Montgomery County Pa Domestic Relations (2024)

FAQs

Does domestic relations handle custody in PA? ›

State and federal laws govern how child support orders are established and enforced. The DRS also handles spousal support matters. The DRS does not handle child custody matters.

The determination of spousal support is made by taking the difference in the net incomes of the parties, and multiplying that figure by a certain percentage (40% in cases where there is no concurrent child support, and 30% where there is child support in place).

The formula used in the state of Pennsylvania states that the receiving spouse must receive 40 percent of the difference between the spouses' net incomes on a monthly basis. If the couple has children, the formula is altered to 30 percent of the net income difference.

If you wish to begin a new support case or reopen an old case please choose one of the options below to submit a support request. Option 1: To file a new request for support you may do so by using E-Services on the PA Child Support Website, www.humanservices.state.pa.us.

Parents generally have a sole custody arrangement when both parents agree that it is in the child's best interest, one parent travels extensively for work and finds it difficult to have a child live with them, the parents live far away from each other, one parent has problems with substance abuse or is mentally ...

In those cases, a judge may make a custody decision based on the safety of the child. This factor is largely based on the child's ability to make sound decisions as well as his or her maturity level. However, a judge could weigh the child's living preferences into the final decision.

Remarriage, entering a relationship similar to a marriage or death can all disqualify a person from receiving alimony in Pennsylvania. Financial circ*mstances may also be reviewed and can lead to modification of an existing order.

If adultery is proven, the court will consider it when deciding whether to award spousal support or alimony to the cheating spouse.

The duration may be for a set amount of time (e.g. 12 months) or an indefinite period of time. Generally, courts will likely award alimony and for a longer duration when there was a longer marriage. If the marriage is three (3) years or less, alimony would be unlikely unless there was a compelling situation.

What is a wife entitled to in a divorce in PA? The wife is not automatically entitled to anything that is not her direct property or assets in a divorce in PA. Alimony payments may be required based on the wife's situation and any division of property will also be determined based on other factors.

Does domestic relations handle alimony in PA? ›

When so ordered by the court, all payments of child and spousal support, alimony or alimony pendente lite shall be made to the domestic relations section of the court which issued the order or the domestic relations section of the court at the residence of the party entitled to receive the award.

Child support can still be paid by the party with the higher income when there is shared custody, but the higher earning party will receive a 20% reduction based on a 50/50 schedule. A reduction is available if the higher earning party has anywhere from 40% to 50% of the custody of the children.

To be relieved of your obligation to pay child support, you must file a Petition to Terminate Child Support pursuant to Rule 1910.19. It is best to file this Petition well before a Pennsylvania child support order expires or before your child turns 18. This ensures a judge reviews your Petition promptly.

In Pennsylvania, retroactive child support can be claimed under certain circ*mstances. For instance, if a parent has been providing sole financial support for the child without any contribution from the other parent, they may be eligible to file a claim for retroactive child support.

The court will then schedule a hearing to find out why the order has not been upheld and decide the best way to proceed. When the police are summoned to enforce a child custody order, they may or may not become involved. Absent a criminal act, such as kidnapping, police tend to favor not being involved.

A competent person over the age of 18, who is not a party on the case, or a family member; can serve the other party for you. This person could be a friend, sheriff, constable, etc. You can also serve them via mail or serve their attorney.

a) A police officer, juvenile probation officers or county agency may obtain a protective custody order removing a child from the home pursuant to Rule 1210 if the court finds that remaining in the home is contrary to the welfare and the best interests of the child.

To determine the custody arrangement that best serves a child's needs, a judge will consider the following factors: each parent's role in the day-to-day care of the child. the child's need for stability in education, family, and community life. the child's relationship with extended family.