Michelle Pokrifka

 Michelle Pokrifka

CONTACT INFORMATION

717.848.4900 ext. 107
717.843.9039
mpokrifka@cgalaw.com

PRACTICE AREAS

Estate Planning and Administration
Family Law
Municipal Law
Real Estate Law

INDUSTRY SEGMENTS

EDUCATION & HONORS

  • J.D., Widener University School of Law - 1992.
  • B.S., Georgian Court College, cum laude - 1988.
  • Leadership York graduate

BAR ADMISSIONS

Pennsylvania

legal articles

 

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Child Support Orders


Michelle Pokrifka


In rapidly changing economic times, parents who have child support orders need to know their rights and obligations. Pennsylvania’s system of child support collection and enforcement is centralized in Harrisburg. You can learn about the system and access your own child support account at www.childsupport.state.pa.us.

Child support orders are modified at the request of either party if there has been a material change in circumstances, this includes a significant change in income and changes in day care or other costs. 

Generally, the modification is retroactive to the date the modification request was filed in writing with the county domestic relations department. But recently, a Pennsylvania appellate court upheld a five‑year retroactive modification of an order, finding that a father had failed to disclose substantial salary increases over that five‑year period of time. The father’s monthly net income increased progressively from just over $5,000 per month to over $14,000 per month over the five‑year period.

The Pennsylvania child support statute requires that all parties to support orders must promptly inform the local domestic relations office of these “material” changes to his or her personal circumstances. These types of material changes not only include salary changes , health insurance benefits changes, day‑care expense changes, as outlined above, as well as changes in employment, such as job changes, unemployment status, and any other issues that affect the support order at issue.

The Pennsylvania child support statute also requires that a party who knows of a change in the other party’s income must promptly move for a modification. But in the case of the father whose salary increased over five years, the court found that the mother did not know of his income changes and had not received any of the father’s tax returns. The court disregarded the mother’s failure to promptly request modification, simply because there was no evidence that the mother knew of the father’s economic success.
           
Where a parent has any concrete reason to believe that the child support order should be changed, delaying moving for modification can be costly. Usually, the courts will not modify any child support orders retroactive to a date prior to the filing of the request for modification. But where a paying parent fails to meet his or her affirmative duty to disclose increased income to the local domestic relations office, grounds may exist for broad retroactive modification of a child support order.