TheDivorceCalc.com

Pennsylvania Child Support Enforcement

Comprehensive guide to enforcement tools, collection methods, and penalties for unpaid child support under Pennsylvania law

23 Pa.C.S. § 4300 Series
Updated January 2025

Quick Facts: Pennsylvania Enforcement System

Primary Enforcement Agency
PA SCDU
State Collection and Disbursement Unit handles all payments
Wage Withholding
Automatic
Income withholding orders (IWO) sent to employer automatically
Criminal Contempt
Up to 6 Months Jail
Willful non-payment can result in criminal contempt and incarceration
Federal Assistance
Available
Federal tools include passport denial and tax refund intercept

Pennsylvania Child Support Enforcement System

Pennsylvania has one of the most comprehensive child support enforcement systems in the United States, combining state and federal tools to collect past-due support. Under 23 Pa.C.S. § 4300 series (Pennsylvania Domestic Relations Code) and federal law (42 U.S.C. § 666), the state employs a multi-layered enforcement framework administered by the State Collection and Disbursement Unit (SCDU) in coordination with county Domestic Relations Sections (DRS).

All Pennsylvania child support orders—whether established through court, administrative process, or agreement—are enforceable through these mechanisms. Enforcement tools range from automatic wage withholding to criminal contempt and incarceration. The guiding principle is that child support is a fundamental obligation that cannot be avoided, and the state will use all available legal remedies to ensure compliance.

Key features of Pennsylvania's enforcement system:

  • Centralized collection: All payments processed through SCDU for tracking and disbursement
  • Automatic wage withholding: Income Withholding Orders (IWO) issued in all cases
  • Federal partnership: Coordination with IRS, State Department, and federal databases
  • Escalating remedies: Enforcement escalates from administrative to civil to criminal as needed
  • No statute of limitations: Arrears remain collectible indefinitely with 6% annual interest

Enforcement Tools & Remedies

Pennsylvania employs a wide array of enforcement tools, organized by category below. Each tool includes the legal authority, description, and effectiveness rating.

Income-Based Enforcement

Income Withholding Order (IWO)

Automatic wage garnishment sent directly to employer. Required by law in all Pennsylvania child support orders. Employer must withhold support from paycheck and remit to SCDU. Failure to comply subjects employer to penalties.

23 Pa.C.S. § 4348
High - most common and effective tool

Federal Tax Refund Intercept

Pennsylvania can intercept federal (and state) tax refunds to pay past-due child support arrears exceeding $150. Administered through Federal Office of Child Support Enforcement (OCSE) and IRS.

42 U.S.C. § 664
Moderate - depends on refund availability

Unemployment Compensation Intercept

SCDU can intercept unemployment compensation benefits to satisfy child support obligations. Deductions taken automatically from UC payments.

23 Pa.C.S. § 4351
Moderate - limited to UC recipients

Workers' Compensation Intercept

Child support can be withheld from workers' compensation payments and disability benefits.

Pa.R.C.P. 1910.21
Moderate - limited to injured workers

License & Asset Restrictions

Driver's License Suspension

PennDOT can suspend driver's licenses of obligors who are at least $5,000 or 6 months in arrears. Notice must be provided with opportunity to contest. Restoration requires payment plan or compliance.

23 Pa.C.S. § 4355
High - strong compliance incentive

Professional & Occupational License Suspension

Pennsylvania can suspend or deny professional licenses (medical, legal, contractor, real estate, etc.) for non-payment of support. Licensing boards coordinate with SCDU.

23 Pa.C.S. § 4355.1
High - especially effective for licensed professionals

Recreational License Suspension

Hunting, fishing, and other recreational licenses can be suspended or denied for failure to pay child support.

23 Pa.C.S. § 4355
Moderate - limited impact but additional pressure

Passport Denial or Revocation

Federal law allows passport denial or revocation for arrears exceeding $2,500. U.S. State Department coordinates with state child support agencies. Name submitted to federal database.

42 U.S.C. § 652(k)
Moderate to High - prevents international travel

Financial & Property Enforcement

Bank Account Levy

Court can order seizure (levy) of funds from obligor's bank accounts to satisfy arrears. SCDU can use financial institution data match (FIDM) to locate accounts. Notice required before levy.

Pa.R.C.P. 1910.22
High - if accounts are located

Property Liens

Child support arrears create automatic statutory liens on real and personal property. Liens attach to real estate, vehicles, and other assets. Must be satisfied before property transfer.

23 Pa.C.S. § 4352(c)
High - prevents sale or refinance

Credit Bureau Reporting

Past-due child support (arrears exceeding $1,000) is reported to major credit bureaus (Equifax, Experian, TransUnion). Negative impact on credit score and borrowing ability.

42 U.S.C. § 666(a)(7)
Moderate - affects creditworthiness

Lottery & Gaming Winnings Intercept

Pennsylvania Lottery and casino winnings exceeding $5,000 can be intercepted to pay child support arrears. Automated matching system identifies winners with arrears.

23 Pa.C.S. § 4351.1
Low - depends on winnings occurrence

Court-Based Enforcement

Contempt Proceedings (Civil & Criminal)

Custodial parent or SCDU can file contempt petition for willful failure to pay support. Civil contempt: coercive, obligor jailed until purge amount paid. Criminal contempt: punitive, up to 6 months incarceration. Court must find ability to pay and willfulness.

23 Pa.C.S. § 4345
Very High - most severe remedy

Bench Warrant for Arrest

If obligor fails to appear at contempt hearing or violates support order, court can issue bench warrant for arrest. Obligor brought to court in custody.

Pa.R.C.P. 1910.14
High - compels appearance

Income & Asset Discovery

Court can order obligor to submit detailed financial affidavits, produce bank records, tax returns, and other financial documents. Subpoenas issued to employers, banks, etc.

Pa.R.C.P. 1910.27
Moderate - identifies hidden income/assets

Business & Self-Employment Enforcement

Business Seizure or Receivership

In extreme cases, court can appoint receiver to manage obligor's business or seize business assets to satisfy arrears. Rarely used but available for substantial arrears.

Pa.R.C.P. 1910.22
Low - drastic measure, rarely employed

Vendor Payment Intercept

Payments owed to obligor by vendors, clients, or contractors can be intercepted. Common for self-employed obligors or independent contractors.

Pa.R.C.P. 1910.21
Moderate - if payments are identifiable

How to Work with Pennsylvania SCDU

The State Collection and Disbursement Unit (SCDU) is your primary point of contact for all child support payments and enforcement in Pennsylvania. Here's how to effectively use SCDU services:

For Custodial Parents (Receiving Support):

  • Register with SCDU to receive payments via direct deposit, debit card, or check
  • Access your case online through PA Child Support Portal to view payment history and arrears
  • Report non-payment immediately—SCDU can initiate enforcement actions
  • Request enforcement remedies such as license suspension, contempt, or tax intercept
  • Keep SCDU updated with current address and contact information

For Non-Custodial Parents (Paying Support):

  • Make all payments through SCDU—never pay the other parent directly (won't count as credit)
  • Set up automatic payments via bank account, payroll deduction, or online portal
  • Keep detailed payment records and receipts as proof of compliance
  • If you cannot pay, immediately file for modification—don't just stop paying
  • If facing enforcement action (license suspension, contempt), respond promptly and work with SCDU to resolve

Contact SCDU:

Frequently Asked Questions

What is the Pennsylvania State Collection and Disbursement Unit (SCDU)?

The SCDU is Pennsylvania's centralized unit responsible for collecting, processing, and distributing all child support payments in the state. Established under federal law (42 U.S.C. § 654b), SCDU receives payments from obligors or employers, maintains payment records, and disburses funds to custodial parents. All Pennsylvania child support orders require payments to be made through SCDU, not directly to the other parent. SCDU also coordinates enforcement actions such as wage withholding, tax intercepts, and license suspensions.

How does wage garnishment (income withholding) work in Pennsylvania?

Income withholding is automatic in all Pennsylvania child support cases. Once a support order is entered, the court issues an Income Withholding Order (IWO) under 23 Pa.C.S. § 4348, which is sent to the obligor's employer. The employer must deduct the support amount from the employee's paycheck and remit it to SCDU within 7 business days. The maximum amount that can be withheld is governed by federal law (50-65% of disposable income, depending on circumstances). Employers who fail to comply face penalties including liability for the unpaid support.

Can I go to jail for not paying child support in Pennsylvania?

Yes. Under 23 Pa.C.S. § 4345, willful failure to pay child support is punishable by contempt of court. Civil contempt is coercive: you can be jailed until you pay a "purge amount" set by the court (often a portion of arrears). Criminal contempt is punitive: you can be sentenced up to 6 months in jail as punishment. The court must find that you had the ability to pay and willfully refused. Inability to pay due to genuine financial hardship (job loss, disability) is a defense, but you must prove it and seek modification of the order rather than simply not paying.

What happens to child support arrears if I lose my job?

Child support arrears (past-due amounts) continue to accrue even if you lose your job. Pennsylvania support orders do not automatically adjust for unemployment. You must immediately file a petition to modify the support order under 23 Pa.C.S. § 4352, showing the material change in circumstances (job loss). Until the court modifies the order, the full amount remains due, and arrears accumulate. You may qualify for reduced support during unemployment, but the court decides. Ignoring the obligation and hoping arrears will disappear is not an option—they remain collectible indefinitely and continue to grow with interest.

Can Pennsylvania suspend my driver's license for unpaid child support?

Yes. Under 23 Pa.C.S. § 4355, PennDOT can suspend your driver's license if you are at least $5,000 or 6 months in arrears on child support. SCDU sends notice to you and PennDOT. You have the right to contest the suspension by requesting a hearing and demonstrating compliance or inability to pay. To restore a suspended license, you must either: (1) pay the arrears in full; (2) enter into a court-approved payment plan and make consistent payments; or (3) demonstrate the arrears are not owed. Driving on a suspended license is a criminal offense in Pennsylvania.

How do I enforce a child support order if the other parent is self-employed?

Enforcing support against self-employed obligors is more challenging but still possible. Options include: (1) Bank account levy—SCDU can locate and seize funds from bank accounts; (2) Property liens—arrears create liens on real estate, vehicles, and business assets; (3) Vendor payment intercept—payments owed to the obligor by clients or customers can be garnished; (4) Contempt proceedings—court can jail obligor for willful non-payment; (5) Tax refund intercept—federal and state refunds can be seized; and (6) Financial discovery—court can order detailed disclosure of income and assets. You may need to work with an attorney to pursue aggressive enforcement.

Can the federal government deny my passport for unpaid child support?

Yes. Under 42 U.S.C. § 652(k), the U.S. Department of State can deny, revoke, or restrict passports for individuals owing more than $2,500 in child support arrears. Pennsylvania SCDU submits names of delinquent obligors to the federal Office of Child Support Enforcement (OCSE), which certifies them to the State Department. You will receive notice before passport action. To remove the certification, you must pay arrears below $2,500, enter a repayment agreement, or successfully contest the arrears. This remedy is particularly effective for obligors who travel internationally for work or personal reasons.

What is the interest rate on Pennsylvania child support arrears?

Pennsylvania law (23 Pa.C.S. § 4352) provides that child support arrears accrue simple interest at the rate of 6% per year. Interest begins accruing on the date the support payment was due and unpaid. For example, if you owe $10,000 in arrears, you accrue $600 per year in interest ($50/month). Interest cannot be waived by the custodial parent without court approval, as the child has a vested interest in the support. Arrears with interest remain collectible indefinitely—there is no statute of limitations on child support debt in Pennsylvania.

Critical Warning: Do Not Ignore Child Support Obligations

Ignoring a child support order in Pennsylvania has serious consequences that escalate over time:

  • Arrears accumulate at 6% annual interest—debt grows every month
  • Driver's and professional licenses can be suspended, affecting employment
  • Credit score is damaged, limiting ability to borrow or rent
  • Passport can be denied or revoked, preventing international travel
  • Tax refunds and unemployment benefits are intercepted
  • Bank accounts and property can be seized
  • You can be held in criminal contempt and jailed for up to 6 months

If you cannot pay due to job loss, illness, or other hardship, immediately file a petition to modify the support order. Do not simply stop paying and hope the problem goes away—it will only get worse.

References & Accuracy Statement

Legal References

Content Accuracy & Updates

This guide is based on Pennsylvania statutes and rules in effect as of January 2025. Child support enforcement laws and procedures are subject to legislative amendments and changes in administrative policy.

This content is for educational purposes only and does not constitute legal advice. Enforcement actions are fact-specific and vary by case. The availability and effectiveness of enforcement tools depend on individual circumstances, the obligor's assets and income, and court discretion. For advice on enforcing or defending against enforcement of a specific support order, consult a licensed Pennsylvania family law attorney.

Last Updated: January 15, 2025
Content Review: Based on current Pennsylvania and federal law