Child Support:

All parents have a legal obligation to “Support” their children. The laws in Pennsylvania regarding the proper calculation and implementation of Child Support are complicated. For assistance with filing a Child Support action in Chester County, please contact my office.

The parent who has primary physical custody of the child(ren) may exercise their right to seek Child Support from the other parent. The process of filing a Child Support Complaint begins at the Domestic Relations Office. The Domestic Relations Office is the part of the Court system which schedules and manages Support cases.

The proper amount of Child Support is calculated according to the Pennsylvania Child Support Guidelines. Generally speaking, the Support Guidelines look to the combined net incomes of the parties in order to determine the amount of support a child requires. When the income of the parties is easily ascertainable via paystubs and annual W-2 forms, then it is relatively straightforward to calculate the proper amount of Child Support. However, where either party has income that is not readily ascertainable, which fluctuates, or which is less than it should be, then the process for calculating Child Support is not as simple. When there are complicated issues relative to a parties income, then it is important to have a competent attorney review the facts of the case so that an informed decision can be made.

When a Support Complaint is filed, the parties will be Ordered to attend an “Office Conference” at the Domestic Relations Office. The Conference is an informal setting where no testimony is taken and there is no Court Reporter. A Conference Officer oversees the proceeding and gathers information regarding the parties’ income. The Conference Officer will usually review the parties’ paystubs and previous tax returns. The Officer will also look at evidence regarding additional expenses for the children such as extra-curricular activities. At the end of the Conference, the Officer will present an Order to both parties. If both parties are satisfied with the Order, then the Order is entered as a “Final Order” and it is signed by a Judge. However, if either is not satisfied with the Order produced by the Conference Officer, then that party may ask that the case be scheduled for a “Master’s Hearing.” At this Hearing, the Master will listen to testimony and a Court Reporter will make a Record of the Hearing. After listening to testimony and any arguments made by counsel, the Master will enter a Support Order. If either party disagrees with the Order produced by the Master, then they may file “Exceptions” to the Master’s Recommendation. Upon the filing of Exceptions, the matter will be submitted to a Judge. The Judge will review the Master’s Recommendations and listen to the arguments of the attorneys. However, the Judge does not “re-hear” the Support case as no testimony is taken.

Upon the entry of a Child Support Order, the wages of the party paying Child Support will be “attached.” What this means is that the money owed for Child Support will be taken directly from that parties’ paycheck. The money taken for Child Support is handled by the Pennsylvania State Collection and Disbursement Unit (PaSCDU). This office is responsible for ensuring that the proper amount of Child Support is removed from the obligor’s income and appropriately paid to the recipient.