Modifying Child Support After Job Loss, Disability or Incarceration in Pennsylvania

By the FigureMyTax Editorial Team · How we calculate

Pennsylvania child support does not drop on its own after a job loss, but incarceration for a reason other than nonpayment can be a material and substantial change if you lack verifiable income. File promptly: a change starts from the filing date.

Can you lower child support after a job loss in Pennsylvania?

Yes, by petition, if the job loss is a material and substantial change (23 Pa.C.S. 4352(a)). A change starts from the filing date (1910.17(a)), so file as soon as the job ends and report the change to the section within seven days (4353).

What does incarceration do to child support in Pennsylvania?

Incarceration, except incarceration for nonpayment of support, is a material and substantial change in circumstances that may warrant modification or termination of the order where the obligor lacks verifiable income or assets sufficient to enforce and collect amounts due (4352(a.2)). The order does not change on its own: file, because arrears accrue meanwhile.

Does it matter why I am incarcerated?

Yes. If you are incarcerated for nonpayment of support, the statute does not give you the incarceration ground. Other sentences can.

Do I pay while I am in jail for something else?

Support keeps accruing unless the order is modified or terminated (4352(a.2)). Ask for a hearing date, and tell the section your custody dates in writing.

Can the court require work activities?

If an obligor owes overdue support for a child receiving cash or medical assistance, the court shall on the department’s or section’s motion order payment under a court-approved plan or participation in approved work activities, such as employment, work experience, job search, education related to employment or attendance at secondary school (4352(g.2)).

Can I ask the court to suspend support while I am out of work?

The sections we read give no automatic suspension for unemployment. The court modifies on a material and substantial change after a petition, effective from filing (1910.17(a)), so a prompt petition is your remedy.

Will a lower income also change the health coverage order?

Medical support is part of every support order, and the court looks at each parent’s ability to provide it at a reasonable cost, meaning not more than 5% of that parent’s net monthly income (4326). Bring premium costs when you ask to modify.

Is there a work-search rule for modification?

The sections we read do not describe an earning-capacity standard, so we are not stating one; the guidelines address income and earning capacity when the court recalculates (1910.19(c)). Keep a record of your job search.

Will the court reduce support while I look for work?

The sections we read do not set a waiting period or a formula; the court recalculates from net incomes and custodial time when it finds a material and substantial change (1910.19(c)). Bring job-search records to the conference.

What proof helps?

What should you do first?

1. File the petition now.
2. Keep paying what you can: unpaid support is a judgment and can bring a willful-arrears penalty (see what Pennsylvania can add).
3. Check your numbers in the Pennsylvania child support modification calculator.

Frequently asked questions

Official sources

• 23 Pa.C.S. Chapter 43: support (4321, 4327, 4348, 4352, 4355)
• Pa.R.C.P. 1910.19: modification and termination
• Pa.R.C.P. 1910.17: effective date of a support order
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements

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.