When a family breaks up, everyone has to adjust to a new normal. Family members who used to live under one roof might now find themselves going back and forth between two homes. Finances become separate, and one parent might be making support payments to the other.
Although it's possible to get child or spousal support in Cumberland County without a lawyer, you shouldn't handle such an important matter alone. The Family Law Team at the LLF Law Firm has years of experience helping Cumberland County residents with family law matters like child support, spousal support, and divorce. Call us at 888-535-3686, or tell us about your case online.
Expectation of Support Under Pennsylvania Law
In Pennsylvania, married spouses are expected to financially support each other and their kids for as long as they're married. When spouses get separated or divorced, this financial support obligation changes. The now ex-spouses have to figure out who will pay for the kids' expenses and whether one spouse will support the other. If they can't agree on these issues, the family court will make the decision for them.
Child Support Payments in Pennsylvania
In Pennsylvania, child support payments cover kids' basic needs like food, shelter, and clothing. In general, the parent who doesn'thave custody of the kids makes payments to the parent who has custody of them.
The state's Child Support Program (SCDU) handles payments and processes them through the Pennsylvania Child Support Program (PACSES) system.
How Child Support Is Calculated in Pennsylvania
In Pennsylvania, whether and how much child or spousal support a spouse gets depends on many things. If spouses are separated, if one of them has filed for divorce, or if they're officially divorced, it can all affect their support.
Pennsylvania courts use guidelines and formulas to help them make their decisions. These guidelines take into account things like income, cost of living, and how many children are involved.
Calculating Child Support in Cumberland County
In Cumberland County, child support is based on state guidelines and average monthly income, including wages, income from pensions, social security benefits, disability benefits, tax refunds, interest, and dividends. Things like earning capacity, age, education, work experience, and how many children are being supported are also taken into consideration.
The guidelines are based on the idea that children should receive the same proportion of their parent's income that they would've received if their parents didn't split up.
In Cumberland County, the parties' income is a major factor in determining support amounts. The income amounts are entered into the PACSES system that generates a support amount based on state guidelines. The parties are encouraged to use the state's Child Support Estimator to try to figure out child support on their own.
How Long Child Support Lasts in Pennsylvania
In most cases, child support payments in Pennsylvania last until a child turns 18, or until they're legally emancipated. Sometimes, support payments can last longer if the child needs long-term support. For example, if a child has special needs or a disability that prevents them from working or living on their own, support payments might last long after the child turns 18.
Generally, if there are support payments that still haven't been paid when the support period ends, the paying spouse must continue to make payments until they pay everything they owe.
Spousal Support in Pennsylvania
Spousal support payments in Pennsylvania are made by one spouse to the other to protect the financially dependent spouse from financial hardship. Some spousal support agreements last for a short period of time — such as the time it takes for a divorce to be finalized — while others can last for many years. Support amounts and payment terms vary from case to case.
Types of Spousal Support in Pennsylvania
Several kinds of spousal support are available in Pennsylvania. The amount and type of support a spouse receives depend on many factors.
General spousal support payments are available when spouses are separated and aren't officially divorced. These payments enable one spouse to pay for the other spouse's basic living expenses.
Alimony Pendente Lite (APL) is a support that's available when one spouse has filed for divorce. APL can be awarded while a divorce is pending – but a spouse can't receive APL and spousal support at the same time.
Post-divorce alimony consists of ongoing payments to the financially dependent spouse. They cover the spouse's basic expenses and can continue after the divorce is finalized.
Equitable reimbursement is another form of support that allows a spouse to complete their training or education so they can increase their earning potential.
The LLF Law Firm's experienced Family Law Team can help you figure out which kind of support you're entitled to, how much support you're entitled to, and how to get it.
How Spousal Support Is Calculated in Pennsylvania
The amount of support a spouse is entitled to in Pennsylvania depends on many things and varies from case to case. Courts look at many factors to determine how much support a spouse should get, such as:
- How long the spouses were married
- Whether the parties are officially separated
- Whether one spouse has already filed for divorce
- Each spouse's income
- Each spouse's education and earning potential
- If either spouse has a disability that will limit their earning potential
- Whether one spouse raises the children full-time
- If either spouse is expecting money in the future, such as an inheritance
Spouses aren't automatically entitled to alimony in Pennsylvania. Alimony payments might be allowed when it's reasonable and necessary under the circumstances. If you're unsure about how much spousal support you're entitled to, contact The LLF Law Firm. We'll help you figure out how much support you're entitled to, and we'll work hard to ensure that you get it.
Court Orders for Child and Spousal Support in Pennsylvania
A spouse who's seeking child or spousal support in Pennsylvania typically files for it, and if they get it, a family court judge issues a court order that outlines the terms of the support, including the payment amount and other payment obligations.
Support actions are supposed to be brought in the county where the kids and the paying parent live, but this can change if, for example, the parties live in different states.
Anyone who violates a support order risks serious consequences. For example, a spouse who doesn't make their support payments can face criminal contempt charges and wind up in jail.
The Court Process in Cumberland County, Pennsylvania
Child and spousal support procedures in Pennsylvania follow state and county laws and rules. The process can be complicated, but the experienced attorneys at the LLF Law Firm can help you figure it all out.
In Cumberland County, the Domestic Relations Office establishes and enforces child support orders, spousal support orders, and Alimony Pendente Lite (APL) orders. It's located at:
13 North Hanover Street
Carlisle, PA 17013.
The process for obtaining support orders involves conferences where the parties get together to try to figure out support terms, such as how much money a spouse will receive and how often payments will be made. These conferences can help the parties figure out the support amounts without having to go to court. The process can also involve hearings. In addition, every step of the way, there are forms to file and deadlines to meet.
Knowing what to file and when can be tough because it varies depending on what stage of the process you're in. The experienced attorneys at the LLF Law Firm can help you navigate the complicated family court system.
Filing for Support in Cumberland County, Pennsylvania
In Cumberland County, a parent, spouse, caretaker, guardian, or attorney can file for support at the Domestic Relations Office or through the Pennsylvania Child Support website. If paternity is in question or unknown, you'll have to establish that before the court can issue a support order.
A complaint for Alimony Pendente Lite should also be filed with the Cumberland County Domestic Relations Office or electronically through the Pennsylvania Child Support website. All other divorce-related matters should be filed at the Prothonotary's Office.
There are so many different rules and procedures to figure out and follow. The LLF Law Firm can help you understand where and how to file for support in Cumberland County.
Support Conferences in Pennsylvania
The domestic relations office conference is an important part of the support process in Pennsylvania. In many cases, the spouses will agree to a support amount during the conference, which, in many cases, saves the parties the trouble of having to attend a hearing. If the parties can't agree on an amount during the conference and the case does wind up going to a hearing, the process usually moves along quicker because of all of the information that was collected during the conference.
Even if the parties agree on an amount of support, the conference officer can recommend to the court to reject that amount. This is to protect spouses who are in financial straits from agreeing out of desperation to unfair support amounts.
In Cumberland County, after the complaint for support is filed, the case is assigned to a Conference Officer and is scheduled for an informal conference, where the parties have an opportunity to figure out support amounts and save themselves a lot of time. The experienced LLF Law Firm attorneys can be extremely helpful at support conferences and hearings. We'll look out for your best interests and help you tell your side of the story.
What Happens After a Complaint for Support is Filed?
In Cumberland County, after a complaint for support is filed, the case is assigned to a Conference Officer and scheduled for an informal conference. A court order is also sent to both spouses' employers to get income information to go over during the conference.
If the parties agree on support amounts in the informal conference, they'll sign a support agreement, which is forwarded to a judge who will issue an order. If they don't agree on an amount, the Conference Officer will recommend an amount, which will serve as an interim support order.
If, within 20 days of the interim order, a party files a Request for a Hearing de Novo, the case will be heard again in its entirety by the Support Master at a formal hearing. The parties have an opportunity to present evidence and legal arguments. After the hearing, the Special Master will prepare a Recommendation that'll be incorporated into a court order for a judge to review and sign.
If either party takes exception to the recommended order, they have 20 days to file a legal document called "Exceptions" at the Domestic Relations Office. A judge will then review the record, hear legal arguments, and then issue a final order. If the parties aren't satisfied with the judge's result at this point, they can appeal the order at the Superior Court in Harrisburg, Pennsylvania.
During this entire process, the paying spouse is still responsible for paying support according to the original order until the court says otherwise.
Appealing a Support Decision in Cumberland County, Pennsylvania
It's possible to appeal a support order decision. In Cumberland County, there are a few stages in the support process that offer an opportunity to appeal decisions.
For example, within 20 days of the Conference Officer's recommended order, either party can request a de novo – or "new" – hearing that's held in front of a support hearing officer. Within 20 days of the Support Master's recommended order, either party can file exceptions. And after the judge reviews exceptions and comes to a decision, either party has 30 days to appeal that with the Pennsylvania Superior Court.
The experienced Family Law Team at the LLF Law Firm can help you figure out if an appeal is the best course of action in your situation.
Modifying a Support Order
It's possible that at some point, one or both parties may want or need to modify a child or spousal support order. For example, they may want to increase the payment amount or change the payment schedule.
In Cumberland County, it's mandatory for both parties to notify each other and the Domestic Relations Section of any changes in their lives that might affect the support order, such as a change in employment, an injury that prevents them from working, change of address, lay-offs, change of living arrangements, and a change in income.
In Cumberland County, support orders can be modified if there's a change in circumstances. Parties can request a modification by submitting a petition to modify to the Domestic Relations Office.
The Family Law Team at the LLF Law Firm can help ensure that you get a modification if and when you need one.
Enforcing a Support Order in Cumberland County
If your ex isn't making support payments, one of the things you can do is ask the court to enforce your support order. Pennsylvania judges can enforce these orders in many ways. For example, a judge can:
- Add interest to the child or spousal payments
- Enter another judgment against the spouse who isn't making the support payments
- Require the non-paying spouse to put up collateral or security for future payments
- Seize the non-paying spouse's property to cover their missed payments
- Seize up to 50 percent of the defaulting spouse's wages
In Cumberland County, if a spouse fails to make support payments or otherwise comply with the support order, the court will use "all methods" available to it under the law to get those payments. This includes charging the defendant with contempt of court, which can land the spouse in Cumberland County Prison for 6 months. The court can also suspend the non-paying spouse's professional licenses, passport, driver's license, and hunting and fishing privileges.
The Domestic Relations Office also has a website where they post pictures of people who are delinquent on their support payments and the amount of money they're behind.
If you're not getting the support payments you're entitled to, contact the experienced attorneys at the LLF Law Firm for help.
Violating a Child or Spousal Support Order
Anyone who violates a support order by not making their child or spousal support payments risks getting into serious trouble. Spousal support orders are legally binding court orders, so anyone who doesn't make spousal support payments can face criminal contempt charges. The bottom line is if you don't pay your spousal support payments, you could wind up in jail or be saddled with a hefty fine.
In Cumberland County, if a spouse fails to make support payments or otherwise comply with the support order, the court will use "all methods" available to it under the law to get those payments. This includes charging the defendant with contempt of court, which can land the spouse in Cumberland County Prison for 6 months. The court can also suspend the non-paying spouse's professional licenses, passport, driver's license, and hunting and fishing privileges.
The Domestic Relations Office also has a website where they post pictures of people who are delinquent on their support payments and the amount of money they're behind.
If you're having trouble making your spousal support payments, you should seek immediate legal advice. The LLF Law Firm's knowledgeable Family Law Team can help you figure out a way forward.
Why You Need an Experienced Family Law Attorney
Working with an experienced family law attorney who's knowledgeable about the family law process in Cumberland County will give you the best chance of resolving your support and family law issues. An experienced attorney can help you avoid making costly mistakes and help ensure that you get to tell your side of the story.
The LLF Law Firm's Family Law Team has many years of experience successfully representing clients throughout Cumberland County. We know the ins and outs of the family court system and can guide and support you every step of the way. Child and spousal support cases can be emotional and intense. You don't have to go through the process alone.
Retain a Cumberland County, Pennsylvania, Child and Spousal Support Attorney
Cumberland County residents who have questions or problems about child support, spousal support, or anything related to family law, should contact the experienced Family Law Team at the LLF Law Firm. Whether you're looking to file for child support, enforce a spousal support order, are struggling to make support payments, or need help preparing for a hearing, our knowledgeable team is here for you. Call us at 888-535-3686, or tell us about your case online.
