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Laws & Courts:
Pennsylvania Law - state statutes, "Domestic Relations" Title 23 (See parts 3, 4, 5, 7 and 8). Circuit Court links - links to sites for a number of Pennsylvania circuit courts (Provided by the Pennsylvania Bar Association). Other legal links also available. Supreme Court - information and rulings from PA Supreme Court
Pennsylvania Child Support
Child
Support Profile - profile the state's child support laws. Easy to use
table layout includes information on UIFSA, reciprocity, age of majority (emancipation),
statute of limitations, income withholding, paternity, support order establishment,
support enforcement, modification and review/adjustment. From the the Federal
Office of Child Support Enforcement's "Interstate Roster and Referral Guide." Critique of the Pennsylvania
CS System - by Roger F. Gay and Jay H. Todd, Project for the Improvement
of Child Support Litigation Technology. Pennsylvania Child Support Program - resources for employers, recipients and individuals paying child support.
Additional Resources:
Pennsylvania Bar Association - searchable court opinions, bar news and legal info for the public are available the PBA. The "Jen and Dave" Line - nation's first centralized, automated system for providing criminal charge information to individuals involved in custody matters. Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status.
Legal overview Divorce in Pennsylvania requires that you have been resident for at least six months. There are two specific "grounds" required to get a divorce in Pennsylvania, fault or no-fault. Read our detailed legal summary of Pennsylvania including grounds, separation agreements, custody, child support, maintenance, annulments, property, and the role the Pennsylvania courts play in a divorce.
Grounds
Grounds for divorce in Pennsylvania can either be no-fault or fault. Before you can file for divorce in Pennsylvania, you or your spouse must have resided in the state for at least six months. Then you must prove that there are grounds, or lawfully, acceptable reasons for a divorce.
If a divorce is by mutual consent and both parties sign Affidavits of Consent to it, the court will grant a divorce three months after the service of the complaint on the other party. If only one spouse wants a divorce and the parties have been separated for at least two years, a divorce may be granted if the court determines that the marriage is irretrievably broken. Both of these are no-fault grounds for divorce.
Before someone can obtain a fault divorce, two things must be proven. First, that he or she is "innocent and injured," or not at fault, and second, that misconduct by the other spouse has caused a breakdown of the marriage. Allowable grounds for fault divorce are specified by law, such as violence, bigamy, adultery, desertion, conviction of a crime or insanity.
A divorce action is like any other lawsuit. It beings with a complaint filed in court and served on the person against who it is filed. If you receive a divorce complaint, you will have 20 days to respond. If you do not respond, the divorce may proceed without you being represented or having your rights protected.
Separation Agreement
After a husband and wife separate, especially if they intend to divorce, it is desirable for them to enter into a written agreement to provide for:
Division of real estate and personal property
Support, if any, payable to the dependent spouse and children;
Responsibility for debts and legal fees; health and life insurance arrangements; and
Custody and visitation of children.
Also included are may other items which set forth the mutual rights and duties of the two people. This agreement is a contract, but may be enforced as though it is an order of the court. Certain provisions in the agreement concerning child custody, visitation, and child support can later be modified by the court if circumstances change. The agreement is written by the attorneys representing you and your spouse following negotiations.
Property
Most married couples own their real property as "tenants by the entireties." This form of joint ownership means that neither spouse can sell property during the marriage without consent of the other. Upon divorce, however, unless the parties have a written agreement providing for the division of the property, the court has the power to divide the property based on equitable principles. This means that the court will take may factors into account when arriving at a fair, but not necessarily equal, division.
The court takes into consideration both spouses' economic and non-economic contributions to property acquired during the marriage. If neither you and your spouse nor the court divide the property, then the nature of your ownership automatically changes after divorce and you both become "tenants in common."
The Divorce Code provides that all property acquired by either spouse during the marriage, with certain exceptions like gifts and inherited property, is martial property, regardless of in whose name the property is held. It should be noted that the increase in value during the marriage of gifts, inherited property, and premarital property which remain in one party's name, will also be considered marital. Marital property, if not divided in the separation agreement, may be divided equitably by the court.
Household items, such as drapes, carpets, furniture and appliances are generally not titled in either spouse's name. Unless you can show a different intent, the law treats all such property as being jointly, owned and used for the benefit of both spouses, regardless of who actually paid for it. As part of the divorce, the court may consider these things as marital property and distribute them accordingly.
No matter whose name is on the account, you are both owners of the funds. If one spouse draws all of the money out of an account, her or she may have to account to the other for the money, no matter who originally put the funds into the account or if the account is titled in only one name. As part of the divorce, the court may consider the bank accounts as marital property and equitably divide the funds, regardless of whose names were on the accounts.
Role of the Court
When the court issues a Decree of Divorce, the order may include other matters if they were raised in the proceeding by either spouse. These include disposition of marital property and other property interests; child custody and visitation; child support; alimony; and enforcement of agreements voluntarily entered into by the parties.
The court may require up to three counseling sessions with a qualified counselor within a three to four month period in the following cases:
Indignities are used as ground for the divorce and counseling is requested by either person;
Either no-fault ground is used and counseling is requested by either person; and
In certain cases where there are children of the marriage under 16 years old
The court has the power to award preliminary counsel fees to the dependant spouse. In addition, in the final order, after the property rights of the parties are determined, the court could direct the parties to pay their own costs and fees, or it may divide the costs and expenses equitably between the parties. Payment and recovery of costs and attorneys' fees are matters to be discussed with your lawyer during the initial meeting.
Annulment
An annulment may be sought for marriages that are by law invalid or which may be declared invalid by a court. Marriage is a contract, and if either individual was unable to enter the contract because of intoxication, being under age, or fraudulent inducements, the court may determine that no contract of marriage ever existed. If you think that an annulment may be appropriate in your situation, discuss the matter with a lawyer.
Maintenance
Each spouse owes support to the other as long as they are legally married. A court may require a spouse to contribute to the support of the other. The amount of support is determined by considering the income of each spouse, their earning capacities, assets and needs. Both parents have a responsibility to support their children. This obligation exists even if the parents are not married and it continues after a divorce. If parents cannot agree on who is entitled to custody of the children, the court will determine the custodial arrangement that is in the best interest and welfare of the children.
Each spouse owes support to the other as long as they are legally married. A court may require a spouse to contribute to the support of the other. The amount of support is determined by considering the income of each spouse, their earning capacities, assets and needs. Statewide support is based upon these factors, with primary emphasis being placed on income.
Under the Divorce Code, a dependent spouse may be able to collect temporary alimony while divorce proceedings are pending. Statewide guidelines establish a presumptive amount of support. A spouse may also be given an award of post-divorce alimony if the court finds that it is necessary. In determining the amount of alimony and the length of time it is to be paid after a divorce, the court considers such factors as age, health, standard of living, relative earnings, the contribution by a party to the increased earning power of the other or as a homemaker and the custody of minor children.
Child Support
According to the law, both parents have a responsibility to support their children, which continues even after a divorce. In determining the amount of child support to be paid by one parent or the other, the court will consider the income of both parents, their earning capacities, assets and needs, as well as the needs of the children. Statewide support guidelines establish a presumptive amount of support based upon these factors, with primary emphasis placed on income. A copy of these guidelines is available at the domestic relations office at your county courthouse.
Once a child reaches the age of 18 or graduates from high school, the parents generally are no longer required to support that child. However, if the child is unable to support himself/herself because of a physical, mental or emotional disability, the duty of support may continue beyond the age of 18. Parents are no longer required to pay support to a child, who is attending college, unless they have mutually agreed to do so in writing. Support may include, above recommended guideline amount, medical coverage for children, payment of un-reimbursed medical expenses, and contributions to day care/babysitting costs for children while the custodial parent is working or going to school.
A person seeking support may file a complaint for support in the domestic relations section of the trial court for a minimal charge. A conference will be held with a hearing officer at which both parents will be required to disclose their income and expenses. An attempt will be made by the hearing officer to have the parties reach an agreement as to the amount of support, if any. If an agreement cannot be reached, the usual procedure is for the hearing officer to submit a recommendation to the court as to the nature and amount of support that should be awarded. The court will enter an order of support based on that recommendation. If either party is not satisfied with the court order, he/she may demand a hearing before the court at which the order could be modified. When both parties exhaust their appeal rights, it will become the final order.
Either spouse or parent may seek an increase or reduction in the amount of support in the final order if he/she can show that a substantial change of circumstances has taken place since the order was entered by the court. An increase or decrease in earnings by the spouse or parent or in the needs of the children are examples of substantial changes in circumstances.
If a person who is ordered to pay support willfully fails to do so, the support can be automatically taken from his/her wages. In addition, a judgment may be entered by the court against that person for the total amount of support that has not been paid in the past, requiring him/her to pay all that is owed. Failure to obey a court support order could also result in a term of imprisonment.
Support orders entered into in one state will be enforced in other states which have adopted a reciprocal support law. The Uniform Interstate Family Support Act has been adopted in Pennsylvania. If the whereabouts of the parent who is paying support are unknown, the federal government can provide assistance to courts to locate the missing parent.
Child Custody
A parent seeking custody or visitation rights may file a complaint in the country where the child has lived for the past six months. In many counties, a conference will be held with an appointed hearing officer to determine whether or not an agreement by the parents can be made. Some counties required an educational seminar be attended by both parents and that children of appropriate ages attend an educational program. If an agreement is not made, home studies and/or psychological evaluations are commonly ordered by the court. Finally, a hearing is held by the court at which all the evidence is presented and a determination is made. In most cases, the court will talk with the children to learn their feelings and preferences before making a decision.
If the parents are not able to agree, the court will determine the custodial agreement which is in the best interest and welfare of the children. The most common arrangement is for one parent to have primary custody while the other parent has temporary partial custody at various times during the year. However, the law no longer gives special preference to mothers over fathers. The result in any given case will depend on the particular facts and circumstances of that case.
An award of sole custody to one parent with no custody or visitation rights to the other is rare. It is not uncommon for a court to allow a non-custodial parent to have input in making major decisions concerning the well-being of the children if the court find that both parents are fit parents and are able to communicate effectively with each other in the interest of their children. An equal sharing of custody of children is also possible in appropriate cases.
As children get older, greater consideration is given by the court to the child's preference as to which parent he/she wishes to reside with. An important factor considered by the court in determining custody is that the children continue to live in a familiar and stable home environment. Courts are reluctant to disturb an existing arrangement if the children are doing well. The courts are also reluctant to split siblings between parents.
Denial of visitation or custody rights is not a lawful excuse for ignoring a support order. A person has the right to go to court to enforce visitation or partial custody rights, but it is a separate proceeding. Refusing to pay support because of denial of visitation or custody rights will only result in legal action being taken to enforce the support order.
An order of court establishing custody or visitation rights may always be modified providing that the change is in the best interest and welfare of the children. If a person willfully does not comply with a court order, that person could be cited for contempt of the court order, which could result in imprisonment. It is also a crime in Pennsylvania for one parent to interfere wit the custodial rights of the other. If those rights have been set forth in a court order. A violation of this order could also result in a term of imprisonment.
