CHILD SUPPORT

1. Both parents have a legal duty to support their child, which continues until the child is 18 years old.
2. The duty to support exists even if the parents are not married.
3. The duty exists regardless of whether the parent is exercising visitation with the child

A parent cannot refuse visitation just because support has not been paid.

Who Can Receive Support For A Child?
Anyone who has custody of a child may receive support payments. For Example: a grandparent or relative with whom the child lives, as well as a parent.

Child Support While Receiving Public Assistance
Prior to the receipt of cash assistance, a custodial parent must cooperate in identifying an absent parent, establishing paternity and establishing a court order for child support.

If a parent or other caretaker fails to establish paternity or in establishing, modifying or enforcing a child support order, without good cause, that parent or caretaker will be removed from the cash assistance grant.

If you are receiving public assistance, the child support payments go directly to the Department of

Public Welfare. A partial amount of the payment, referred to as a pass-through, may be returned to the custodian.

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How To Get Child Support
A Court order requires one party to pay support. This allows for enforcement by the Court, if the payer will not pay when required.

To start a child support case, go to the Domestic Relations Office of the local Common Pleas Court, to fill out a complaint.

• Once filed, the Domestic Relations Office will try to help both sides come to an agreement by scheduling a conference.
• If the parties cannot agree, a Master will conduct a hearing and issue a proposed order. At this hearing, the Master will take testimony of the parents’ income and expenses and the child’s needs. Each parent may be represented by an attorney or proceed on their own. In Clarion County, the hearing is conducted by the Domestic Relations Hearing Officer, John Drayer.
• Either side may file exceptions, to the proposed order within ten (10) days, to obtain a review by the Court. This will not include additional testimony.

How Is the Amount of Child Support Decided?
The amount of support a parent will have to pay is determined through a review of the parents’ income under the Pennsylvania State support guidelines, which will produce a suggested support amount; this can be increased or decreased upon a review of the parties expenses, and the Child(ren)’s needs.

How Support Orders Can Be Changed

• Any changes in your expenses or income should always be reported to the Domestic Relations Section of the Court of Common Pleas immediately.
• A change in expenses or income could enable you to file a Petition to modify your support payments.
• A reduction in income and loss of a job due to being laid off, downsizing or company closures could possibly reduce or suspend your support payments.

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Medical Support
The Court deals with health insurance for the children in every child support case.

• If one of the parents can provide health insurance for the children at a reasonable cost at work, he or she may be ordered to do so.
• If both parents can provide health insurance through work, then the parent who does not have custody may be ordered to get the health insurance.
• If neither parent can provide health insurance at a reasonable cost at work, the Court may order one or both of the parents to get other health insurance for the children, if this is possible at a reasonable cost.
• The Court may also direct how much uncovered medical expenses each parent must pay.

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How Support Is Enforced?
If a person does not comply with a child support order and the Court finds that the person otherwise has the income to comply, he or she may be fined or incarcerated, or both. The Court can also order restitution and penalties. In some cases, the Court can suspend any business or occupational licenses the person has.

Attachment of Wages
The wages of a parent can be attached for payment of support obligations. The Court may require that the parent’s support payments be deducted by his or her employer and forwarded to Domestic Relations. Employers who fail to deduct the support payment may be subject to a fine or imprisonment.