PETITION FOR MODIFICATION OF CHILD SUPPORT ORDER

Court of Common Pleas of [COUNTY] County, Pennsylvania – Domestic Relations Section

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

[// GUIDANCE: Remove sections that are not germane to the facts of your case, but maintain numbering continuity or adjust cross-references accordingly.]

I. DOCUMENT HEADER

1. Caption

:IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA
:DOMESTIC RELATIONS SECTION
:
:____
: [Petitioner’s Full Legal Name], : Docket No. [DR-XXXX-YYYY]
: : PACSES No. [XXXXXXXXX]
: Petitioner :
: :
: v. :
: :
: [Respondent’s Full Legal Name], :
: Respondent. :
:____

2. Title. “Petition for Modification of Child Support Order” (the “Petition”).

3. Recitals
   3.1 The existing child support order dated [DATE OF ORIGINAL ORDER] (the “Existing Support Order”) was entered by this Court.
   3.2 Since entry of the Existing Support Order, circumstances have materially and substantially changed as described herein.
   3.3 Petitioner seeks modification pursuant to Pa. R. Civ. P. 1910.19 and 23 Pa. Cons. Stat. § 4352 (2023).

4. Effective Date. This Petition is deemed filed as of the stamped filing date of the Domestic Relations Section (“DRS”) of this Court.

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below (alphabetical order):

“Adjusted Net Income” – Individual’s gross income minus mandatory deductions as determined under Pa. R. Civ. P. 1910.16-2.
“Child(ren)” – The minor child(ren) who are the subject of the Existing Support Order: [NAME(S), DOB(S)].
“Existing Support Order” – Defined in Recital 3.1.
“Guidelines” – Pennsylvania Support Guidelines, Pa. R. Civ. P. 1910.16-1 et seq.
“Material Change” – A change contemplated by Pa. R. Civ. P. 1910.19(b), including but not limited to variation in income of 10 % or more, change in custody percentage, or change in childcare/health insurance costs.
“Wage Attachment” – Statutory income withholding under 23 Pa. Cons. Stat. § 4352(e).

[// GUIDANCE: Add or delete definitions to suit the facts. Cross-refer exactly.]

III. OPERATIVE PROVISIONS

1. Jurisdiction & Venue
   1.1 This Court retains continuing, exclusive jurisdiction over support pursuant to 23 Pa. Cons. Stat. § 4352(a).
   1.2 Venue lies properly in [COUNTY] County where the Existing Support Order was entered.

2. Changed Circumstances
   2.1 Petitioner avers the following Material Changes since the date of the Existing Support Order:
   a. Income increase/decrease of [X %] for Petitioner effective [DATE];
   b. Income increase/decrease of [X %] for Respondent effective [DATE];
   c. Change in physical custody schedule to [DESCRIBE];
   d. Change in childcare/health-insurance costs to $[AMOUNT] per month effective [DATE];
   e. Other: [DESCRIBE].
   2.2 Documentation supporting the above changes is attached as Exhibit “A”.

3. Calculation of Proposed Support
   3.1 Applying the Guidelines to the parties’ current Adjusted Net Incomes ([PETITIONER] $[AMT]; [RESPONDENT] $[AMT]), Petitioner calculates the presumptive support obligation at $[AMT] per [WEEK/MONTH].
   3.2 A Guideline Worksheet (DRS/Rule 1910.16-2 form) is attached as Exhibit “B”.

4. Requested Relief
   4.1 Modify the Existing Support Order to require Respondent to pay $[AMT] per [WEEK/MONTH] commencing [EFFECTIVE DATE] via Wage Attachment.
   4.2 Allocate unreimbursed medical expenses in proportion to parties’ net incomes ([PERCENTAGE]/[PERCENTAGE]).
   4.3 Credit/arrears adjustments as follows: [DESCRIBE OR “None”].
   4.4 Such other relief as this Court deems just and proper.

5. Conditions Precedent
   5.1 Petitioner has satisfied Pa. R. Civ. P. 1910.19(f) notice prerequisites by serving a copy of this Petition and supporting documents upon Respondent.

IV. REPRESENTATIONS & WARRANTIES

1. Petitioner represents that:
   1.1 All factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief, subject to the penalties of 18 Pa. Cons. Stat. § 4904 (unsworn falsification).
   1.2 Petitioner has disclosed all income sources as required by Pa. R. Civ. P. 1910.11(c).
   1.3 No prior petition raising the same issues is currently pending.

2. Survival. The above representations survive until final disposition of this Petition.

V. COVENANTS & RESTRICTIONS

1. Continuous Duty of Disclosure
   Each party shall provide updated income documentation (pay stubs, tax returns, health-insurance cost statements) to the DRS within thirty (30) days of any change until final order is entered.

2. Compliance with Orders
   Parties shall comply with all interim and final orders entered in this matter, including attendance at any conference/hearing scheduled by the DRS.

VI. DEFAULT & REMEDIES

1. Events of Default
   Failure of Respondent to:
   a. Timely remit support payments;
   b. Provide required documentation; or
   c. Appear at scheduled proceedings
   constitutes a default.

2. Remedies
   2.1 Immediate Wage Attachment pursuant to 23 Pa. Cons. Stat. § 4352(e).
   2.2 Entry of judgment for arrears plus statutory interest.
   2.3 Suspension of licenses, contempt proceedings, and any other enforcement provided by law.
   2.4 Award of reasonable counsel fees and costs to the prevailing party.

VII. RISK ALLOCATION

[// GUIDANCE: Traditional indemnification and liability-cap concepts do not apply to support petitions; section included solely to satisfy requested architecture.]

1. Limitation on Support Amount
   Any modified obligation shall not exceed percentages prescribed by the Guidelines or statutory maximums on net income.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This matter is governed exclusively by the Pennsylvania Domestic Relations Code and Pennsylvania Rules of Civil Procedure.

2. Forum Selection
   The Court of Common Pleas of [COUNTY] County, Domestic Relations Section, retains sole jurisdiction.

3. Arbitration & Jury Trial
   Arbitration is not available; jury trial is not permitted in support matters.

4. Injunctive Relief
   The Court may order continuing Wage Attachment and other injunctive relief necessary for enforcement.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   Any amendment to the support order must be in writing and entered by this Court; informal agreements are unenforceable.

2. Severability
   Should any provision of the resulting order be deemed unenforceable, the remainder shall remain in full force.

3. Integration
   The modified order shall supersede all prior inconsistent support provisions.

4. Electronic Signatures
   Pursuant to Pa. R. Civ. P. 205.4, electronic filing and signatures shall be considered originals.

X. EXECUTION BLOCK

Respectfully submitted,

[PETITIONER’S NAME]
Petitioner, pro se / by counsel

Date: __, 20

Address: [ADDRESS]
Phone: [NUMBER]
Email: [EMAIL]

Attorney Information (if any):

[ATTORNEY NAME], Esq.
PA I.D. No. [#####]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

VERIFICATION

I, [PETITIONER’S NAME], verify that the statements made in this Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements are subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities.

[PETITIONER’S SIGNATURE]
Date: __, 20

CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of _, 20, I served a true and correct copy of the foregoing Petition (with all exhibits) upon [RESPONDENT’S NAME] by [METHOD: first-class mail / certified mail / personal service] addressed as follows:

[RESPONDENT’S ADDRESS]

[NAME]

[// GUIDANCE:
1. Attach Exhibits “A” (income documentation) and “B” (Guideline Worksheet).
2. Confirm county-specific DRS cover sheet requirements.
3. File via PACFile or in person per local rule; pay requisite filing fee or seek IFP status.
4. Calendar support conference date once scheduled.]