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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Question End Of Child Support

    My question involves child support in the State of: Pennsylvania
    I Live in Texas and my child resides in Pennsylvania. My child is about to turn eighteen and graduate from High School. What steps do I need to take to stop the Child Support from being deducted from my Payroll check?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,170

    Default Re: End Of Child Support

    What does the support order say?

    It doesn't automatically end at graduation from high school, the 18th birthday, or any other milestone. It ends when the support order says it ends.

    My stepson graduates from college next month and will be 22 the month after, and we're still paying support on him. My husband thought it ended at age 21, but upon checking the order realized that we still had almost a year to go.

    So check the support order before you worry about how to go about stopping it. For that matter, the order may specify how to stop.

  3. #3
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: End Of Child Support

    If your order is silent on when the obligation ends, you'll need to either notify the state CSE, or file in court to stop the garnishment.

    Before you do that though, you'll need to read the appropriate state's laws as to age that CS is supposed to end.

  4. #4
    Join Date
    Apr 2008
    Posts
    3

    Question Re: End Of Child Support

    I was never married to the Child's mother, I did not know I had a child until they were three. The mother filed in Pennsylvania for CS and then the state of Texas served me with the notification for paternity. The paternity test was positive. I then paid arears for the three years that I was unaware of the child, as well all of the years since.
    SO I am not sure if I go through the state of Texas to stop the payments or through the state of Pennsylvania. Any help is greatly appreciated.

  5. #5
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: End Of Child Support

    Quote Quoting Taltos2
    View Post
    I was never married to the Child's mother, I did not know I had a child until they were three. The mother filed in Pennsylvania for CS and then the state of Texas served me with the notification for paternity. The paternity test was positive. I then paid arears for the three years that I was unaware of the child, as well all of the years since.
    SO I am not sure if I go through the state of Texas to stop the payments or through the state of Pennsylvania. Any help is greatly appreciated.
    What state actually issued the support order?

    If it was a court order, you can contact the court in both state's to get a copy of the order.

    If it was an administrative order (issued by a state CSE without going to court) you can contact both state's CSE agencies to get a copy of the order.

  6. #6
    Join Date
    Apr 2008
    Posts
    3

    Thumbs up Re: End Of Child Support

    Thank You for the information. It has been most useful.

  7. #7

    Default Re: End Of Child Support

    From the facts presented, it appears that the child support order is from PA (the issuing state) and has been registered in TX for purposes of enforcement by TX support enforcement and, possibly, modification, all as provided by the UIFSA laws (Uniform Interstate Family Support Act) of each state.

    So long as at least one parent (or the child) continues to live in the issuing state (PA), the order rendered by that state (PA) remains the "controlling order." The extent and duration of the obligation is determined by the "controlling order" and the laws of the state that issued the controlling order. Here, that means PA law controls.

    Under Pennsylvania law, parents have a duty to support their children until the children are emancipated. Pa Cons. Statutes § 4321. Whether a child is emancipated depends on the facts of each particular case. In the vast majority of cases, once a child turns 18 and has graduated from high school, the child is emancipated. (This is different from other states that require a parent to continue to pay support while a child is in college. Unlike other states, Pennsylvania’s law does not require that parents contribute toward college tuition or other higher education expenses after a child is emancipated.)

    (PA did enact a post-secondary educational support law in 1993, 23 Pa Code sec. 4327, but that statute was declared unconstitutional, and therefore unenforceable, by the Pennsylvania Supreme Court in the case of Curtis v. Kline, 542 Pa 249, 666 A2d 265 (1995). The court wisely recognized that the statute violated the principle of “equal application of the law” since it only apply to divorced, legally separated and never married parents, with no authority allowing a judge to impose any such support obligation on married parents residing together.)

    In order to terminate a Pennsylvania child support order, a Petition to Vacate needs to be filed several weeks prior to the child’s eighteenth birthday or high school graduation, whichever event occurs later. The termination will not happen automatically. The Petition to Vacate is filed in Pennsylvania, not Texas. (Texas is merely enforcing the Pennsylvania order. As such, Texas has no authority to terminate the controlling support order issued by another state.)

    However, even without a Petition to Vacate being filed, the obligation may end up being terminated within one year of the child attaining age 18, in accordance with the procedure set forth in Pennsylvania Rules of Civil Procedure, Title 231, ch. 1910, Rule 1910.19, § (e).

    ========================
    Procedurally, here’s how the situation is handled in PA, as set forth in Pennsylvania Rules of Civil Procedure, Title 231, ch. 1910, Rule 1910.19:
    -----> (a) A petition for modification or termination of an existing support order shall specifically aver the material and substantial change in circumstances upon which the petition is based. A new guideline amount resulting from new or revised support guidelines may constitute a material and substantial change in circumstances. The existence of additional income, income sources or assets identified through automated methods or otherwise may also constitute a material and substantial change in circumstances.
    -----> (b) The procedure upon the petition shall be in accordance with Rule 1910.10 et seq.
    -----> (c) Pursuant to a petition for modification, the trier of fact may modify or terminate the existing support order in any appropriate manner based upon the evidence presented.
    -----> (d) All charging orders for spousal support and alimony pendente lite shall terminate upon the death of the payee spouse.
    -----> (e) Within one year of the date a child who is the subject of a child support order reaches eighteen (18) years of age, the domestic relations section shall issue an emancipation inquiry and notice to the obligee, with a copy to the obligor, seeking the following information:
    (1) confirmation of the child’s date of birth, date of graduation or withdrawal from high school;
    (2) whether the child has left the obligee’s household and, if so, the date of departure;
    (3) the existence of any agreement between the parties requiring payments for the benefit of the child after the child has reached age eighteen (18) or graduated from high school; and
    (4) any special needs of the child which may be a basis for continuing support for that child beyond the child’s eighteenth birthday or graduation from high school, whichever is last to occur.
    The notice shall advise the obligee that if the inquiry is not returned within thirty (30) days of mailing or if there is no agreement or the child does not have any special needs, the charging order may be modified or terminated by the court. When no other children are subjects of the child support order and the obligee either does not return the emancipation inquiry within thirty (30) days of its mailing or does not assert grounds for continuing support for the child, then the court shall have the authority to administratively terminate the child support charging order without further proceedings at any time on or after the last to occur of the date the last child reaches age eighteen (18) or graduates from high school. Termination of the charging order shall not affect any arrears accrued through the date of termination. The court shall have the authority to enter an order requiring the obligor to pay on arrears in an amount equal to the amount of the charging order until all arrears are paid.
    If the order applies to another child or children and/or the obligee asserts that there is an agreement between the parties or that a child has special needs requiring continued support, then the domestic relations section may schedule a conference to determine if the charging order should be modified.
    -----> (f) Upon notice to the obligee, with a copy to the obligor, explaining the basis for the proposed modification or termination, the court may modify or terminate a charging order for support and remit any arrears, all without prejudice, when it appears to the court that:
    (1) the order is no longer able to be enforced under state law; or
    (2) the obligor is unable to pay, has no known income or assets and there is no reasonable prospect that the obligor will be able to pay in the foreseeable future.
    The notice shall advise the obligee to contact the domestic relations section within 60 days of the date of the mailing of the notice if the obligee wishes to contest the proposed modification or termination. If the obligee objects, the domestic relations section shall schedule a conference to provide the obligee the opportunity to contest the proposed action. If the obligee does not respond to the notice or object to the proposed action, the court shall have the authority to modify or terminate the order and remit any arrears, without prejudice.

    Whew! OK, enough legal information and advice for now.

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