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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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Question: If I requested a modification of an existing child

Customer Question

Question: If I requested a modification of an existing child support
order on May 28 2011, and the final decision was made on July 5 2011. When am I allowed to request another modification hearing without a motion from a judge. Would it be six months from May 28 2011 or would it be six months from the final decision made on July 5 2011? I reside in Pennsylvania. Thanks for your help ...
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

There is no set number of months before a modification may be requested normally, but a showing of material change in circumstances is required.

A petition to modify the child support order may be filed by either party to a support action if a material change in circumstances has taken place typically. One example of a material change is the loss or change of income or employment by either party. The Domestic Relations Section (DRS) of the county court is responsible for determining whether or not a material change in circumstances has occurred. To file a Modification Petition, contact the DRS that manages your case, and request a petition for modification, complete the petition and return it to the DRS. The DRS will advise you of its determination and if and when a hearing will occur.

Here is a link that provides more information:

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Customer: replied 4 years ago.
I have already been denied a hearing , with drs explaination that six months has not gone by yet. Drs states that six months is required between intervals. They dated it from the time of the final decision. I thought there must be some guide line that they are required to follow. My reason for modification is because I have just been awarded my social security benefits. I am sixty years old with six months left of achild support order. My daughter is eligable for ss benefits. However the existing support order must be re- written for her to recieve this.
Expert:  Tina replied 4 years ago.
I see.

What county are you in?
Customer: replied 4 years ago.
I am in allegheny , however the drs case is in Washington county ,PA
Expert:  Tina replied 4 years ago.
I see.

Many courts do have such a rule, but I have not located one for this court. However, since the DRS is telling you that, you will need to wait 6 months since the previous modification typically. The rule is to prevent individuals from returning to court repeatedly and wasting state/local resources. However, I do not see where it should apply in your situation.

If you are a low income individual, I would contact the local legal aid clinic to see whether an attorney there can assist you in pursuing this matter.

All the best to you!

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