What Counts as a Substantial Change in Circumstances for Child Support in Pennsylvania

By the FigureMyTax Editorial Team · How we calculate

In Pennsylvania, you can petition to modify child support at any time on a material and substantial change, or get a no-proof adjustment at the three-year review. A change starts from the filing date.

What is a substantial change in circumstances for child support in Pennsylvania?

The statute says a petition for modification may be filed at any time and shall be granted if the requesting party demonstrates a substantial change in circumstances (23 Pa.C.S. 4352(a)). The rule requires the petition to specifically aver the material and substantial change on which it is based; a new guideline amount from new or revised guidelines, and additional income or assets identified by automated or other methods, may each qualify (Pa.R.C.P. 1910.19(a)).

Is there a percentage rule in Pennsylvania?

Not in the statutes or rules we read. The Pennsylvania child support modification calculator therefore shows the gap and whether the three-year route applies and does not give a pass or fail on a percentage.

For example, an $800 order against a $1,000 guideline amount is 25% lower than the guideline, but whether that is substantial is for the court.

What is the three-year review?

Upon request of either parent, or automatically if there is an assignment under Title IV-A of the Social Security Act, each order is reviewed at least once every three years from its establishment or the most recent review. At the review, taking into account the child’s best interest, the court adjusts the order, without requiring proof of a change in circumstances, by applying the statewide guidelines or a cost-of-living formula (4352(a.1)). Each party gets 30 days’ advance notice of the right to request a review, except for automated adjustments, and 30 days from notice of an automated adjustment to ask for an individual review (4352(b)).

Does the court look at new income found by the section?

Yes. Additional income, income sources or assets identified through automated methods or otherwise may be a material and substantial change (1910.19(a)). Be ready to explain any difference between your tax return and your pay records.

How does the court recalculate?

If it finds a material and substantial change, the order may be increased or decreased based on the parties’ respective monthly net incomes, consistent with the support guidelines, and the party’s custodial time with the child when the petition is heard (1910.19(c)). The court can modify or terminate the order in any appropriate manner based on the evidence, whichever party filed (1910.19(c)).

Can I withdraw my petition?

After a petition to modify child support is filed, it may not be withdrawn unless both parties consent or the court allows it (1910.19(b)). Think before you file: the court can change the order in either direction.

From what date can the order change?

An order is effective from the date the petition was filed unless it says otherwise (Pa.R.C.P. 1910.17(a)). No court may modify or remit support on or after its due date except for a period when a petition is pending (4352(e)). Every month before you file is lost:

Federal law also bars retroactive modification of support already due (42 U.S.C. 666(a)(9)).

What happens next?

Read how to modify child support in Pennsylvania for the filing steps, and check what stays owed with the Pennsylvania arrears 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

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.