Income Statements and the Support Conference in Pennsylvania

Starting a support case

A child support action starts with a complaint filed in the domestic relations section of the court of common pleas, and the section may not charge a filing fee to start or modify it (Pa.R.Civ.P. 1910.4(b) and (c)). The comment to Rule 1910.4 also points to the Department of Human Services child support e-services site for filing or requesting a modification online.

A child support action may be brought in the county where the defendant lives or regularly works, or in the county where the child lives, among other options in Rule 1910.2(a). The defendant does not have to file an answer, and filing one does not delay the conference (Rule 1910.7(a)). Parties must get at least 20 days’ notice of any proceeding in which support might be established or modified (Rule 1910.6).

What to bring to the conference

Rule 1910.11(c) requires each party to provide the conference officer:

• the most recently filed individual federal income tax returns, with all schedules, W-2s, and 1099s;
• partnership or business tax returns with all schedules, including K-1s, if you are self-employed or a principal in a business;
• pay stubs for the preceding six months;
• verification of child care expenses;
• support or alimony orders or agreements for other children or former spouses;
• proof of available medical coverage; and
• an Income Statement and, if required, an Expense Statement, on the forms in Rule 1910.27(c).

If a doctor or other advanced practice provider has determined that a medical condition affects your ability to earn income, the conference officer can consider it if the provider completes the Advanced Practice Provider’s Statement Form and you bring it to the conference (Rule 1910.29(c)).

The Income Statement and Expense Statements

• Income Statement. Required in every support case, including high-income cases (Rule 1910.11(c)(1)(i)). If you are self-employed or own part of the business that pays you, you also complete the Supplemental Income Statement (Rule 1910.27(c)(1)).
• Guidelines Expense Statement. Needed only if you claim unusual needs and unusual fixed expenses that may warrant a deviation, or you seek allocation of additional expenses such as child care or medical costs (Rule 1910.11(c)(1)(ii)).
• High-income Expense Statement. In cases under Rule 1910.16-3.1, where combined monthly net income exceeds $30,000, the parties exchange a longer Expense Statement, with receipts or other verification, no later than five business days before the conference (Rule 1910.27(c)(2)(B)).

Each statement is verified: you sign that it is true and correct, subject to the penalties of 18 Pa.C.S. § 4904. The explanatory comment to Rule 1910.27 says a notary public is not needed.

At the conference

The conference officer calculates and recommends a guideline support amount (Rule 1910.11(d)(1)). If the parties agree, the officer prepares a written order for both to sign, and the court may enter it without a hearing (Rule 1910.11(d)(2)). If one or both parties are unrepresented, both must give income information so a guidelines calculation can be done (Rule 1910.11(d)(3)).

If you do not agree

Each county certifies which of two procedures it uses (Rule 1910.10):

1. Conference, then a hearing before a judge (Rule 1910.11). The court enters an interim order under the guidelines. Any party may file a written demand for a hearing with the domestic relations section within 20 days after receiving the order or the date it was mailed, whichever occurs first. The demand does not stop the interim order unless the court says so. Without a demand, the interim order becomes final. With one, the court hears the case de novo and enters a final order within 60 days of the demand.
2. Conference, then a record hearing before a hearing officer (Rule 1910.12). The hearing officer, who is an attorney, takes evidence and files a report within 20 days after the record closes, and the court enters an interim order consistent with it. Any party may file exceptions within 20 days after receiving or the mailing of the report, whichever occurs first; each exception must state a separate objection precisely, and matters not raised are generally waived. Without exceptions the interim order becomes final.

No motion for post-trial relief may be filed to a final support order (Rules 1910.11(k) and 1910.12(h)).

Documents at a record hearing

At a record hearing, the Pennsylvania Rules of Evidence apply, with an exception for documents. The court must admit statements in a verified petition, affidavit, or document that would not be excluded as hearsay if the person testified, when you give the other party written notice and a copy at least 20 days before the hearing, the other party does not object, and you offer it under oath. An objection must be served within 10 days of the notice (Rule 1910.29(b)).

There is no discovery in a support action unless the court authorizes it by special order. If the court grants a motion for a separate listing, for example because the case raises complex questions or the hearing will be protracted, discovery becomes available under the general discovery rules (Rules 1910.9(a), 1910.11(j), and 1910.12(c)).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• Pa.R.Civ.P. 1910.2, venue
• Pa.R.Civ.P. 1910.4, domestic relations section and no filing fee
• Pa.R.Civ.P. 1910.6, notification
• Pa.R.Civ.P. 1910.7, no pleading by defendant required
• Pa.R.Civ.P. 1910.9, discovery
• Pa.R.Civ.P. 1910.10, alternative hearing procedures
• Pa.R.Civ.P. 1910.11, office conference and hearing demand
• Pa.R.Civ.P. 1910.12, hearing officer and exceptions
• Pa.R.Civ.P. 1910.27, complaint, order, Income and Expense Statements
• Pa.R.Civ.P. 1910.29, evidence in support matters
• Pennsylvania Child Support Program e-services