Pennsylvania Child Support Modification Guide

Pennsylvania law requires a "substantial and continuing" change in circumstances. While not precisely defined, courts generally consider changes of 10-20% or more in income or other guideline factors as potentially substantial. The change must also be continuing (not temporary) and typically should have lasted at least 3-6 months. Additionally, either party can request modification after three years from the date of the last order, regardless of whether specific changes occurred.

In Pennsylvania, child support modifications go through the county Domestic Relations Section rather than directly to court. After filing a petition, you will be scheduled for a conference before a Hearing Officer. Both parties present their financial information and evidence. The Hearing Officer then issues a recommendation for modified support. If both parties agree, the recommendation becomes the order. If either party objects, they can file exceptions within 20 days and the case goes before a judge in the Court of Common Pleas.

Generally, no. Pennsylvania law provides that modifications are effective only from the date the petition is filed, not retroactively. This means any arrears that accumulated under the previous order remain due. However, in very limited circumstances involving fraud or misrepresentation, courts may order retroactive modification. The best practice is to file for modification as soon as you experience a substantial change to avoid accumulating arrears at the old rate.

Pennsylvania courts may deny modification or impute income at your previous earning level if you voluntarily reduced your income without good reason. However, voluntary changes made for legitimate purposes may be acceptable, such as: returning to school for career advancement, accepting lower-paying work due to health issues, relocating for a spouse's job, or accepting a position with better long-term prospects. You must demonstrate the change was made in good faith and not to avoid support obligations.

Pennsylvania guidelines include all forms of compensation in gross income, including overtime, bonuses, and commissions. If these forms of income are regular and ongoing, they will be factored into the support calculation. Courts typically average variable income over the past 2-3 years. If overtime or bonuses have been eliminated or significantly reduced and the change is permanent, this can be grounds for modification. You will need to provide documentation showing the income pattern over time.

Not necessarily. Many people successfully navigate the Domestic Relations conference process without an attorney. The process is designed to be accessible to self-represented parties, and Domestic Relations staff can provide procedural guidance (though not legal advice). However, consider hiring an attorney if: the case involves complex income issues (self-employment, multiple income sources), there are disputes about earning capacity or imputed income, the other party has an attorney, or you are uncomfortable representing yourself. Attorneys can also be helpful if exceptions are filed and the case goes to court.

Timeline varies by county. If the case is straightforward and both parties cooperate, a conference can be scheduled within 45-90 days of filing, with a recommendation issued within 2 weeks. If no exceptions are filed, the order becomes final 20 days later—total of about 3-4 months. If exceptions are filed, add another 3-6 months for court proceedings. Some counties have longer wait times for conferences due to caseload. Emergency situations may qualify for expedited review.

Under Pennsylvania Rule 1910.16-6(a), either party may request review and modification of a support order three years after the order was entered or last modified. At the three-year mark, you do not need to prove a specific changed circumstance—the passage of time itself is sufficient grounds. However, modification will only be ordered if the recalculated support amount is materially different from the current order. The review follows the same petition and conference process as a modification based on changed circumstances.