Child Support Arrears and Back Payments

 

Child support obligations are designed to ensure that children receive consistent financial support from both parents. However, life circumstances can change, and missed payments can quickly add up. In Pennsylvania, unpaid child support becomes what is known as arrears or back payments, and these amounts do not simply disappear over time. They can lead to serious legal and financial consequences if left unresolved.

Whether you are a parent who owes support or one who is trying to collect overdue payments, understanding how arrears work is critical. Courts in Pennsylvania treat child support enforcement seriously, and there are structured processes that govern how these debts are calculated, enforced, and potentially modified.

Key Takeaways

●      Child support arrears are unpaid obligations that continue to accumulate until resolved

●      Courts in Pennsylvania do not forgive arrears without specific legal action

●      Interest and penalties may apply depending on the situation

●      Wage garnishment, license suspension, and other enforcement tools may be used

●      Modifying future payments does not erase past-due amounts

●      Payment plans or negotiated resolutions may be possible in some cases

●      Acting early can help reduce long-term financial and legal consequences

●      Legal guidance can help clarify your options and obligations

What Are Child Support Arrears

Child support arrears refer to unpaid child support that has accumulated over time. These amounts arise when a parent does not make full or timely payments as ordered by the court.

How Arrears Build Over Time

Arrears can develop for several reasons:

●      Job loss or reduced income

●      Misunderstanding of payment obligations

●      Failure to seek modification when circumstances change

●      Intentional nonpayment

Crucially, an arrearage is treated as a final, vested judgment debt that the obligor parent must satisfy. This means the debt is not considered a traditional loan and typically cannot be negotiated down without the receiving parent's consent and a formal court order. Even small missed payments can compound quickly. Once an amount is overdue, it is added to the total balance owed and continues to exist until paid.

Difference Between Current Support and Arrears

It is important to distinguish between:

●      Current support, which refers to ongoing monthly obligations

●      Arrears, which represent past-due amounts

Courts treat these differently. While current support may be modified based on new circumstances, arrears generally remain fixed unless addressed through legal processes.

If you are unsure about your obligations, working with a child support lawyer can help clarify your situation.

How Courts Enforce Child Support Arrears

Courts in Pennsylvania have several enforcement mechanisms to ensure that child support is paid. These powers are robust and are designed to compel compliance from the obligor parent.

Wage Garnishment and Income Withholding

One of the most common enforcement tools is automatic wage withholding. Employers may be required to deduct support payments directly from a paycheck.

Tax Refund Interception

Federal and state tax refunds may be intercepted and applied toward unpaid child support balances.

License Suspension

Failure to pay child support can lead to suspension of:

●      Driver’s licenses

●      Professional licenses

●      Recreational licenses

This can create additional challenges for maintaining employment.

Contempt of Court Proceedings

If arrears remain unpaid, the court may initiate contempt proceedings. This can result in:

●      Fines

●      Additional payment orders

●      In some cases, incarceration

Working with a child custody lawyer or support attorney can help you respond appropriately to enforcement actions.

Can Child Support Arrears Be Reduced or Forgiven

This is one of the most common questions, and the answer depends on the circumstances. Legal standards and court policies in Pennsylvania play a significant role in determining how these balances are handled.

Court Limitations on Forgiveness

In most cases, courts cannot simply erase arrears because the funds are considered to belong to the child. However, there may be limited scenarios where adjustments are possible.

Negotiated Agreements

In some situations, the receiving parent may agree to:

●      Accept a reduced lump sum

●      Establish a structured repayment plan

These agreements must typically be approved by the court.

Modification Does Not Apply Retroactively

A key point that many people misunderstand is that modifying child support going forward does not eliminate past-due amounts. If your income changes, it is important to seek modification immediately.

Example Scenario: A parent, 'Jane,' loses her job in January but does not file a modification petition until June. The court grants the modification based on her lower income, but the past-due amount accumulated from January to June remains a fixed debt. The modification only changes her monthly obligation going forward, not the arrears she accrued while waiting to file.

If you are dealing with both custody and support issues, consulting a divorce lawyer can provide a broader strategy.

What Happens If You Owe Back Child Support

If you owe arrears, it is important to understand the potential consequences and your available options. Proactive communication with the court and the other parent can sometimes help mitigate enforcement actions and lead to a more manageable resolution.

Financial Consequences

Unpaid child support can lead to:

●      Accrued interest in some cases

●      Damage to credit

●      Loss of tax refunds

Legal Consequences

Beyond financial penalties, you may face:

●      Court hearings

●      Enforcement orders

●      Restrictions on travel or licensing

Steps You Can Take

Taking proactive steps can make a meaningful difference:

●      Review your support order carefully

●      Keep records of payments and communication

●      Request a modification if your income has changed

●      Explore repayment plans

A consultation with a child support lawyer can help you assess realistic options.

What If You Are Owed Child Support Arrears

For parents who are owed support, arrears can create financial strain and uncertainty. Persistent nonpayment may require legal intervention to secure the resources your child needs for their daily care and future security.

Enforcement Options Available

You may be able to pursue:

●      Wage garnishment

●      Court enforcement actions

●      Asset seizure in certain cases

Tracking Payments and Balances

Maintaining accurate records is important. This includes:

●      Payment histories

●      Court orders

●      Communication with the other parent

When to Seek Legal Help

If payments are consistently missed or enforcement is not effective, legal intervention may be necessary. A family attorney can help ensure that your child’s financial needs are addressed.

How Arrears Affect Custody and Custodial Time

Child support and custody are separate legal issues, but they can intersect in practical ways. While missing support payments doesn't waive visitation rights, judges may consider a parent's court compliance during broader disputes.

No Direct Impact on Custodial Rights

Failure to pay child support does not automatically change custody arrangements or custodial time. Courts prioritize the child’s best interests when making custody decisions.

Indirect Impacts

However, ongoing financial instability or legal disputes may influence broader family law matters, particularly if they affect the child’s well-being.

If you are managing both custody and financial disputes, working with experienced counsel can provide coordinated guidance.

Options for Resolving Child Support Arrears

Addressing arrears requires a structured approach. Ignoring the issue often leads to more serious consequences. Taking proactive steps to address outstanding debts, rather than waiting for enforcement actions to commence, can significantly influence the available resolution paths.

Payment Plans

Courts may allow structured repayment plans that:

●      Spread payments over time

●      Combine current support with arrears payments

Lump Sum Settlements

In some cases, a lump sum payment may resolve a portion of the debt, particularly if both parties agree.

Court Petitions

You may need to file a petition to:

●      Adjust payment schedules

●      Address enforcement actions

●      Clarify outstanding balances

Working with Chester County lawyers can help ensure that filings are handled correctly.

Frequently Asked Questions

Can bankruptcy eliminate my child support arrears?

No. Child support, classified as a Domestic Support Obligation (DSO) under federal law, cannot be discharged in either Chapter 7 or Chapter 13 bankruptcy. This debt remains fully enforceable, although Chapter 13 may help structure a repayment plan for the arrears over time to avoid severe enforcement actions.

Does a private agreement between parents override a formal court support order?

No. Informal agreements between parents do not replace a legally binding court order. Until the court officially changes the order, the existing amount remains due. Relying only on a verbal agreement makes enforcement difficult, as tools such as wage garnishment require a formal court order to be available.

Can the court charge interest on child support arrears in Pennsylvania?

Yes. In Pennsylvania, interest and penalties may apply to unpaid child support balances, depending upon the specific situation. Accruing interest is one of the potential financial consequences of owing back support, as courts treat these obligations seriously.

Is it necessary to hire an attorney to file for modification of my support payments?

While it is not strictly required, legal guidance is highly recommended. Modification cases often turn on how income is defined, how expenses are categorized, and how custodial time is counted. An experienced child support lawyer can help ensure that financial information is presented accurately and that any request for modification is supported by proper evidence.

Your Next Move: Legal Pathways

Child support arrears and back payments can quickly become overwhelming, but there are structured legal pathways to address them. Whether you are trying to resolve unpaid obligations or enforce a support order, understanding your rights and responsibilities is the first step.

Courts in Pennsylvania take these matters seriously, and early action can help you avoid escalating consequences. Families across Kennett Square, Oxford, West Chester, Exton, Downingtown, Coatesville, and throughout Chester County, PA, as well as Southeastern Pennsylvania, often face these challenges and benefit from informed legal guidance.

If you are dealing with child support arrears or back payments, consider reaching out to Perna & Abracht, LLC for a complimentary consultation to discuss your options and next steps.

To know more visit at https://pa4law.com/blog/child-support-arrears-back-payments/

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Child Support for Children with Special Needs in Pennsylvania

 

Determining child support is often complicated, and the process becomes more complex when a child has special needs requiring additional care, medical treatment, or long-term support. Parents frequently face questions about handling expenses, whether support continues past the age of majority (eighteen), and how financial arrangements might affect eligibility for government benefits. Because child support issues are often connected to custody arrangements, parents may benefit from speaking with a child custody lawyer who understands how parenting schedules and financial responsibilities interact under Pennsylvania law.

For families in Chester County, Pennsylvania, understanding how courts address these unique circumstances is essential. Children with developmental, physical, or medical conditions often require care that extends beyond the traditional age of majority, leading courts to consider ongoing support obligations. Furthermore, parents must carefully plan financial support to avoid jeopardizing the child’s eligibility for public assistance programs such as Supplemental Security Income or Medicaid.

Key Takeaways

●      Extended Support: Obligations may continue beyond age eighteen if the child cannot become financially self-supporting due to a physical or developmental condition.

●      Additional Expenses: Courts may include costs for ongoing medical treatment, specialized education, and essential caregiving assistance in support calculations.

●      Documentation Required: Thorough medical, educational, and financial records are vital for accurately determining the necessary level of support.

●      Protecting Eligibility: Special needs trusts are a key financial planning tool to protect the child’s eligibility for public assistance programs like Medicaid and SSI.

●      Planning Coordination: Parents should carefully coordinate family law arrangements with estate planning strategies to ensure long-term financial stability.

Overview of Child Support for Special Needs Children

Pennsylvania child support guidelines ensure that children receive financial support that reflects both parents’ income and the child’s needs. While obligations typically end when a child turns eighteen or graduates from high school, children with significant disabilities may require continued care into adulthood. When a child cannot become financially independent due to a physical or developmental condition, support may continue beyond the age of majority.

Parents of children with special needs often incur higher financial responsibilities. Pennsylvania courts attempt to ensure that these costs are considered when determining support obligations. The goal is a financial arrangement that reflects the child’s actual needs while remaining consistent with state guidelines. Families in Chester County should understand what information is required during support proceedings to address these unique factors.

Additional Expenses Courts May Consider

When a child has special needs, the cost of care often exceeds ordinary living expenses. This is because these children frequently require ongoing specialized services, such as long-term medical treatment, various therapies, or individualized educational programs. Pennsylvania courts acknowledge this reality and will, therefore, consider a variety of additional financial factors, ensuring the support arrangement reflects the child’s unique and specific care requirements, all of which must be backed by thorough documentation.

Additional financial factors considered by Pennsylvania courts include:

●      Medical Treatment: Ongoing therapy services (physical, occupational, behavioral, speech) necessary for the child’s development and long-term well-being.

●      Educational Needs: Costs associated with specialized educational programs, private support services, or individualized learning accommodations.

●      Caregiving Assistance: Expenses for professional caregivers, medical equipment, home health services, or home modifications required due to significant medical or developmental needs.

Courts evaluate these expenses to determine a support arrangement that reflects the child’s specific care requirements. Parents must present documentation explaining the nature of the child’s condition and the associated costs. For families in Chester County, records from physicians, therapists, educators, and other professionals help demonstrate the necessary level of support.

Continuing Child Support Beyond Age Eighteen

For children with significant disabilities, Pennsylvania courts may require continued support past the traditional age of termination if the child cannot become self-supporting due to a physical or developmental condition. The court will evaluate the child’s abilities, medical condition, and long-term care needs, including their capability for employment, independent living, or financial independence.

In these situations, guidance from a child support lawyer can help parents present clear medical and financial evidence to the court regarding the child’s long-term care requirements. When continued support is ordered, the arrangement may address ongoing expenses such as medical care, therapy, housing support, and other essential services. Courts evaluate each case individually based on the child’s specific needs and the financial resources of both parents in Chester County.

The Role of Documentation in Support Determinations

Accurate documentation is vital in child support cases involving special needs children, as courts rely on financial and medical records to understand the child’s condition and the associated costs of care.

Essential records include:

●      Medical Documentation: Reports from physicians, therapists, and specialists explaining the diagnosis, treatment plan, and long-term needs to demonstrate the necessity of certain services or equipment.

●      Educational Documentation: Individualized Education Plans (IEPs), evaluations from school professionals, and records of specialized programs providing insight into academic and developmental requirements.

●      Financial Records: Receipts, invoices, and insurance statements detailing the cost of treatment, therapy, medication, equipment, and caregiving assistance, offering a clear picture of the financial obligations.

Keeping organized records makes it easier to present accurate information during a child support conference or court hearing in Chester County.

Questions on Special Needs Child Support

Does Support Continue Past Age Eighteen for a Special Needs Child?

Support does not automatically cease. The court may order continued support beyond age eighteen if the child cannot become financially self-supporting due to a physical or developmental condition, based on an evaluation of the child’s specific needs.

What Additional Expenses are Considered?

Courts consider expenses beyond ordinary living costs, such as ongoing medical treatment (therapy), specialized educational programs, and essential caregiving assistance or home modifications. Accurate documentation of these costs is vital.

How Do Special Needs Trusts Affect Public Assistance?

A special needs trust holds assets for the child while protecting their eligibility for government assistance programs like Medicaid or SSI. A properly structured trust prevents those assets from counting against the strict financial limits for eligibility.

What Documentation is Essential for Support?

Accurate and comprehensive documentation is vital. This includes medical reports (diagnosis, treatment), educational documentation (IEPs), and financial records (receipts/invoices for treatment, therapy, and caregiving assistance).

Should Family Law and Estate Planning Be Coordinated?

Yes, parents should coordinate family law arrangements with estate planning considerations. This ensures financial support is properly structured (e.g., through a special needs trust) to protect the child’s long-term financial stability and government benefit eligibility.

Special Needs Trusts and Financial Planning

Families raising a child with special needs should consider long-term financial planning strategies, such as establishing a special needs trust. This tool is designed to hold assets that can be used to support a child with disabilities while protecting eligibility for certain government assistance programs. These trusts allow funds to be distributed for services, equipment, or other needs that improve the child’s quality of life.

There are different types of special needs trusts. A first-party trust holds assets belonging to the beneficiary, while a third-party trust contains assets belonging to other individuals wishing to provide support. A trustee manages and distributes these funds for approved expenses. Because some government benefit programs have specific financial eligibility rules, improper financial arrangements could affect a child’s assistance eligibility. Parents navigating child support matters involving a special needs child may wish to coordinate family law planning with estate planning considerations to protect the child’s long-term financial stability.

The Importance of Careful Planning and Documentation

Child support cases involving children with special needs require careful planning and thorough documentation. Pennsylvania courts recognize that some children need continued care, medical services, and financial support well beyond the traditional age of majority. Parents in Chester County navigating these issues should understand how courts evaluate additional expenses, long-term care needs, and financial arrangements that may affect government benefits.

Families frequently face complex questions when planning financial support for a child with special needs. Experienced family lawyers can help parents understand how Pennsylvania child support rules apply when a child has ongoing medical or developmental needs.

If you are navigating child support issues for a special needs child in Southeastern Pennsylvania or Northern Delaware, contact Perna & Abracht, LLC to schedule a complimentary consultation.

To know more visit at https://pa4law.com/blog/child-support-for-children-with-special-needs/

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Imputed Income in Child Support Cases

 

If you are involved in a child support case in Chester County, PA, your income will be one of the most important factors the court considers. In many situations, the calculation is based on what each parent actually earns. However, Pennsylvania courts are not limited to your current paycheck. When a judge believes that a parent is capable of earning more than they report, the court can assign what is called imputed income. This concept often surprises parents, especially those who are between jobs, working part time, or self-employed. Imputed income can significantly change a child support obligation and, in some cases, create a payment amount that feels disconnected from current reality. Understanding what imputed income is, when it is used, and how courts decide on an amount can help you prepare for the process and avoid costly mistakes.

What imputed income means in Pennsylvania child support cases

Imputed income is income that a court assigns to a parent based on what that parent could earn rather than what that parent is currently earning. The goal is not to punish anyone. The purpose is to prevent a parent from avoiding child support by choosing not to work or by working less or at a lower income than they reasonably could. Pennsylvania child support guidelines focus on fairness to the child, and that includes ensuring that both parents contribute according to their true earning capacity.

For example, if a parent previously earned a steady salary but recently quit a job without a clear and reasonable explanation, the court may decide that the parent still has the ability to earn at that prior level. In that situation, the judge can calculate support using the higher, imputed income instead of the lower current income. The same can happen when a parent works part time despite having the skills and opportunity to work full time.

It is important to understand that imputed income is not automatic. Courts look at the facts of each case. The question is whether the parent is voluntarily underemployed or unemployed, and whether that choice is reasonable under the circumstances.

Why courts use imputed income

The child support system is built around the idea that children should receive financial support that reflects both parents’ abilities to provide. If courts relied only on reported income, the system could be manipulated. A parent could reduce work hours, decline available work, or move to a lower-paying job simply to reduce child support. Imputed income is a tool that helps prevent that outcome.

At the same time, Pennsylvania courts recognize that not every reduction in income is a choice. Layoffs, medical issues, caregiving responsibilities, and economic downturns can all affect employment. The key issue is whether the parent has made a good faith effort to earn according to their capacity. When a parent can show that a job loss or income reduction was beyond their control and that they are actively trying to find suitable work, the court may decide that income imputation is not appropriate.

The balance the court seeks is simple in theory but complex in practice. The court must protect the child’s right to support while also being realistic and fair to the parent who is paying or receiving support.

How courts decide whether to impute income

Pennsylvania courts do not guess when assigning imputed income. Judges look at a range of factors to determine what a parent is capable of earning. These factors often include work history and experience, education, training, job skills, and prior earnings. The court may also consider the local job market in and around Chester County, PA, including whether jobs that match the parent’s background are reasonably available.

For instance, a parent with a long history of full-time employment in a skilled profession will usually be treated differently from a parent who has limited work experience or faces documented barriers to employment. The court may also consider whether a parent left a job for a valid reason, such as a documented health issue or the need to care for a young child.

Evidence matters in these cases. Pay stubs, tax returns, resumes, medical records, and job search records can all play a role. In some situations, vocational experts are used to evaluate earning capacity and job availability. Their opinions can carry significant weight in court.

Common situations where imputed income becomes an issue

Imputed income most often arises in a few recurring scenarios. One of the most common is when a parent is unemployed or working part time without a clear, documented reason. Another is when a parent is self-employed and reports very low income despite evidence of a higher standard of living or business activity.

Career changes can also trigger disputes. If a parent leaves a higher-paying job to pursue a new career, go back to school, or start a business, the court will look closely at whether that decision is reasonable in light of child support obligations. Although personal growth and career shifts are not forbidden, they do not automatically justify a lower level of support.

In some cases, imputed income is raised when a parent relies heavily on cash work, underreports income, or structures finances in a way that makes true earnings difficult to see. Courts are allowed to look beyond surface numbers to reach a fair conclusion.

How imputed income affects the child support calculation

Once the court decides to impute income, that imputed amount is used in the same way as actual income under the Pennsylvania child support guidelines. The court combines both parents’ incomes, refers to the support schedule, and calculates each parent’s share of the obligation. This means that even if a parent currently earns very little, the support order can be based on a higher, imputed figure.

The practical impact can be significant. A support obligation based on imputed income can be much higher than one based on current wages. That can create financial pressure, especially if the parent truly is struggling to find work. On the other hand, for the parent receiving support, imputation can prevent an unfair reduction that would otherwise shift more financial burden onto one household. In cases where caregiving responsibilities affect employment decisions, input from a child custody lawyer can help clarify how parenting roles intersect with earning expectations.

Because the numbers can change so much based on imputation, these cases often involve detailed financial arguments and careful review of evidence.

Challenging or defending against imputed income

If you are facing the possibility of imputed income, the most important step is to be prepared with clear, credible evidence. If your income is lower due to circumstances beyond your control, you should be ready to show why. This might include medical documentation, records of job applications, proof of layoffs, or evidence of economic conditions affecting your industry.

On the other side, if you believe the other parent is capable of earning more and is choosing not to, you may need to present evidence of work history, education, available jobs, or lifestyle indicators that suggest underemployment. Courts do not assume bad faith, but they do respond to solid proof.

These cases are rarely decided on one document alone. Judges look at the full picture, and small details can matter. That is why careful preparation and a clear legal strategy are so important.

The role of local practice in Chester County

Although Pennsylvania child support guidelines apply statewide, local practice in Chester County, PA can influence how cases are handled day to day. Judges and hearing officers become familiar with common employment patterns, local industries, and regional economic conditions in West Chester, and nearby areas. This local context can shape how arguments about job availability and earning capacity are received. Local family lawyers understand how Chester County judges and hearing officers evaluate job availability, earning capacity, and reasonableness in these disputes.

For example, claims about the lack of suitable work may be evaluated differently depending on the parent’s background and the local job market. Understanding how these issues are typically addressed in Chester County can help set realistic expectations and guide case strategy.

Imputed income and modifications of child support

Imputed income is not limited to initial support orders. It can also become an issue in modification cases. If a parent asks the court to reduce support because of a drop in income, the court will examine whether that change is genuine and unavoidable or whether it reflects a voluntary choice to earn less. If the court concludes that the reduction is voluntary and unreasonable, it may continue to use the prior or imputed income level instead of the new, lower number.

This is why timing and documentation matter. A parent who waits too long to seek modification or who cannot clearly explain an income change may face an uphill battle. At the same time, a parent who experiences a real and lasting change in circumstances should act promptly and gather evidence to support a request for adjustment.

Why legal guidance matters in imputed income cases

Imputed income cases are often more complex than they first appear. They involve not only numbers, but also judgments about reasonableness, opportunity, and good faith. Small differences in how evidence is presented can lead to very different outcomes.

An experienced child support attorney can help you understand what the court is likely to focus on, how to gather the right documentation, and how to present your situation clearly. Whether you are trying to avoid unfair imputation or seeking to show that imputation is appropriate, having a structured approach can protect your financial stability and help ensure that the final order is grounded in reality.

Key takeaways

Imputed income means that the court assigns income based on earning capacity, not just current wages.

Courts use imputed income when a parent is voluntarily underemployed or unemployed.

Work history and experience, education, skills, and local job opportunities all matter.

Imputed income can increase or decrease a child support obligation.

Careful evidence and legal guidance can make a meaningful difference in the outcome.

A practical perspective for parents

Child support is intended to serve the best interests of the child, not to reward or punish either parent. Imputed income is one of the tools courts use to keep the system fair and functional. When used correctly, it prevents manipulation and promotes shared responsibility. When misunderstood or poorly handled, it can lead to stress, conflict, and unsustainable obligations.

If you are dealing with a child support case that involves questions about earning capacity, underemployment, or job changes, it is important to address those issues directly and early. Clear information and careful planning can make the difference between a manageable outcome and a long-term financial strain.

Contact Perna & Abracht, LLC to schedule a complimentary consultation.

To know more https://pa4law.com/blog/imputed-income-child-support-pennsylvania/

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Why You Need a Child Custody Attorney if You Have a PFA Against You

In Pennsylvania, a protection from abuse order (PFA) helps keep victims of domestic violence safe from their abusers. Being served with a PFA can affect your reputation and livelihood, and prevent you from seeing your children. If you are the subject of a PFA, it is critical to seek the counsel of the best child custody lawyer in your area.  They can evaluate your case and assist you with any legal processes that may be necessary to preserve or regain custody rights.

How Does a PFA Work?

A PFA prohibits an alleged abuser from contacting or seeing the plaintiff.  When filing for a protection from abuse order, a plaintiff can ask for specific restrictions on contacting or visiting his or her children. This means that if the court restricts contact with your children, attempting to see them or contacting them would be a violation of the PFA.

PFAs and Existing Custody Orders

In some circumstances, a PFA can supersede an existing custody order. For example, if a judge finds that a defendant is likely to abuse the children or remove them from the jurisdiction before a final PFA hearing, custody may be revoked. However, if your children are not named in the restraining order and the judge finds that they are not at risk of being abused by you, your custody rights will not be taken away. If there is no custody order in place, a judge can set forth custody arrangements in a PFA, including prohibiting custody or requiring supervised visitation.

What Happens if I Violate a PFA to See My Children?

Although it’s painful to be unable to see your kids, violating a PFA will not work in your favor. Violation of a PFA may result in criminal contempt of court charges, which can carry penalties of up to six months in jail and a $1,000 fine. A violation could also have an impact on custody and visitation arrangements in the future, and be used against you in other pending court cases. A domestic violence lawyer can help you understand your legal options and advise you on a course of action that may be effective for retaining or regaining your custody rights.

Challenging a PFA

Although you can challenge a protection from abuse order, you will not be able to defend yourself until the final PFA hearing. A temporary PFA lasts for 10 days, so if the order bars you from seeing your kids, it is best to follow that order until your hearing. Having a family law attorney by your side greatly increases your chances of a favorable outcome in your final PFA hearing.  If a final PFA bars you from custody, your lawyer can help you fight it.

PFAs and Child Support

It is important to keep in mind that even if there is a protective order against you, you are still required to provide financial support to your children if it has been ordered by the court. Each circumstance is unique. A Pennsylvania child support lawyer can evaluate your case and provide advice about which types of support you are obligated to pay.

Protection from abuse orders can have a serious impact on child custody rights. Seeking the counsel of our custody lawyers in Chester County, PA can give you the best chance of preserving your rights so you can be there for your children.

This blog was originally posted on https://pa4law.com/why-you-need-a-child-custody-attorney-if-you-have-a-pfa-against-you/

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What to Know Before You File for Divorce

A divorce is a complex legal proceeding, sometimes taking years to complete. There are actions you can take that are likely to assist a divorce lawyer in achieving your best possible outcome:

Minimize Emotion

This likely is a difficult time for you emotionally, yet your best decisions and plans are not made when you are feeling emotional. Rationally analyze your decision to pursue the divorce. Is this what you truly want? Have you tried every possible avenue to achieve a reconciliation? Ask yourself these questions at a time when you are feeling calm and in control of your emotions.

Your Rapport with Your Divorce Attorney

Because divorce is complex and may take longer than you expected to complete, you should select an attorney with whom you feel a strong rapport. There is no substitute for the years of experience with divorce and custody cases that your law firm can bring to the table.

Documentation

As your divorce progresses, you will realize the importance of financial and other documents. However, you should be gathering all the documents before you file for divorce. It’s advisable to make copies of bank and investment account statements, phone records, credit card statements, mortgages, and car loans and bring them when you meet with your divorce attorney. After you have filed for divorce, it might be difficult to gather all the documents that will impact your marital settlement.

Child Custody

For many families, child custody is the most emotional issue in a divorce. It’s likely you will share custody of minor children. To assist you in achieving a custody arrangement that is agreeable to you, review your work schedule and your children’s schedule, and other commitments you have, and define a custody schedule that will work for you. This provides your child custody lawyer with a concrete goal to work toward.

Buying or Selling

Once you have filed for divorce, the judge will prohibit you and your spouse from buying, selling or disposing of marital property. Let’s say you need a new car or have been planning to sell a rental property. It’s best to do this now before your file for divorce.

Your Living Situation

It’s important to define your desired living situation during and after the divorce. Then discuss this with your child support lawyer who will advise you about how to behave in order to achieve your goals. For instance, moving out of your home, even on a temporary basis, prior to your divorce may have an impact on when or if you will be able to return to your residence.

Joint Accounts

Talk to your attorney about joint bank accounts and credit cards. He or she will advise you about the best way to handle these accounts. The concern is that a joint account can be drained or burdened with inflated spending once your spouse becomes aware of your intent to divorce.

No Time for Romance

Prior to and during a divorce, it is not a good idea to start a new romantic relationship. Keep your focus on your home life and making sure your children are secure and well-cared-for. A romance is a distraction that could also compromise your position in the eyes of the court.

If you have are contemplating divorce, you need experienced lawyers who have handled these cases before such as the team at Perna & Abracht. If you have a specific question about your situation, and want an answer without any obligation, you can ask the attorneys at Perna & Abracht here.

This blog was originally posted on  https://www.pa4law.com/what-to-know-before-you-file-for-divorce/

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