What You Need to Know About Job Loss and Child Support in Pennsylvania
If you lost your job in Pennsylvania, your child support order does not change until you file a petition to modify it. Until a judge approves a new amount, you will continue to owe under the terms of the existing order. The sooner you file, the sooner relief can take effect.
If you’re in this precarious situation, it’s important to have an experienced family attorney to assist and advise you as soon as possible. The LLF Law Firm’s Family Law Team is ready to help ensure that your child support modification petition is filed the first time correctly, so you don’t have to experience unnecessary delays and financial strain. Call the LLF Law Firm today at 888-535-3686 or complete our contact form to get back to you.
Does Losing Your Job Reduce Your Child Support Payments?
It can–but only if you file a petition for modification. In Pennsylvania, child support orders stay in force until you request the family court to modify them officially. If the court agrees that a “substantial change in circumstances” has occurred due to your job loss, it will likely reduce your child support payments.
What if I Stop Paying Until I Find Work?
If you stop paying because you lost your job, the money you owe continues to pile up and accrue interest. In addition, you’ll face other serious consequences. Pennsylvania has significant enforcement tools available for unpaid support, including:
- Wage garnishment when you return to work
- Interception of state and federal tax refunds
- Suspension of your driver’s license and professional licenses
- Denial of passport renewal
- Contempt of court proceedings
Does It Matter Why I Lost My Job?
Yes, it does. Pennsylvania courts distinguish between voluntary and involuntary job loss. If you quit or reduce your hours intentionally, a judge is unlikely to reduce your child support responsibilities. In these circumstances, the court will calculate your child support payments based on your earnings potential, not actual income. In other words, they’ll look at what you should or could make. You cannot voluntarily impoverish yourself to avoid payments.
How Do You Modify Child Support After a Job Loss in Pennsylvania?
Under the Pennsylvania Rule of Civil Procedure, modification requires a material and substantial change in circumstances, including job loss. Here is the process:
File a petition. Petition the Domestic Relations Section (DRS) of the Court of Common Pleas in the county that issued your order.
Document everything. Include your layoff notice, final pay stubs, unemployment compensation, and prior year tax returns.
Attend a DRS conference. A conference officer will recalculate support based on your current income if you meet the criteria.
Appeal. If you disagree with the court’s recommendation, you have 20 days to appeal.
When does the new amount take effect?
The new payment amount is based on the date you filed, not the date you lost your job. It’s therefore in your interest to petition for payment as soon as possible after losing your job.
Speak With the LLF Law Firm’s Family Law Team Today
If you’ve lost your job and have a child support order, you should petition the court immediately if you need to modify the payment amount or risk having back payments grow out of control.
Our experienced Family Law Team at the LLF Law Firm supports and advises Pennsylvania parents through every stage of the modification process. Call the LLF Law Firm today at 888-535-3686 to discuss your case or fill out our contact form to speak with our team. We’re ready to help you get the results you need.