On January 27, 2006, new child support guidelines in Pennsylvania will
go into effect.
 How will this be implemented? 
 Do I need to schedule a court date to adjust my current support payments or   
 will the guidelines just be apportioned to all cases including preexisting court  
 ordered payments?

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Clarification of Question by kathy2202-ga on 27 Oct 2005 06:44 PDT

These guidelines will drastically reduce the amount of support many
now pay including myself.
I called the courthouse, domestic relations department and was told we
could not file for a court date just because the guidelines change.
Even though it would drastically reduce the amount of support
currently being paid by about 23% per month for me. I am a even 50 -
50 split parent.
Is this true?

Dear kathy2202-ga;

Thank you for allowing me to answer your interesting question. On your
behalf, I contacted The Pennsylvania Department of Public Welfare and
Tom Sheaffer, Director of the Division of Program Development and
Evaluation, Bureau of Child Support Enforcement for the State of
Pennsylvania, and poised your quest directly to them. Mr. Sheaffer
advised me that current court-ordered support obligations will not be
immediately affected or be automatically adjusted when the new
Guidelines become effective.

He went on to say that after January 27, 2006 when the new schedule
goes into effect a person paying child support in the state of
Pennsylvania may indeed file for a modification based on the new
changed.  He directed my attention to the Pennsylvania Rules of Civil
Procedure, Rule 1910.19(a) that states that new or revised Support
Guidelines are indeed a ?material change in circumstances? and qualify
as a valid basis to petition for modification of a support order.

?(a)  A petition for modification or termination of an existing
support order shall specifically aver the material and substantial
change in circumstances upon which the petition is based. A new
guideline amount resulting from new or revised support guidelines may
constitute a material and substantial change in circumstances. The
existence of additional income, income sources or assets identified
through automated methods or otherwise may also constitute a material
and substantial change in circumstances.?
RULE 1910.19. SUPPORT. MODIFICATION. TERMINATION. GUIDELINES AS
SUBSTANTIAL CHANGE IN CIRCUMSTANCES.
http://www.pacode.com/secure/data/231/chapter1910/s1910.19.html

It appears then that the source you contacted at ?the courthouse? that
instructed you otherwise was mistaken. If you need personal
confirmation of this information you can do as I did and direct your
webmail to the Department of Public Welfare. You will receive a
relatively prompt reply:

http://www.dpw.state.pa.us/General/ContactDPW/003670173.aspx?Subject=Legal%20Services&ContactCode=OLC

Or contact...

Thomas Sheaffer (Program)
(717) 783-7792
thsheaffer@state.pa.us

Customer Service: 1-800-932-0211

ADMINISTRATION FOR CHILDREN AND FAMILIES
http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/sdu_matrix.htm

I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



OTHER INFORMATION SOURCES

PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE
http://www.dpw.state.pa.us/Child/ChildSupport/003670310.htm


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Pennsylvania

Rules

Child support

Modification

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Guidelines, like laws, usually are not retroactive.  Any increase in
child support would have to come after you file for an increase and a
judge hears the case.