Pennsylvania law allows for modification of a child support order under certain conditions. Because any modification, increase or decrease, substantially impacts both parents and the children involved, family courts take these requests seriously. When you need an increase in child support, you want experienced family attorney Anthony Piccirilli by your side. As a skilled Pittsburgh child support lawyer at Pittsburgh Divorce & Family Law, LLC, he understands the Pennsylvania child support guidelines and how to build a persuasive petition for the increase you need.
For a consultation about your need for increased child support, call Pittsburgh Divorce & Family Law, LLC, today at (412) 471-5100 or use the convenient online form.
When Pennsylvania Courts Will Modify a Child Support Order
Pennsylvania does not allow either parent to change a child support order on their own. To increase support, you must petition the court and show that the existing order should be revisited under Pennsylvania law. Two standards govern when a modification is appropriate.
The first is a material and substantial change in circumstances since the original order was entered. Under Pa.R.C.P. 1910.19, the court will not revise an order simply because a parent wants more support; the moving party must point to a meaningful change in income, custody, or the child's needs.
The second is the 10% guideline rule. Under Pa.R.C.P. 1910.19(c), if the existing order differs from the amount the current Pennsylvania support guidelines would produce by 10% or more, that difference itself can support a modification. This protects parents from being locked into outdated numbers when one household's income has shifted significantly.
Common Grounds for Increasing Child Support in Pennsylvania
State law requires both parents to support their child until age 18, or longer in some circumstances such as a child still in high school or with special needs. When parents are not living together, a child support order is entered that sets the amount of monthly support. That figure is called the initial award.
For some families, the initial child support award never changes. To set that amount, the court considers several factors, including:
- Each parent's monthly net income
- Custody specifics (shared parenting time or visitation schedule)
- Parental assets and fixed expenses or obligations
- The ages of the children
- Any special medical, educational, or developmental needs
- Other relevant factors as provided under Pennsylvania law
When you seek an increase, you need to provide the court with evidence that something has changed about one or more of those factors since the order was entered. Attorney Piccirilli can help you articulate and document those changes through the process of modifying a child support order so that your request has the best chance of being granted.
Common grounds for an upward modification in Pennsylvania include:
- Parental income has changed. Either the parent receiving child support is now earning substantially less, or the parent paying support is now earning meaningfully more than when the initial award was entered. This is especially common in high-income child support cases.
- Changes in custodial time. If the parent paying support is spending less time with the child than the original order assumed, the receiving parent is bearing more day-to-day expense and a higher support amount may be warranted.
- Different needs of the child. Circumstances may have arisen that require additional money for medical care, education, childcare, transportation, or extracurricular activities.
- Loss of insurance or benefits. If a parent loses health insurance, employer-provided childcare, or another benefit that previously offset costs, the court may revisit the order.
Re-opening a child support matter is a serious step. It is not unheard of for a parent to petition for an increase and, after both sides present financial evidence, end up with the order decreased instead. That is why it is important to work with an experienced family lawyer before filing.
How to File a Petition to Increase Child Support in Allegheny County
In Allegheny County, child support is handled by the Family Division's Domestic Relations Section, which oversees both the establishment and modification of support orders. The general process for filing a petition to increase support looks like this:
- Confirm jurisdiction. The original support order must be a Pennsylvania order, or properly registered in Pennsylvania, before the court can modify it.
- File a petition for modification. The moving parent files a petition with the Domestic Relations Section describing the change in circumstances and the relief requested.
- Serve the other parent. The other parent must receive notice of the petition and the scheduled conference date.
- Exchange financial information. Both parents are required to provide updated income documentation before the conference.
- Attend the support conference. A conference officer reviews both parties' financial information, runs the Pennsylvania guideline calculation, and either recommends a new amount or refers the case to a hearing if the parents disagree.
- Proceed to a hearing if necessary. When the parents cannot reach agreement, a hearing officer takes testimony and enters a recommended order, which becomes final unless either party files exceptions.
Allegheny County typically schedules the support conference within several weeks of filing, and contested matters that proceed to a hearing usually conclude within a few months of the original petition. The exact timeline can vary based on the court's calendar, the complexity of the financial issues, and whether either parent is self-employed. The child support court process can move faster when both parents come prepared with complete records.
Documentation You'll Need to Support an Increase
A petition to increase child support succeeds or fails on the strength of the documentation behind it. The court wants verified financial information from both parents, not estimates. Before filing, gather:
- Recent pay stubs (typically the last six months) for both parents, where available
- The two most recent federal and Pennsylvania state tax returns, including all W-2s, 1099s, and schedules
- Year-to-date profit and loss statements if either parent is self-employed
- Documentation of bonuses, commissions, overtime, and any other variable income
- Records of new or increased expenses for the child (medical bills, therapy invoices, tuition, daycare receipts, activity fees)
- The existing child support order and any prior modification orders
- A current custody order or written parenting schedule, if custody time has changed
- Health insurance premium statements and explanation of who covers the child
Organizing this material before the support conference shortens the process and gives the conference officer everything needed to recalculate the guideline amount accurately.
Frequently Asked Questions About Increasing Child Support in Pennsylvania
What counts as a material change in circumstances under Pennsylvania law?
A material change is a meaningful, ongoing shift in the facts the court relied on when entering the original order. Typical examples include a substantial raise or job loss, a change in custody time, a child's new medical or educational needs, or the loss of health insurance. Minor or short-term changes generally do not justify a modification.
Does Pennsylvania use a percentage threshold to modify child support?
Yes. Under Pa.R.C.P. 1910.19(c), if the existing order differs from the amount the current Pennsylvania support guidelines would produce by 10% or more, that difference alone can support a modification, even without a separate showing of changed circumstances. This is why a fresh guideline calculation is usually the first step in any modification analysis.
How do I file a petition to increase child support in Allegheny County?
You file a petition for modification with the Family Division's Domestic Relations Section in Allegheny County. The petition explains the change in circumstances and the relief you are requesting. The other parent is served, both sides exchange income documentation, and the case is scheduled for a support conference before a conference officer.
How long does it take to get a child support modification in Pittsburgh?
Most Allegheny County modification cases reach a support conference within several weeks of filing. If the parents agree on the new amount at the conference, the new order can be entered shortly afterward. Contested matters that require a hearing typically conclude within a few months of the original petition, depending on the complexity of the income issues.
Will the increase be retroactive to when I filed?
In Pennsylvania, a modification is generally effective as of the date the petition was filed, not the date the new order is signed. This is why it is important to file promptly once a change in circumstances occurs; waiting to file means losing weeks or months of the higher support amount.
Can I lose support by asking for more?
Yes. When you ask the court to revisit the order, the court looks at the current guideline amount on both sides. If the receiving parent's income has risen or the paying parent's income has fallen since the original order, the new calculation could come in lower. Reviewing the numbers with an attorney before filing helps you understand which direction the case is likely to move.
Speak With a Pittsburgh Child Support Attorney About a Modification
Going through the Allegheny County courts to increase a child support order can feel stressful, but your child deserves the right level of support, and an outdated order can cost your household thousands of dollars over time. By working with attorney Anthony Piccirilli, you can be confident that your petition meets Pennsylvania's legal requirements and is backed by clear, organized evidence of the change in circumstances. Pittsburgh Divorce & Family Law, LLC has handled many similar matters across Allegheny County and the surrounding western Pennsylvania region.
Call (412) 471-5100 today or use our online form to schedule a consultation about your case.