In this situation, both parents are obligated to pay support. The agency taking custody will file a Complaint with the Domestic Relations Section.
Note: Under the Federal and State law, all Support Orders on TANF (welfare) cases will be reviewed every three years.
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A person, including a minor, to whom a duty for support is owing:
Please note that an action can also be filed for medical support and past due child / spousal support.
A mandatory $40.25 filing fee is assessed on non-TANF (non-welfare) cases which is collected by the county as part of the Court order but is forwarded to the State.
You can file an action for support at the Intake Office of the DRS at our Wilkes-Barre and Hazleton offices. Appointments are suggested in the Hazleton Branch Office only as there is only one Intake Specialist available.
A current address or place of employment for Defendant is necessary. You should also provide social security numbers, telephone numbers, birth certificates, acknowledgement of patenity, divorce decree and dates of birth for yourself, all children and the Defendant. If the Defendant's address is unknown but his/her mother's maiden name and father's name is known, a parent locator can be filed in an attempt to locate him/her.
You should still file your complaint in Luzerne County. Our Intake personnel will advise you of all necessary procedures, but it varies depending on the circumstances.
In most cases, proceedings to modify or terminate a Support Order shall be brought in the Court that entered the Order. You must file a Petition for Modification or Termination through the Domestic Relations Sections. Write to your Support Officer to obtain these forms and to be advised of the appropriate procedure in your case.
A Support Order can be changed if there has been a "material and substantial change in circumstances since the order was made," such as the loss of a job or increased salary."
Note: Do not assume that your order will be changed automatically. In most instances, a support conference must be held to change any court order. The conference on the petition will not be scheduled until at least 180 days have passed since the existing order was issued.
Note: If arrears are still owed at the time a court order ends, payments will continue until the arrears are paid in full.