Navigating the Support Process
Domestic Relations Section
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Filing for Support
- In child support cases, the person receiving support is the plaintiff (custodial parent), and the person paying support is the defendant (non-custodial parent).
- The plaintiff may begin an application for child support online at www.childsupport.pa.gov. Upon successful application, the plaintiff will be contacted to sign and file a complaint for support. The effective date of the support order is the date the complaint for support is filed, not the date of the application.
- The plaintiff may file a complaint for support in person between the hours of 8:00 a.m. and 3:15 p.m., Monday through Friday. The plaintiff will then participate in an intake interview on a first come, first serve basis, taking approximately one (1) hour. If the defendant resides in another Pennsylvania county or out of state, it is recommended the plaintiff appear earlier than 3:15 p.m., as the intake interview may take longer to better assist with these more complex filings.
- The plaintiff should provide as much as the following documentation as possible with a completed Intake Data Sheet.
- Plaintiff/Custodial Parent
- Photo ID and Social Security number
- Employer name and address
- Marriage license and/or divorce decree (if applicable)
- Defendant/Non-Custodial Parent
- Full name, address, and date of birth
- Social Security number and employer
- Names and addresses of closest relatives
- Any additional details that may help in location
- Child(ren)
- Full name(s) and date(s) of birth
- Social Security number(s) and birth certificate(s)
- After the intake interview, a support conference is scheduled before a conference officer. The plaintiff receives notice immediately and the defendant receives notice by regular and certified mail. The plaintiff and defendant must appear for the support conference.
- A support conference is not scheduled if the defendant's location is unknown. The Federal Parent Locate System (FPLS) and various federal, state, and local resources are used to locate the defendant by using their full name, date of birth, and social security number.
- At the support conference, the conference officer makes the final decision on who is the plaintiff and who is the defendant based on custodial arrangements, incomes, support guidelines, existing laws, and evidence presented. In some cases, the person initially named as the defendant may be deemed as the plaintiff. This does not apply to cases involving spousal support or alimony pendente lite (APL).
Establishing a Support Order
- A conference officer conducts the support conference to establish a support order for the child(ren), taking approximately one (1) hour and thirty (30) minutes. The plaintiff and defendant must appear for the support conference.
- The plaintiff and defendant are required to bring the following documentation:
- Paystubs for the past 6 months
- Most recent tax return and/or W-2 statements
- Verification of additional income or assets
- Completed income and expense report
- Verification of child care expenses
- Verification of other income/assets
- Proof of medical insurance coverage/insurance cards
- Verification of health insurance premium costs (medical, dental, vision)
- If claiming a disability and/or inability to earn income, proof from a medical provider
- Any other information that assists in determining the monthly support order
- The conference officer may disregard any argument or contested expense not supported by written documentation. Documentation may not be submitted after the support conference has ended.
- The support order is calculated based on Pennsylvania Support Guidelines. The plaintiff and defendant may agree to the guideline amount or a different amount. If an agreement is reached, a support order is entered. If the plaintiff is a recipient of cash assistance from the Department of Human Services (DHS), the plaintiff and defendant may not agree to deviate from the guideline amount. If an agreement is not reached, an interim (temporary) support order is entered and the case is scheduled for a hearing before the hearing officer, who is an attorney. The plaintiff and defendant receive a copy of the interim support order and notice to appear for the hearing. The plaintiff and defendant must appear for the hearing.
- The hearing officer takes sworn testimony from the plaintiff, defendant, and any witnesses. After the hearing, the hearing officer issues a summary report and a proposed support order. If the plaintiff or defendant does not contest, the proposed support order becomes a final support order.
- The plaintiff or defendant who fails to appear, or arrives 15 minutes or more past the scheduled conference or hearing time is considered late, which may result in the entry of a support order in their absence or dismissal of the complaint for support.
Establishing Paternity
- If paternity is not legally established, it must be resolved before a support conference can begin to establish a support order
- If the alleged father denies paternity, genetic testing is scheduled. If the alleged father fails to appear for genetic testing or for an initial support conference for which he was served, the court may issue an order officially naming the alleged father as the legal father of the child(ren).
- If the alleged father acknowledges himself as the legal father, he may sign an Acknowledgment of Paternity.
- Once paternity is legally established, a support conference proceeds to establish a support order.
Modifying an Existing Support Order
- To modify or change a support order, the plaintiff or defendant must show a substantial change in circumstances, such as a significant change in income or custody arrangements.
- Pennsylvania law requires that the plaintiff and defendant be sent notice by regular mail every three (3) years from the date of the last support order reminding them of their right to request a review of their support order. The plaintiff or defendant may then file a petition for modification to determine if any changes are warranted based on the current support guidelines.
- A petition for modification may be filed in person, or online at www.childsupport.pa.gov. A petition for modification is only accepted when completed fully.
- When a petition for modification is filed, a modification conference is scheduled before a conference officer. Notices to appear are sent to the plaintiff and defendant by regular mail. The plaintiff and defendant must appear for the modification conference.
- The plaintiff or defendant who fails to appear, or arrives 15 minutes or more past the scheduled modification conference or hearing time is considered late, which may result in the entry of a modified support order in their absence or dismissal of the petition for modification.
Support Payments
- When the defendant has a regular source of income (wages, benefits such as unemployment, worker's compensation, social security disability, retirement, pension), an income withholding order is issued. The employer or benefits provider deducts support payments and sends them to the Pennsylvania State Collection and Disbursement Unit (PA SCDU) in Harrisburg, PA.
- If full support payments are not being received through an income withholding order, the defendant must make support payments directly using one of the Support Payment Options
- Regular support payments are not accepted over-the-counter in the docketing unit of the DRS unless specifically court-ordered. A TouchPay kiosk is available during regular business hours (Monday-Friday, 8:00 a.m. - 4:30 p.m.) for payments by cash or credit/debit card. Fees apply.
- When the defendant has multiple support cases, support payments are divided proportionally among all cases per the Pennsylvania Rules of Civil Procedure.
- When a support payment is made, the payment is forwarded to the plaintiff by direct deposit to a bank account or by a Way-to-Go Card (debit card).
Enforcing a Support Order
- Judicial and administrative enforcement actions are initiated when the defendant fails to comply with the support order. They enforce a defendant's compliance and are used as a tool to collect back support.
Locating an Absent Non-Custodial Parent
- If the defendant's location is unknown, the Federal Parent Locate System (FPLS) and various federal, state, and local resources are used to locate the defendant by using their full name, date of birth, and social security number. Information such as current or former employers, social media accounts, prior arrests or incarcerations, and additional dependents may also assist in location efforts.
- If the defendant is unable to be located within the timeframes as established in the Code of Federal Regulations (45 CFR 303.11), the support case may be closed.
Out of State Non-Custodial Parent
- When filing a complaint for support against the defendant residing outside Pennsylvania, the plaintiff may file under the Uniform Interstate Family Support Act (UIFSA). This federal act streamlines the process of establishing and enforcing support orders across state lines and jurisdictions, ensuring consistency in case management despite any varying laws. During the intake interview, the case is evaluated to determine if it will be filed locally or through UIFSA.
- If the out-of-state defendant fails to comply with an existing Pennsylvania support order, UIFSA allows registration of the Pennsylvania support order to the defendant's state or jurisdiction to allow for full enforcement of all support order terms and provisions.
Other Filing Procedures (Exceptions, Motions)
- Instructions for Filing Exceptions
- Motions regarding support matters must be filed with the DRS docketing unit. Submission of the original Motion and one (1) copy is required. It is not necessary to provide a copy to court administration or the judge. Refer to LC.R.Civ.P. 208.3(a), 208.3(b).
Legal Advice and Representation
- As judicial employees, DRS staff are prohibited from providing legal advice.
- For assistance with obtaining an attorney, contact the Lawyer Referral Service of the Lehigh County Bar Association at (610) 433-7094 or lehighbar.org.
Document Submission
- When submitting documents, standard photos taken with a mobile device are not accepted. Submitted documents must be clear, high-quality scans. Most modern smartphones have built-in scanning capabilities as shown below:
Security and Visitor Policy
- When entering the Lehigh County Courthouse, individuals and personal belongings must pass through a security checkpoint and metal detector.
- When entering the DRS, individuals must check in at the front desk and provide photo identification. Entry is restricted to individuals conducting official court business and seeking support services.
- Individuals are strongly discouraged from bringing children unless they are scheduled for genetic testing. Children are not permitted to attend conferences or hearings under any circumstances.
Electronic Audio/Video Recording Devices
- The use of any electronic device to produce an audio/video recording of any judicial proceeding (conference or hearing) is strictly prohibited.
