How Pennsylvania Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in Pennsylvania, each payment is a judgment with a lien on real property, wages can be attached at one month of arrears, and licenses can be suspended at three months when income cannot be attached.
What happens if you don’t pay child support in Pennsylvania?
Each obligation is a judgment by operation of law, overdue support on record is a lien on real property in the county, and the lien carries to after-acquired property (23 Pa.C.S. 4352(d), (d.1)). Willful failure to pay when you can is a summary offense, and contempt can bring up to six months in jail, a fine of up to $1,000 and probation up to a year (4354; 4345).
How much can Pennsylvania take from my paycheck?
Income attachment is mandatory for an obligor in arrears of one month or more. Notice gives you ten days to contest, limited to mistakes of fact, and the attachment cannot exceed the federal limit (4348(a), (e), (g)): 50% or 60%, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
When can a license be suspended?
When the domestic relations section or the department has been unable to attach your income and you owe support equal to at least three months of the monthly obligation, the court, section or department issues an order to licensing authorities to deny or suspend your license, with special procedures for the driver’s license (4355). The notice states the arrears and that grounds to contest are limited to mistakes of fact; the order issues 30 days after notice unless you pay, get a court-approved payment schedule or are excused.
Can a recreational license be suspended too?
Yes. On the same three-month standard, the court may direct the Game Commission to deny or suspend a recreational license (4355).
What other collection tools exist?
State income tax refund intercept (4307), lottery winnings over $2,500 (4308), a lien on the net proceeds, above $5,000, of injury settlements and workers’ compensation awards (4308.1), credit reporting after a 20-day contest period (4303) and county publication of obligors in arrears 30 days or more (4309).
Can they take lump sums or my accounts?
Yes. The section may intercept lump sums from government payments, judgments and settlements, attach accounts and retirement funds, impose liens and levy on property, and financial institutions must surrender assets on a lien or seizure order (4305(b)(10); 4304.1(b.1)).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The Pennsylvania arrears calculator warns when the unpaid principal passes that figure.
Who is protected by the lien sale rules?
A good-faith purchaser for value of personal property subject to a lien takes the title the seller could pass, and a buyer or lender that records within 30 days before or 60 days after a lien certificate is protected up to the certified amount (4352(d), (d.1)(3)). Ask the section for a certification before a sale.
What should you do if you owe?
Respond to every notice within its window, ask the court for a payment schedule, add up the balance in the Pennsylvania child support arrears calculator and, if your circumstances changed, file a petition to modify right away.
Frequently asked questions
What happens if you don’t pay child support in Pennsylvania?
A judgment and lien, income attachment, license suspension, tax and lottery intercepts, and contempt can follow.
How much of my paycheck can Pennsylvania take for child support?
Federal law limits it to 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue.
How long do I have to respond to a Pennsylvania license notice?
The order issues 30 days after the notice unless you pay, get a court-approved payment plan or are excused.
Can Pennsylvania take my injury settlement for child support?
Overdue support is a lien on net proceeds above $5,000 of certain injury and workers' compensation awards.
When can the passport of a Pennsylvania parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
Official sources
- 23 Pa.C.S. Chapter 43: judgments, penalty, licenses, publication
- Pa.R.C.P. 1910.17: priority of payments
- Pa.R.C.P. chapter 1910: overdue and past due support
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Pennsylvania statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Pennsylvania attorney.