The Family Support Act of 1988 requires a review of child support guidelines every four years. However, life circumstances can change. If so, you can file for child support modifications. You may need to modify child support independently of the four-year review requirement when they do.
Knowing when and how to ask for a change in Pennsylvania can help ensure your child support payments match your current situation. Here's what you need to know about how to modify paying child support.
What is a Child Support Modification?
A child support modification is a legal change to the original court order. A parent can request one when circumstances change. Those changes can affect the financial responsibilities or needs of the parents or children involved. Modifications can increase, decrease, or terminate child support obligations.
Schedule a consultation with a child support lawyer near you to determine if your circumstances warrant a modification. Our attorneys support clients throughout Bucks, Delaware, and Montgomery County, PA.
The Best Lawyers in America© cited several High Swartz family lawyers in its 2025 edition, so you can trust that you'll work with some of the best attorneys in your area.
Reasons for Requesting a Child Support Modification
In Pennsylvania, the courts will consider a child support modification only if circumstances have changed substantially. Common reasons include:
Change in Parent Income
A significant increase or decrease in either parent's income can justify a support modification. That change may relate to a new job, job loss, lay off, promotion, or demotion.
Change in a Child Custody Arrangement
Sometimes, the amount of time a child spends with each parent changes. If so, the court can modify the support order to reflect the new custody arrangement.
Change in the Child's Needs
Increased medical care, education, or special needs expenses can warrant a modification. The goal is always to ensure the child's basic needs are met.
Change in Parent's Circumstances
If a parent experiences a life-changing event, the changes can affect their financial ability to pay support. Examples include remarriage, having another child, or suffering a disability.
Emancipation of a Child
When a child turns 18 or becomes legally independent, the child support obligation may need to change or end. Read more about child support termination in Pennsylvania here.
How to Modify a Child Support Order in Pennsylvania
If you believe a modification is necessary, follow these steps to request a change to your child support order:
File a Petition for Modification
You can start by submitting a written petition to the Court of Common Pleas Domestic Relations Section (DRS). You must submit the petition to the county initially issuing the support order. This petition should include details of the substantial change in circumstances and supporting documentation.
You can access more information and the form at your county's website:
A child support attorney can help ensure you complete the petition accurately. If you have questions about submitting a modification in Bucks, Delaware, Montgomery, Chester or Philadelphia counties, please give us a call.
Attend the Modification Conference
After filing your petition, the DRS schedules a support conference. Both parents must attend. During this conference, the DRS officer will review the financial situations of both parties and any changes in circumstances. The conference location is determined by court and may be in person at the courthouse or virtually via zoom.
Provide Evidence Justifying the Support Modification
Be prepared to provide documentation supporting your request:
- Pay stubs
- Tax returns
- Medical bills and records
- Termination notice
- Marriage certificate
- Birth certificate
- School records
- Call, email, and text records
These documents help the DRS officer assess the justification for the modification.
Receiving the Court's Decision
DRS will issue a recommendation after reviewing all the evidence in your child support case. If both parties agree to the recommendation, it becomes a new court order. If not, the court schedules a hearing before a judge who will decide.
Support Modification Factors Considered by the Court
When deciding whether to approve a child support modification, Pennsylvania courts consider several factors, including:
- Current Financial Resources: The court considers parents' income and assets to decide how much they can support the child.
- Custody and Parenting Time: The child's time with their parents can influence how the court calculates child support.
- Child's Needs: Courts consider any changes in the child's needs, medical expenses, educational costs, and other special needs.
- Other Obligations: The court may also consider each parent's financial obligations, such as support for other children or debts.
Temporary vs. Permanent Modifications
Not all modifications are permanent. Some changes may be temporary, depending on the circumstances.
- Temporary Modifications: Courts may issue short-term changes based on temporary job loss or a short-term medical condition.
- Permanent Modifications: These apply to long-term or indefinite changes in circumstances, such as permanent job loss or disability.
Common Mistakes to Avoid When Seeking a Modification
Navigating the modification process can be complex. Again, a child support lawyer can guide you through the process.
To increase the likelihood of a successful modification, avoid these common mistakes:
- Failing to Act Promptly: If your financial situation has changed, file for a modification as soon as possible. Delaying can result in substantial unpaid child support, which is challenging to modify retroactively. Moreover, the domestic relations office can intervene if you fall behind for over three months. It can suspend your driver's license, hunting or fishing license, or any professional license.
- Inadequate Documentation: Courts require evidence to support a modification request. Ensure you have all necessary financial documents, including pay stubs, tax returns, and proof of expenses.
- Misunderstanding the Legal Process: The child support modification process can be confusing. Consult a family law attorney who can guide and represent your interests.
- Communication: A simple conversation with the co-parent about the need for a change may lead to an agreement. That avoids the time and expense of a court hearing.
What to Do the Court Denies Your Modification Request
You have options if the court denies your modification request:
- File an Appeal: You can appeal the court's decision if you believe the denial stems from an error in applying the law or the facts of your case.
- Wait for a Change in Circumstances: If your situation changes again, you can file a new petition for modification. You have no limit to how many times you can request a modification. If you have a substantial change in circumstances, you can file a support modification request.
- Seek Legal Advice: A family law attorney can help you understand the reasons for the denial. They can also advise you on the best steps to take moving forward.
How Often Can Child Support Be Modified?
Pennsylvania has no limit on how often you can modify a child support order. Again, a support modification depends on whether there has been a substantial change in circumstances.
However, courts will likely deny frequent requests for a modification without a legitimate change in circumstances.
Need Help with a Child Support Modification?
Understanding the modification process is crucial when you seek to increase, decrease, or terminate child support. Sometimes, the proper support can make all the difference.
Our family law firm serves clients in Bucks, Delaware, and Montgomery County, PA. Our family lawyers have the experience to ensure you get the desired results. They can help you navigate the legal system and advocate for your rights and your child's best interests. Give us a call.