How Job Loss Can Affect Child Support in Pennsylvania
Pennsylvania courts require that divorcing couples make equal financial contributions to provide for a child’s basic needs. However, the court does recognize that things may happen that are beyond our control, allowing for a modification to an existing order if a “substantial change in circumstances” exists.
For instance, if a paying parent loses their job, it is up to them to request a modification. Keep reading to learn what situations may warrant a change in support, as well as how to obtain a support modification in Pennsylvania, as explained by our child support lawyers in Harrisburg, PA.
When Job Loss Qualifies as a Substantial Change in Circumstances
Being terminated from your job can make it difficult to keep up with support payments. This applies whether you were hired for seasonal employment or your employer let you go unexpectedly. Under Pennsylvania law, losing your job qualifies as a “substantial change in circumstances,” allowing you to request a support modification.
With the sudden lack of income, you may wonder how you will keep up with your everyday expenses, never mind the added stress of paying child support. Bear in mind that your support payments will not automatically cease if you lose your job. Rather, you will need to file a petition to modify your existing support order. To do so, you will need to attach a copy of your current support order to the petition that is sent to the court.
Process of Filing for Child Support Modification in PA
The overall process of filing for a modification to an existing support order in PA includes:
- Filing a petition with the court: The paying parent must file a petition with the court that issued the original support order to request the modification. The petition must demonstrate why the modification is necessary, including financial statements, medical records, and other relevant information. Notice must also be provided to the parent receiving support, who will be given 60 days to contest the modification.
- Review by the court: After you file the petition, the court will review the submitted information. If the court determines that a “substantial change in circumstances” is present, a hearing will be scheduled.
- Mediation or hearing: In many cases, the court may recommend that both parents undergo mediation to reach an agreement regarding a support amount. Our family law attorneys are also experienced mediation professionals, happy to help you and your child’s other parent reach a compromise out of court. If an agreement cannot be reached, then a final hearing will be scheduled.
- New support order will be issued: If the court deems that a modification is warranted, then a new support order will be issued. Both parents will be legally obligated to adhere to the conditions of the revised order.
Voluntary Impoverishment and Child Support
Alternatively, choosing to quit your job or work fewer hours will not result in reduced child support. Rather, if the court finds that you intentionally reduced your income (known as voluntary impoverishment), they will calculate your child support payment based on your earning potential, not your current income. Factors such as your training, education, and past earnings will be considered in determining your support amount.
Issues Related to Support Modifications
In some situations, even if a modification is justified, a judge may decline the request. This may be due to the court feeling that the modification is not in the child’s best interest or simply requiring more information. If you are uncertain of what evidence you should submit with your support modification request, our child support lawyers are happy to assist you. At Purdy Law, our family law attorneys will assess your situation and collect the necessary evidence to help support your case. If your modification request is denied, we will file an appeal on your behalf and represent you at the court hearing.
Reach Out to Our Experienced Child Support Attorney
Losing your job can quickly force you to get behind on child support payments. In trying to keep up with your court-ordered financial obligations, you may be unable to pay routine living expenses. At Purdy Law, our child support attorneys understand that life circumstances can be out of your control. We have assisted individuals who reside in Harrisburg and nearby get the support modification they need. To learn how we can be of service to you, contact our office online or by calling (717) 674-2885.