in the custody arrangement, such as one parent gaining or losing primary custody, the child support order may need adjustment to reflect the new division of parenting responsibilities.
- Remarriage or Cohabitation: If a custodial parent remarries or begins living with a partner who provides additional financial support, this change may impact the court’s assessment of the paying parent’s financial obligations.
- Health-Related Changes: If a parent or child develops a significant health issue that increases expenses or limits earning capacity, the support order may need to change to account for these changes.
- Emancipation of the Child: When a child reaches the age of emancipation or becomes financially independent, the parent paying support may seek a modification to reduce or terminate payments.
- Substantial Financial Changes for the Custodial Parent: If the custodial parent experiences a major increase or decrease in income, this change can affect the balance of financial responsibilities and lead to a review of the support order.
Procedure for Modifying a Pennsylvania Child Support Order
Pennsylvania law says the courts may only modify a child support order if the requesting party demonstrates a substantial change in circumstances since the original order was issued. To begin the process, the party seeking modification must file a petition with the court that issued the original child support order.
After the requesting party files the petition, the court schedules a hearing to review the change in circumstances. Both parents must provide updated financial information, including pay stubs, tax returns, and any documentation supporting claims of income changes or increased expenses. The court may also consider evidence of changes in custody or the child’s financial needs.
During the hearing, each party presents their case, and the judge evaluates whether the change in circumstances is significant enough to warrant a modification. Pennsylvania courts use the state’s child support guidelines to make sure the new order aligns with the parents’ current financial situations and the child’s best interests.
Once the court issues its decision, the modified order becomes legally binding. Until then, the existing order remains in effect. Seeking guidance from an experienced family law attorney can help ensure the process goes smoothly, as they can assist with preparing evidence, meeting deadlines, and presenting your case effectively in court.
How Often Can You Modify a Child Support Order in Pennsylvania?
State law doesn’t specify any limits on how often you can modify a child support order. However, the courts will only grant a modification if the party seeking it can prove there’s been a significant change in their circumstances, the other parent’s finances, or the child’s needs. Practically speaking, it’s rare for the courts to grant a modification more than once every few years.
In some cases, the courts will include a provision for an automatic review when they first issue a child support order. Either parent can also request that the courts include an automatic review provision in the court’s original order, which can help keep things fair while making sure the child’s needs are met.
Common Mistakes in Child Support Modifications
Going to court to ask for a child support modification is a big investment in time, money, and energy. Therefore, it’s vital to avoid common mistakes that could hurt your petition, such as:
- Waiting Too Long to File: Delaying a petition for a child support modification can result in continued financial strain, as changes to child support orders typically only apply from the date of filing.
- Relying on Verbal Agreements: Some parents agree informally to adjust support without court approval, which can lead to legal disputes if the other parent later refuses to honor the new arrangement.
- Underestimating Expenses: Parents may overlook key costs, such as healthcare or educational needs, when calculating the amount of support required or requested.
- Misrepresenting Financial Changes: Providing inaccurate or misleading information about income or expenses can harm petitioners’ credibility and lead to unfavorable rulings.
- Failing to Address Custody Changes: Ignoring how custody adjustments affect financial responsibilities can lead to incomplete or inaccurate support calculations.
- Foregoing Legal Assistance: Seeking a child support modification without a lawyer can lead to procedural errors or missed deadlines that undermine the petition.
Contact a Pittsburgh Child Support Modification Attorney Now
Whether you’re seeking a child support modification or contesting another parent’s petition, the team at Jones, Gregg, Creehan & Gerace can help you assert your parental rights. We can handle the legal paperwork and deadlines, gather evidence to support your claim, and present a strong case to the courts during any required hearings. We know you want the best for your children and can protect your rights and interests throughout the legal process. Call now or complete our contact form for a consultation with a child support modification lawyer in Pittsburgh.