Pennsylvania Family Law: Key Aspects of Child Support Enforcement
Pennsylvania family law governs various aspects of family relationships, including divorce, custody, and, importantly, child support. Understanding child support enforcement is crucial for both custodial and non-custodial parents to ensure that financial responsibilities are met for the well-being of the child.
Child support in Pennsylvania is typically determined based on the Income Shares Model, which takes into account the income of both parents and the needs of the child. This model aims to maintain the child's standard of living as if the parents were still together. Once support obligations are established, enforcement becomes a vital aspect, as non-compliance can have significant implications.
Establishing Child Support
In Pennsylvania, child support orders are initiated through the Domestic Relations Section of the local court. A support order can be established through a mutual agreement between parents or through court hearings, where evidence of each parent's income and expenses is presented.
Enforcement Mechanisms
If a non-custodial parent fails to make child support payments, several enforcement mechanisms are available:
- Wage Garnishment: This is one of the most common enforcement methods, where child support obligations are deducted directly from the non-custodial parent’s paycheck.
- Income Tax Refund Interception: The state can intercept federal and state income tax refunds to satisfy past-due child support payments.
- License Suspension: Individuals who fall behind on child support may face the suspension of driver's or professional licenses as a means of enforcement.
- Contempt of Court: If a parent willfully disobeys a support order, the custodial parent can file a motion for contempt, which may lead to penalties or even jail time for the non-compliant parent.
Modification of Child Support
Child support orders in Pennsylvania can be modified if there is a significant change in circumstances. This includes changes in income, employment status, or other factors that would influence the amount of support needed. The parent seeking modification must petition the court, providing evidence to support the request.
Role of the Pennsylvania Child Support Program
The Pennsylvania Child Support Program provides assistance in establishing, enforcing, and modifying child support orders. Their services include locating non-custodial parents, establishing paternity, and ensuring compliance with payment schedules.
Conclusion
In summary, child support enforcement is a critical component of family law in Pennsylvania, aimed at ensuring that children receive the financial support they need. Understanding the enforcement mechanisms and processes available can help both custodial and non-custodial parents navigate their responsibilities effectively. For those facing difficulties with child support, consulting with a family law attorney can be invaluable in protecting both parental rights and the best interests of the child.