When Can Child Support Orders Be Modified?

Child support is a vital part of making sure children receive the financial support they need from both parents. However, circumstances often change, leading parents to wonder when a child support order can be modified.

Child support orders are not set in stone. These orders can be changed if there are substantial reasons that justify the modification. At our firm, we can help explain when child support orders may be adjusted and the procedures involved in making those changes.

Reviewing the Basics of Child Support in Pennsylvania

Before discussing when child support orders can be modified, it's important to understand how these orders are typically established in Pennsylvania. 

Child support is calculated based on the Pennsylvania Child Support Guidelines, which take into account both parents’ incomes, the number of children, the child’s needs, and other relevant factors. Once the court issues a child support order, both parents must adhere to the terms of the agreement.

Pennsylvania uses a formula to calculate the amount of support based on the parents' combined income. The state also considers additional expenses, such as medical care, daycare, and other special needs a child might have. These initial orders are meant to be fair and adequate based on the situation at the time.

Circumstances That May Lead to Modifying a Child Support Order

There are several reasons why a child support order may need to be modified in Pennsylvania. The courts recognize that family dynamics and financial situations are rarely static. When these changes occur, a modification may be necessary to see that the child continues to receive appropriate support. 

Here are some common circumstances in which child support orders may be adjusted:

1. Significant Changes in Income

One of the most common reasons a child support order may be modified is a significant change in either parent’s income. If the paying parent experiences a substantial decrease in income, whether through job loss, reduced work hours, or a change in employment, they may seek to lower their child support obligations. 

Conversely, if the receiving parent’s income increases, it may be appropriate to adjust the child support order. 

A Pennsylvania family law attorney can help guide parents through the process of requesting a modification in response to income changes. The court will assess the financial changes and determine whether an adjustment is warranted based on the current circumstances.

2. Change in Custody or Visitation Arrangements

Child support is often tied to custody arrangements, and a modification of custody can lead to a need for changes to child support. For example, if one parent gains primary custody, the amount of child support might need to be adjusted to reflect this change. 

On the other hand, if joint custody is established or if one parent has more time with the child than before, the financial obligations may shift as well. 

In such cases, a child support lawyer can help petition for the appropriate modification. These changes are typically reviewed in family court, where a judge will evaluate the custody situation before adjusting the child support amount.

3. Changes in the Child’s Needs

As children grow older, their financial needs change. Medical expenses, educational costs, and other requirements can increase as the child ages. 

If a child develops special needs or requires additional care, it could be a reason to seek a modification of child support. Parents may also request an increase in support if the child needs extracurricular activities, tutoring, or other services not initially covered by the original order.

Parents should reach out to a family lawyer if they believe their child’s needs have changed enough to warrant a modification of the support order. The attorney can assist in presenting evidence to the court that justifies the adjustment.

4. A Significant Change in the Cost of Living

Inflation and rising costs of living can make it harder for one parent to meet their financial obligations. If the cost of living increases significantly, it may be necessary to adjust the child support order. A parent facing financial hardship may petition the court for a reduction in the amount of support they’re required to pay.

An attorney can assist parents in filing for modifications based on changes in the cost of living. While the court may take into account the overall economic situation, they’ll look primarily at the parents’ specific financial conditions and the needs of the child when making a decision.

5. The Child Reaches Maturity

In Pennsylvania, child support obligations typically end when the child reaches the age of 18. However, if the child is still in high school at the time of their 18th birthday, support can continue until they graduate or turn 19, whichever comes first. Parents may need to modify child support orders once the child reaches adulthood, and their financial support needs change.

At this stage, parents need to consult with a family law attorney to make sure that the support amount is appropriate, considering whether the child is still dependent on the parents for financial assistance, such as living expenses or education costs.

6. Changes in the Financial Responsibilities of Both Parents

If the financial circumstances of both parents change, such as one parent becoming responsible for the child’s medical care or expenses, a modification of child support may be necessary. In these cases, the court will consider the overall financial responsibilities of each parent and determine if the support amount should be adjusted to reflect these new responsibilities.

Parents can work with a family lawyer to see that any changes in their financial obligations are taken into account when modifying the child support order.

How to Request a Modification of Child Support in Pennsylvania

In Pennsylvania, parents seeking a modification of child support must file a petition with the court. The petition will request the court to review the existing order and make adjustments based on the changes in circumstances.

Here’s a general overview of the process for requesting a modification:

• File a petition: The parent requesting the modification must file a petition with the court that issued the original child support order. The petition should clearly explain why a modification is necessary, including any supporting documents, such as proof of income changes, medical records, or other relevant evidence.

• Review by the court: After the petition is filed, the court will review the request and any submitted evidence. If the changes are substantial, the court may schedule a hearing to further assess the situation. The court will consider the best interests of the child when determining whether a modification is appropriate.

• Mediation or hearing: In some cases, the court may suggest mediation to help the parents reach an agreement on the child support modification. If an agreement can’t be reached, the court will hold a hearing to make a final decision. At the hearing, both parents can present their case, and the judge will make a ruling based on the evidence presented.

• Modification order: If the court finds that a modification is warranted, it’ll issue a new child support order. This order will replace the original order, and both parents must comply with the new terms.

Because child support modifications can have significant financial implications for both parents, it’s important to seek the advice of an attorney before taking action.

Potential Issues in Modifying Child Support Orders

 The attorney can also offer guidance on how to handle disagreements over the modification or what steps to take if a modification is denied. While it may be possible to modify a child support order in Pennsylvania, some issues could complicate the process. 

For example, if a parent is behind on child support payments, the other parent may be less willing to agree to a modification, or the court may be less likely to grant the request. Additionally, the court may need to carefully examine the reasons behind a requested modification to check that it’s in the best interest of the child.

A family law attorney can help address potential issues before they become obstacles. They can assist with filing paperwork correctly and make sure that both parents are in compliance with existing orders while seeking a modification.

Connect With Our Firm Today

Child support orders can be modified when there’s a change in circumstances, such as changes in income, custody arrangements, the child’s needs, or financial responsibilities. Parents should seek the guidance of an attorney when considering a modification to make sure they meet the necessary requirements.

Serving Canonsburg, Pennsylvania, and throughout Washington County, the Law Office of MariAnn Hathaway is happy to help with family law mediation and custody plans, so give us a call today.