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Domestic Relations

Show All Answers

1. Do I need an attorney to file for child support?

No, you do not need an attorney to file a case in the Domestic Relations office. You may start an action in person or online. To start an action online, visit www.childsupport.state.pa.us.  You may start an action in person by visiting our office any weekday between 8:30am-3pm and we will explain the process and help you complete and file the necessary paperwork. 

2. I want to file a support action. What kind of information do I need to bring to your office ?

Please bring the following information:

• If possible, fill out the Intake Information Sheet, print it and bring it with you
• All known information about the non-custodial parent (the person you are seeking child support from):
  • address
  • employer
  • bank accounts
  • vehicle information
  • cell phone and email
  • relatives
• Bring the following information for each child you are filing for:
  • birth certificate
  • social security card
  • medical insurance cards

Your interview will take about one hour.

3. How long will it take before I start receiving payments?

If an order is entered after the initial support conference, a wage attachment will be issued immediately. It normally takes an employer two to three weeks to begin deductions from the defendant’s paycheck. The defendant is required by law to make payments on his/her own until the automated deduction is completed. If payments do not arrive in a timely fashion, the Enforcement Officer assigned to your case will investigate with both the employer and the defendant.

4. How long after my intake interview until my conference is scheduled ?

Generally it takes 3-4 weeks from the date of your intake until the date of your conference.

5. What happens if the defendant does not come to the initial conference?

If the defendant has been served with notice to appear (this is usually handled by our office through certified mail), and we have wage information and paternity has been established, a temporary order for support will be issued and a hearing will be scheduled before a Hearing Officer. If we don’t have proper service or wage information, we will continue our efforts to obtain this information and reschedule the conference. If the defendant does not live in Chester County, we may request another county or state to enter the order. We process all necessary paperwork in that event.

6. What is the cost of Genetic (DNA) Testing?

$56.85 per family. Testing is performed on mother, father and child.

7. What should I bring to the support conference?

You will receive an Order to Appear for the conference with a list of the required documents. These documents include

• most recently filed tax return
• paystubs for the past six months
• written verification of child care expenses
• proof of any medical insurance coverage
• any information relating to your professional licenses

Defendants should be prepared to make their first payment at the conference.

8. I am still a minor, do I still need to appear for the conference?

By all means you must appear for the conference and you should also bring a parent/ guardian along with you.

9. I am afraid to be in the same room with the other party, but we are ordered to appear for a conference together. How can you protect me?

Please call the our office (610-344-6215) as far in advance of the conference as possible. We will arrange for a sheriff to be present at the conference, and to escort you to your car if necessary.

10. I have heard of a document called an Income and Expense form, do I need that?

No. You do not need to complete that for the support conference.

11. What happens if I have filed for spousal support and the defendant challenges my right to get it?

If the defendant challenges your entitlement on economic grounds, a Temporary Order can be entered, even if no divorce complaint has been filed. If the conference officer has the proper financial information, there is a pending divorce complaint filed in Chester County, and there is an Equitable Distribution claim included in that complaint, the conference officer will enter a temporary order for spousal support even if the defendant challenges the plaintiff’s entitlement. This applies to Alimony Pendente Lite (APL) as well.

12. How will the conference officer calculate the support obligation?

Using the parties’ incomes and the Pennsylvania Support Guidelines, the conference officer will calculate the proper amount of support owed by law.

13. What does the conference officer consider “income?”

Income for purposes of support is “net income.” Net income is gross income from any source less taxes and mandatory retirement and union dues.

14. What is basic child support intended to cover?

Basic child support is intended to cover the following for the child in question:

• food
• clothing
• housing for the children in question. 

Responsibility for other expenses, such as child care and health insurance premiums, is assigned to the parties, depending on who pays them directly and usually in proportion to their incomes, and added to the base amount.

15. Do I need an attorney to represent me at the conference ?

It is always wise to seek legal counsel, but it is not mandatory to have an attorney represent you at the support conference. If either party does not agree with the guideline amount calculated at the conference, they can request the case be listed for a Support Hearing. Most plaintiff’s are entitled to a staff attorney to represent them at the Support Hearing.

16. What if the other party does not appear at the conference ?

If he/she has been properly served with notice of the conference, regardless of whether plaintiff or defendant, an order may be entered in his/her absence.

17. How long does a conference take ?

Approximately one and a half hours.

18. Can I speak to the conference office prior to my conference date?

Generally, no. The conference officer is an impartial third party. Out of fairness, he/she can only speak with the clients when both are present at the time of the conference.

19. How long will support continue ?

Children are entitled to support until they are emancipated. In Pennsylvania, emancipation is defined as lasting until age 18, or until the child graduates high school, whichever occurs later. Emancipation may be later for children with special needs. That determination is up to the Court.

20. Does visitation affect the amount of the child support order?

Yes. Depending on the amount of overnight time the child is with either party.

21. What if the date and time of the conference is not good for me ?

Most often,  conferences will be  rescheduled by the agreement of both parties. If there is no agreement to reschedule the conference the Court may make a determination to reschedule that conference to the next available date.

22. What time must I appear for a Support Hearing ?

You will receive notice of your hearing either in person at you conference or through the U.S. Mail. We schedule 20 hearings per day, Monday, Tuesday and Wednesday. All hearings are scheduled at 9:00 a.m. The Hearing Officer will call the list, assign an order to the list and hear the cases in that order. You are required to remain until dismissed by the court.

23. What if I don't appear ?

If you know about your hearing and you don’t appear, an order may be entered in the other party’s favor or a bench warrant may be issued for your arrest.

24. I can’t afford an attorney, but I want representation. What can I do?

If you are a plaintiff, a Domestic Relations Staff attorney will represent you. Ask for representation while you are at the conference, so that they will have time to prepare your case.
If you are a defendant, staff attorneys cannot represent you. You should contact the Chester County Bar Association at (610) 692-1889 for assistance.

25. What is the fee to file a petition?

The fee is $20.00 for a client or $10.00 for an attorney.

26. Is there a fee for copies ?

Yes, $ .50 per page.

27. How much does an employer take out of a defendant’s paycheck if the defendant does not make enough to meet his/her monthly support obligation?

Between 50% and 65% of the defendant’s disposable income, depending on the case.

28. Who do I inform if any of my personal information changes?

You should inform your enforcement officer and/or their support staff; or update your information online at www.childsupport.state.pa.us.  You must inform us immediately of any changes, including address, telephone number or employer.  

29. How far behind does a defendant have to be before we enforce an order?

Usually, we begin enforcement right away with a wage attachment. For other enforcement remedies, defendant must be at least 30 days delinquent.

30. Who is my enforcement officer?

All clients are assigned an enforcement officer to help you with your case. Assignments are made based on the defendant’s last name. We usually give you that name and contact information at the conclusion of your first conference. You may call our office during normal business hours Monday through Friday, 8:30 a.m. -4:30 p.m. to find out exactly who has been assigned to your case. Our phone number is (610) 344-6215 and our Fax number is (610) 344-6977.

31. How do I request an update on my case?

We have many options available to you. You can visit the Pennsylvania Child Support website at http://www.childsupport.state.pa.us/ for an update. There you can sign up for alerts and emails as well. You may also contact our office by phone at 610-344-6215 or using our Automated voice response number 1-800-221-INFO

32. What techniques can be used to enforce my order?

The following are some of techniques that may be used: Credit Bureau Reporting, Driver’s License Suspension, Professional License Suspension, Recreational License Suspension, Tax Refund Intercept, Income attachment, Arrears conferences Contempt Court, Seizure of bank accounts or other assets, Passport denial, or intercept of lottery winnings. 

33. How long do I have to pay child support?

Children are entitled to support until they are emancipated. In Pennsylvania, emancipation is defined as lasting until age 18, or until the child graduates high school, whichever occurs later. Emancipation may be later for children with special needs. That determination is up to the Court.

34. Who do I call with custody, visitation or divorce questions?

Call your private attorney or Family Court Administration at (610) 344-6405.

35. Why do I feel as though your office is not on my side?

Anyone who needs the services of our office is in a very difficult situation. Our job is to remain impartial and to serve both sides fairly. Sometimes it may seem that we are not on your side when we are prohibited by policy or law from doing what you ask. Be assured, we always aim to provide outstanding service and to help you during this trying time in any way we can.

36. How far behind in payment do I have to be before I am considered delinquent?

30 days

37. How do I change an entry on my credit report?

Once you have received a 30-day warning letter, contact your enforcement officer. He/she may be able to prevent the entry from being submitted. If you have already been reported, and you need to correct the entry, contact the credit bureau and file a consumer dispute (credit agencies require you to contact them directly). The credit agencies are Equifax, CBA and Transunion.