Marital dissolution cases in Clinton County, PA, can take a significant financial, emotional, and psychological toll on both parties. This is even more so when there are children involved.
In most divorce cases where the parents have kids, both parents have to consider what’s required to take care of the children when the divorce is finalized and they no longer live under the same roof.
Because child support is often a source of additional conflict in an already tense situation, it’s best handled by experienced legal professionals. At the LLF Law Firm, our Family Law Team can help you explore the best options for your child’s welfare after the divorce.
Call 888-535-3686 or fill out this form to discuss your options.
Key Considerations in a Child Support Case
To reach a satisfactory agreement on how much a parent will pay monthly to support their kids, it’s important to understand the court’s underlying motive. In all child support cases, two key considerations that determine how much money a parent will pay as support include:
- The child’s best interests.
- Both parents’ income-earning capabilities.
Whether the case goes before the courts or the couple resorts to mediation, the child’s best interests, stability, and well-being will be the primary focus of all child support claims. So, the court or mediator will work with both parties to ensure that the child has all the basics required to live a relatively normal life, even when their parents are separated.
The goal is to ensure that the impact of your separation does not leave them vulnerable or adversely impact their personal safety and sense of stability.
Who Pays Child Support and How Much?
In most cases, the higher-income non-custodial parent pays child support to the custodial parent. However, the exact amount typically depends on the Pennsylvania child support guidelines.
Please note that the real monthly child support figure may differ from what’s stated in the guidelines. These guidelines are meant to serve as a baseline for the court when it’s determining how much to award as child support to the custodial parent.
Naturally, a couple’s circumstances will play a significant role in determining who handles what financial and other related obligations towards the child.
For example, if both partners have high-income jobs and are filing a no-fault, uncontested divorce, the child support payment arrangements will likely be different from a contested divorce where one partner is the breadwinner and the other is a stay-at-home parent.
If you’re seeking child support and want to make sure you receive a fair and satisfactory financial arrangement that reasonably covers all your child’s needs, you need the help of an experienced child support attorney in Clinton County, PA.
The Family Law Team at the LLF Law Firm can help negotiate fair terms and provide skilled legal guidance that will ensure you’re on the receiving end of a satisfactory outcome.
Call 888-535-3686 or fill out this contact form to discuss your case today.
Factors That Determine Child Support Payment Amounts
The court will consider various factors before it decides on a child support amount to be paid monthly. These include:
- Both parents’ income and assets (marital and individual).
- The non-custodial parent’s ability to pay.
- Special health or welfare requirements for the child.
- The age of the child. Older children aged 18 and above or who have graduated from high school do not qualify for child support.
- The child’s current standard of living, extracurricular activities, school, proximity to extended family members, and other activities that provide stability.
- Extra or additional household income from investments and/or properties.
- The noncustodial parent’s external financial obligations (if they’re repaying business loans, for instance).
- Out-of-pocket healthcare expenses.
- If the paying parent is handling non-financial obligations, such as health insurance, school fees, and more.
- The earning capacity of the non-custodial or custodial parent’s new partner (if any).
- Additional lawful financial responsibilities, like paying child support for children from a previous marriage
The court may also consider other necessities such as the non-custodial parent’s need for accommodation. These are just some of the factors that the courts will consider before arriving at a number.
Both partners will be required to declare all income sources. Failure to make a financial declaration detailing all income, assets, and properties is considered perjury under the law —a third-degree felony offence. Penalties include paying up to $15,000 as a fine and a maximum jail term of 7 years.
Because many couples are unable to reach an agreement when it comes to a child support order, the hearing can often turn bitter and combative.
This is why you need a reputable child support attorney in Clinton County, PA, to handle the process on your behalf. An experienced lawyer knows how to navigate the issues that often arise during child support hearings and can help extract favorable outcomes for you.
Child Support Process in Clinton County, PA
To apply for child support, here’s what you need to do:
- Start by filing a Complaint for Child Support at the Clinton County Domestic Relations Section (DRS) of the Court of Common Pleas located at 232 East Main Street, Suite 200, Lock Haven, PA 17745. You can call 570-893-4050 to book an appointment. You can also file online via Pennsylvania’s E-Services.
- Procure all relevant information, including income statements, pay slips, child expense receipts, tax returns, and other documents that show a breakdown of what it costs to care for the child.
- Once your application is filed, the DRS will send you an invitation to a conference. Attend this conference with all necessary financial documentation.
- The Conference Officer will review all documents, go through your application, and determine how much you’ll get as child support.
- Once the Conference Officer determines the amount, both parties can either accept or reject it. If rejected, parties are allowed a 20-day window to file an appeal. Once a date is scheduled, the appeal is held before a judge who will review the decision. Once reviewed, the decision is final.
Please note that there are no fees for filing through the DRS. However, child support payments made using debit or credit cards attract a 3% convenience fee.
As you can see, the process can be cumbersome and stressful, plus an applicant may not know the best documents to present during the hearing. Let an experienced child support attorney in Clinton County, PA, handle these for you while you focus on other important things.
What Happens if a Parent Defaults in Paying Child Support?
Individuals who refuse to pay court-mandated child support in the Commonwealth of Pennsylvania can face serious consequences.
The Domestic Relations Office in Clinton County, PA, can use several approved measures to punish the erring party and get them to pay. These include:
- Seizure of assets, including properties, vehicles, tax refunds, and even bank accounts.
- Placing liens on the person’s property and bank accounts.
- Wage garnishment, aka direct monthly deductions from the person’s income.
- Suspension of professional, driver’s, and other important licenses (usually applies when there’s a backpay default of up to 3 months).
- Reporting the erring party’s failure to pay to credit bureaus —a move that adversely affects their credit rating.
- Charging the paying parent with willful contempt of court and possibly imprisonment, fines, and/or probation.
Please note that enforcement of child support payments can be difficult if your agreement did not go through the Domestic Relations office. This particularly applies to individuals who decide on private or direct settlement and have chosen not to enter into the agreement through the courts.
So, if you’re filing a complaint for support, ensure it’s done through the Clinton County DRS. However, if you settle for private arrangements, ensure the non-custodial paying parent can afford the support. If you have any doubts, come discuss this with our experienced Family Law Team at the LLF Law Firm.
Can Child Support Agreements Be Modified in Clinton County, PA?
Yes, depending on a significant change in either or both parents’ circumstances. The most common grounds for a child support modification would be as follows:
- Change in the custodial parent’s schedule, e.g., they got a new job with long hours, which means they can’t look after the child like they used to.
- Altered financial situation, e.g., the non-custodial parent paying child support loses their job and can’t meet their lawful financial obligations.
- Change in the child’s circumstances, e.g., the child requires increased medical care or needs to attend a better school.
- Three-year review notification from the DRS informing parents that they can review their child support if they choose.
Modifying child support agreements can be as simple as both parties drafting new arrangements and submitting them to the courts for ratification. Where both parents can’t agree, the parent seeking to modify the support can petition the court and request a hearing.
Is it possible to Stop Child Support?
Yes, appellants or defendants can stop child support under the following circumstances:
- The child either ages out at 18 years or graduates from high school
- Both parties determine that there’s no need for the child support anymore
Contact a Clinton County Child Support Lawyer
You need the help of experienced attorneys in child support petitions because things can quickly turn adversarial. The LLF Law Firm’s Family Law Team can help handle the problems that may arise and fight for your child to receive the fair and satisfactory support they need.
Call 888-535-3686 or fill out this contact form to discuss your case.