When parents divorce and one is ordered to pay child support, that support must typically continue until the child turns 18 or finishes high school (whichever happens first), unless there are special needs or circumstances that require continued support for the child after they have legally become an adult.
Child support is intended to cover necessities like food, clothes and housing as well as health insurance and “basic educational expenses.” Of course, depending on the parents’ means and the child’s needs, it can also be calculated to cover additional expenses, like medical expenses for specialized care or treatment, extracurricular activities and travel for custody sharing or visitation.
If your child is young when you divorce, that can mean a lot of years of child support payments. A great deal can change in that time. That’s why it’s possible – and even common – for support orders to be modified over the years.
Substantial change in circumstances
A parent (whether they’re paying or receiving the support) can’t just ask the court to change the support order. Under Pennsylvania law, there must be a “material and substantial change in circumstances.” This can include things like a change in one or both parents’ income, including unemployment and incarceration, or changes in a child’s needs.
Note that a parent can’t just quit their job to avoid paying child support (or receive more). Any negative change in employment and earnings will need to be explained to the court, with evidence that it’s beyond a parent’s control.
Automatic reviews
Of course, the cost of everything involved in raising a child typically goes nowhere but up. That’s one reason Pennsylvania law also allows for an “automatic review” of child support orders at either parent’s request at least every three years.
The law states, “The review shall be for the purpose of making any appropriate increase, decrease, modification or rescission of the order….Taking into the account the best interest of the child involved, the court shall adjust the order, without requiring proof of a change in circumstances, by applying the Statewide guidelines or a cost-of-living adjustment….”
Whether you are seeking a review or modification of your child support order or your co-parent is, it’s smart to have experienced legal guidance to protect your rights and your child’s well-being.