Pennsylvania Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
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US-00799BG
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Word; 
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

How do I request a support order modification? Contact your local DRS to obtain a Petition for Modification. You may also log into the child support website at .childsupport.state.pa.us as a payee or payor and submit a Petition for Modification through E-Services.

It's important to understand that simply having another child does not automatically reduce your child support obligation. However, if your circumstances have changed, it is possible to seek a modification of the child support agreement.

In PA, The noncustodial parent must submit a modification petition to stop payments. You must take specific steps to terminate the agreement. Until the order is actually terminated, the noncustodial parent is obligated to continue payment. Talk to a family law attorney if you're looking to stop payments.

In Pennsylvania, courts calculate child support using a complex algebraic equation based on the relevant average cost for a family to raise a child. The equation also factors in parent income, the number of children, and more.

Pennsylvania has no statute of limitations for child support arrears.

Modifying Child Support One of the parents must request the change by a formal motion to the court. The court that makes the original child support award has the authority to modify the order if conditions change. Either parent may request the court to change the order throughout the time the child is under 18.

A new spouse's income does not factor into child support calculations in Pennsylvania. Only the income of the biological or adoptive parent is considered when determining child support. However, a new spouse's income may affect your child support payments indirectly.

Under Pennsylvania law, both parents are required to support their child until the child reaches 18 (or longer in some cases), but a parent can seek to modify a child support payment in the months and years following an initial child support award.

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Pennsylvania Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support