Pennsylvania Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support In Pennsylvania, a Motion to Modify or Amend Divorce Decree can be filed by either the custodial or non-custodial parent in order to request a decrease in the amount of child support. Circumstances regarding income, expenses, and the child's needs may change over time, making it necessary to modify the existing child support order. This motion seeks to ensure that the child support obligation is adjusted to reflect the current financial situation of both parents. There can be different types of Motions to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support in Pennsylvania, depending on the specific reasons for requesting the modification. Some of these types may include: 1. Change in Income: If either parent has experienced a significant change in income, such as a job loss, reduction in income, or increase in expenses related to the child's needs, they may file a motion to request a decrease in child support payments. 2. Change in Custodial Arrangements: If there has been a change in the custody arrangement, such as the child spending more time with the non-custodial parent or a change in shared parenting responsibilities, a motion can be filed to reassess the child support amount based on the new arrangement. 3. Change in Child's Needs: If there has been a substantial change in the child's needs, such as medical expenses or educational costs, a motion can be filed to modify the child support amount to accommodate these additional expenses. 4. Change in Employment Status: If either parent experiences a change in their employment status, such as starting a new job, receiving a promotion, or becoming disabled, a motion can be filed to adjust the child support amount accordingly. It is important to note that the court will carefully review the reasons provided in the motion and consider the best interests of the child when making a decision. The court may require supporting documentation, such as income statements, tax returns, and proof of expenses, to assess the financial situation accurately. When filing a Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support in Pennsylvania, it is recommended to consult with a family law attorney who can guide you through the process. An experienced attorney can help gather the necessary evidence, draft a persuasive motion, and represent your interests in court to achieve a fair and reasonable modification to the child support obligation.
Pennsylvania Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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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.