Q: I want to file for child support, but I cannot afford an attorney. Can your office help?
A: Yes. You do not need an attorney to file a case in our office. You can walk in, anytime between 8:30 a.m. and 2:00 p.m., Monday through Friday, and we will explain and help you complete and file the necessary paperwork. If you’d like, we can also arrange for free legal representation for you through our legal department.
Q: I want to file a support action. What kind of information do I need to bring to your office ?
will take about one hour when you come in.
A: 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 deducting the money from the defendant’s paycheck. The defendant is required by law to make payments on his/her own until it begins coming out of his/her paycheck. If payments do not begin in a timely fashion, the Enforcement Officer assigned to your case will investigate with both the employer and the defendant.
A: If the defendant has been properly 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 Master. If we don’t have proper service or wage information, we will continue our efforts to obtain those things 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 take care of all necessary paperwork in that event.
Q: What is the cost of Genetic (DNA) Testing?
A: $45.00 per person (Mother, Father and Child are tested.)
Q: What should I bring to the conference?
A: You will receive an Order to Appear for the conference with the required documents listed on it, including your most recently filed tax return, your paystubs for the last six months, a written verification of child care expenses, proof of any medical insurance coverage that you may have and any information relating to your professional licenses.
Defendants should be prepared to make their first payment AT THE CONFERENCE.
Q: I am still a minor, do I still need to appear for the conference?
A: By all means you must appear for the conference and you should also bring a parent/ guardian along with you.
Q: 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?
A: Please call the conference unit 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.
Q: I have heard of a document called an Income and Expense form, do I need that?
A: No. You do not need to complete that for the support conference.
Q: What happens if I have filed for spousal support and the defendant challenges my right to get it?
A: 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. If the defendant challenges your entitlement on economic grounds, a temporary order can be entered, even if no divorce complaint has been filed.
Q: How will the conference officer calculate the support obligation?
A: Using the parties’ incomes and the Pennsylvania Support Guidelines, the conference officer will calculate the proper amount of support owed by law.
Q: What does the conference officer consider “income?”
A: Income for purposes of support is “net income.” Net income is gross income from any source less taxes and mandatory retirement and union dues.
Q: What is basic child support intended to cover?
A: Basic child support is intended to cover food, clothing and 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.
Q: Do I need an attorney to represent me at the conference?
A: It is always wise to seek legal counsel. However, it is not mandatory to have an attorney represent you. Our staff attorneys do not represent clients at the conference level, but if you are uncomfortable with the outcome of your conference, you can ask for one. He/she will represent you at the Master Hearing.
Q: What if the other party does not appear?
A: If he/she has been properly served with notice of the conference, regardless of whether he/she is the plaintiff or defendant, an order may be entered in his/her absence.
Q: How long does a conference take?
A: Approximately one hour.
Q: Can I speak to the conference office prior to my conference date?
A: 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.
Q: How long does child support last?
A: 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.
Q: Does visitation affect the amount of the child support order?
A: Yes. Depending on the amount of overnight time the child is with either party.
Q: What time must I appear for my hearing?
A: 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 Master 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.
Q: What if I don’t appear?
A: If you know about you 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.
Q: I can’t afford an attorney, but I want representation. What can I do?
A: 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.
Enforcement Support Staff
Q: What is the fee for a client to file a petition?
A: $20.00
Q: What is the fee for an attorney to file a petition?
A: $10.00
Q: What is the fee for copies?
A: $.50 per page.
Q: 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?
A: Between 50% and 65% of the defendant’s disposable income, depending on the case.
Q: Who do I inform if any of my personal information changes?
A: Your enforcement officer and/or his/her support staff. You must inform us immediately of any changes, including address, telephone number or employer.
Q: How far behind does a defendant have to be before we enforce an order?
A: Usually, we begin enforcement right away with a wage attachment. For other enforcement remedies, defendant must be at least 30 days delinquent.
Q: Who is my enforcement officer?
A: All clients are assigned an enforcement officer to help you with your case. Assignments are made based on the defendant’s last name. 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) 344-6636 and our Fax number is (610) 344-6977.
Q: How do I request an update on my case?
A: You can visit the Pennsylvania Child Support website at
http://www.childsupport.state.pa.us/ for an update. You can also submit a written request for an update to your Enforcement Officer by U.S. Mail or fax.
Q: What techniques can be used to enforce my order?
A: The following is a list of techniques that may be used:
- Credit Bureau Reporting
- Driver’s License Suspension
- IRS Tax Refund Intercept
- Wage attachment
- Arrears conferences
- Contempt Court
- Seizure of bank accounts
- Passport denial
- Lottery intercept
Q: How long do I have to pay child support?
A: 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.
Q: Who do I call with custody, visitation or divorce questions?
A: Call your private attorney or Family Court Administration at (610) 344-6405.
Q: Why do I feel as though your office is not on my side?
A: 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.
Q: How far behind in payment do I have to be before I am considered delinquent?
A: 30 days.
Q: How do I change an entry on my credit report?
A: 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.
