Pennsylvania Child Support Enforcement

When parents separate or divorce, they must decide on two critical issues: child custody and child support. Ideally, the parents can negotiate child support between themselves. If this isn’t possible, they’ll have to go before a judge who will determine how much child support the non-custodial parent (NCP) must pay.

Once the judge decides, they’ll issue a child support order. This order is enforceable like any other court order. If the paying parent fails to make their child support payments on time, they’ll face severe consequences.

This article will explain what to do if your child’s other parent fails to meet their child support obligation. It also examines your options if you’re the NCP and cannot afford to make your support payments.

Child Support Obligations

Once a family law judge issues a child support order, it becomes a legal obligation. The other parent can take legal action if the paying parent doesn’t comply with the child support order. In Pennsylvania, the Domestic Relations Section (DRS) and your local Child Support Enforcement office oversee the collection and disbursement of past-due child support.

If you aren’t receiving your PA child support on time, you can petition the County Court of Common Pleas for help. Under Pennsylvania’s Bureau of Child Support Enforcement Program, parents who fall behind on child support may be subject to the following enforcement actions:

  • Suspension of driver’s license
  • Suspension of any professional licenses the NCP holds
  • Income withholding
  • Surrender of income tax refunds
  • Liens on bank accounts and real property

Once the person at the Domestic Relations Office handling your child support case collects your child support arrears, they’ll forward them to you directly. It’s worth pointing out that if nonpayment of support persists, the court may hold the NCP in criminal contempt.

Contact Your Local Bureau of Child Support Enforcement

The Bureau of Child Support Enforcement (BCSE) assists with child support enforcement services in Pennsylvania. Many people request that the BCSE withhold child support payments from their paychecks. In other cases, the court orders the Pennsylvania Child Support Enforcement System to withhold child support from a payor’s wages.

You can pay through the state’s child support website if you don't have an income withholding order. Payment is possible by personal check, cashier’s check, or money order.

Ensure you have your case information when you make your payment. If you have a child support order, you’ll also need the docket number. This way, the Department of Human Services agents and other child support services offices can help locate your file.

What Can BCSE Do to Help Enforce a Support Order?

The BCSE can petition the court to order the following enforcement actions:

  • Civil contempt
  • Six months in jail (or probation) and a fine of up to $500
  • Seize your bank accounts
  • Seize personal injury or workers’ compensation awards
  • Deny a passport or passport renewal
  • Intercept lottery winnings
  • Report to the credit bureau
  • Publish your name in the newspaper as a delinquent parent
  • Withhold monies from your Social Security or disability benefits

Can I Go to Jail for Unpaid Child Support in Pennsylvania?

If the court decides the non-custodial parent can pay some or all of their arrears, it may hold the payor in contempt of court. A parent who willfully fails to pay child support can be sent to jail for up to six months. Because the goal is to get the child support paid, the court can allow a work release program while the parent is in jail.

In extreme cases, the court may charge the non-paying parent with a misdemeanor or felony, which can result in further jail or prison time.

Child Support Modification

If a parent is having difficulties making their child support payments, they should contact the court. They may be able to file a petition to modify the existing support order. This requires going back to court and explaining why you can’t make your payments to the judge.

The judge is the only one with the power to change the amount you owe under a support order. They will only do this if you can demonstrate that you’ve experienced a material and substantial change in circumstances. For example, if you suffer serious injuries in a car accident and can no longer work, the court will likely modify your child support order. However, the court will likely deny your request if you choose to quit your job and cannot find a new one.

It’s important to note that the court cannot change the arrears you owe. You must pay these back or risk further enforcement action.

Pennsylvania Child Support Enforcement Laws at a Glance

The following table highlights the main provisions of Pennsylvania's child support enforcement laws.

Pennsylvania Child Support Enforcement Code Section

Title 231 Pa.C.S.A. Domestic Relations Rule 1910, et. seq.

Who is Responsible for Child Support Payments?

Both parents

What Agencies Are Part of Pennsylvania Child Support Enforcement?

  • Bureau of Child Support Enforcement (BCSE)
  • Domestic Relations Section (DRS)
  • Department of Human Services

Remedies Available for Non-Payment of Pennsylvania Child Support

  • Income withholding (paycheck and unemployment benefits)
  • Liens
  • Garnishing tax refunds (must be at least $500 in back support)
  • Garnish worker's compensation benefits
  • Suspension of driver’s licenses, professional licenses, and recreational licenses
  • Credit bureau reporting (must be at least 60 days in arrears)
  • Bench warrants for arrest
  • Passport denial or revocation
  • Civil contempt of court actions (which could result in a jail sentence)

Federal Enforcement of Child Support Payments

Under federal law, if a non-custodial parent moves out of Pennsylvania, the courts of every other state can still enforce the support order under the Uniform Federal Family Support Act.

If you need help locating the other parent, the government websites offer a Federal Parent Locator Service.

Related Resources

Get Help With Pennsylvania Child Support Enforcement Laws From a Lawyer

A child support order cannot be ignored with facing serious repercussions. If you're having problems making payments or need help enforcing a child support order, contact a skilled child support attorney in Pennsylvania for help.

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