DOMESTIC RELATIONS SECTION, ADAMS COUNTY
POLICIES, PROCEDURES, INSTRUCTIONS
The following policies, procedures and instructions have been
prepared for the client’s benefit and protection. If you have any questions
concerning any of the following, feel free to write or come into the office to
discuss them further.
A. GENERAL INFORMATION
B. ESTABLISHING SUPPORT
C. PATERNITY
D. MODIFICATIONS OF SUPPORT
E. SECURITY
F. PAYMENTS
G. MEDICAL INSURANCE/EXPENSES
A. GENERAL INFORMATION
The office hours are 8:00 AM to 4:30 PM, Monday through Friday.
You may contact the Domestic Relations Section (DRS) by calling (717)337-9804 to obtain general information. You will have a Domestic Relations Caseworker assigned to your case.
There is a website to obtain additional information including access to your specific support case at:
www.childsupport.state.pa.us
Please refrain from calling the Domestic Relations Section to discuss your specific case unless it is an absolute emergency. This is to protect your right of privacy and confidentiality. All inquires and requests about a case should either be in writing or in person whenever possible.
Please PUT YOUR NAME AND PACSES CASE/MEMBER NUMBER OR YOUR SOCIAL SECURITY NUMBER ON ALL CORRESPONDENCE IN ORDER TO ENSURE THAT YOUR CASE CAN BE PROCESSED MORE EFFICIENTLY AND WITHOUT ERROR. Letter size paper should be used for all correspondence with Domestic Relations Section.
PAYMENT INFORMATION WILL NOT BE GIVEN OVER THE PHONE BY DOMESTIC RELATIONS STAFF! You may access the SCDU AVR system by calling 1-877-727-7238 or the Adams County AVR system by calling (717)337-9804 to obtain payment information. Two years of payment information is available on the internet at: www.childsupport.state.pa.us
Domestic Relations IS NOT involved in Visitation/Custody. If you have any questions, you must see a private attorney.
Do not bring your children to future conferences, hearings or any other appointments with this office. Babysitting is not available.
Tape recorders or any other recording devices are strictly forbidden in the DRS.
The term Defendant indicates the person paying support. The term Plaintiff indicates the person receiving support.
The Plaintiff has the right to be represented by an attorney. If the Plaintiff does not have private counsel, he/she will be represented at Court Hearings by the District Attorney’s Office. However, the District Attorney’s Office will not attend conferences.
The Defendant has the right to be represented by an attorney. If you, Defendant, are scheduled for a contempt hearing or an issue of paternity and you cannot afford an attorney, you may contact the Domestic Relations Section to complete an Application for Counsel. The Application for Counsel will be reviewed by the Court to determine if you are eligible for a Court appointed attorney. If the defendant is a minor, the Court will appoint an attorney for the support conferences or hearings.
B. ESTABLISHING SUPPORT
Costs for filing a complaint are $98.00. You are not required to pay these costs at the time of filing; they will be assessed to either the Plaintiff or Defendant at a later date. A plaintiff will pay costs if the plaintiff withdraws the complaint or if the Court finds that the complaint is filed without justification or merit. All Court costs to be paid by a plaintiff are to be made out to the Prothonotary and mailed to Prothonotary, Adams County Courthouse, 111 Baltimore St., Gettysburg, PA 17325.
A custodial parent, guardian, Children & Youth and Juvenile Probation are permitted to file a complaint for support at any time for a child up to 18 years of age.
Adams County Domestic Relations Section is required to address issues of paternity. For procedures used in establishing paternity for a child born out of wedlock, see PATERNITY.
Once a complaint for support is filed with the Court, a Court Order will be mailed to the Plaintiff and Defendant to appear at a support conference before a Conference Officer. Both parties are required to attend the conferences with the exception of interstate/intercounty cases or with other arrangements approved by the Conference Officer. Attorneys are permitted to attend conferences. Parties are to inform their attorney of the time, date and location of the conference. Other parties are not allowed to attend the conference.
At a support conference, the Conference Officer will review financial information submitted by the parties or obtained by subpoena. The Conference Officer may require a new spouse’s income in order to accurately reflect the amount of Federal Tax liability a Plaintiff/Defendant has in order to obtain an accurate net income for guideline calculations. This applies only to a petitioner filing a joint tax return with a current spouse.
The current spouse’s income will not be used to “pay support” for a non-related dependent.
Depending on the type of support case, the Conference Officer will attempt to reach an agreement on the issue of support including but not limited to the amount to be paid, frequency of payment and effective date of support and medical insurance/expenses. If an agreement is reached, a Court Order will be entered based on the terms of the agreement.
Liability to pay for medical expenses associated with the birth of a child maybe addressed by the Conference Officer at time of the conference. If the amount of the birthing expenses is not known at the time of the conference, that issue may be addressed by Administrative Review once the expenses are received.
At no time can the Defendant and Plaintiff reach their own support agreement if the Plaintiff is on cash assistance with DPW or receiving subsidized day care from CCIS.
If no agreement is reached at the conclusion of the conference, the Conference Officer will prepare a summary and recommend an Order of support to the Court. The PA Supreme Court Guidelines will be used to determine the amount of support. If the Order is approved, the Order will be mailed to all parties and their attorneys. Either party may within 10 days of the mailing of the Order of support recommended by the Conference Officer file a written demand with the DRS for a hearing before the Court. If no demand is filed within 10 days, the recommended Order is a final Order of Court.
A copy of the Supreme Court Support Guidelines is available upon request. Plaintiffs and Defendants are to refrain from requesting assistance from DRS in applying guidelines unless they are in a support conference or hearing.
C. PATERNITY
When filing for support for a child born out of wedlock, the custodial parent should provide any documents that prove the absent parent is the father of the child for whom support is sought. This includes a Court Order in which the absent parent acknowledges paternity, a Court Order whereby the Court finds the absent parent to be the father of the child, or an acknowledgment of paternity signed by the absent parent at the hospital when the child was born.
If the custodial parent is unable to provide any of the above documents, the custodial parent should provide the Domestic Relations with any additional information to assist in the establishment of paternity. This may include:
Letters/cards from the absent parent (including envelopes)
Income Tax Reports of the absent parent with the child declared as an exemption
Medical bills paid by the absent parent
Birth certificate with the absent parent’s name
Court Order(s) for custody/visitation or Protection from Abuse with both the absent parent and child’s name on the Order.
A Court Ordered support conference will be held to address the issue of paternity and support. At time of conference, the Conference Officer will ask the absent parent if he is agreeable to acknowledge paternity. If so, the Conference Officer will have the father sign an Acknowledgment of Paternity. The Acknowledgment will be presented to the Court for approval. The Conference Officer will continue with the conference to address the issue of financial support for the child. See procedures to establish child support under ESTABLISHING SUPPORT. If the absent parent fails to appear despite adequate notice, the Conference Officer will submit an Order to the Court declaring the absent parent as the father of child.
If the absent parent denies paternity, documents will be prepared giving both parties the right to have a trial before the Judge to determine paternity. Furthermore, a Court Order will be entered whereby the mother, alleged father and child are directed to appear for paternity tests. Paternity testing costs are approximately $255.00 in Adams County. There will be additional costs if the case involves more than one child.
The parties may sign a stipulation when denying paternity whereby if the paternity tests reveal a probability of paternity of 99% or higher; the Court will immediately enter an Order declaring the absent parent as the father of the child. The Court will not hold a paternity trial.
If the paternity tests reveal a probability of paternity (alleged father/defendant was not excluded) and the parties did not sign the stipulation as noted in the preceding paragraph, DRS will inform each party of the results of the tests. DRS will attempt to have the defendant acknowledge paternity. If the alleged father continues to refuse paternity of the child, a non-jury paternity trial will be scheduled with the Court. If the Court, after holding a trial, finds the absent parent as the father of the child, Domestic Relations will schedule another support conference to address financial/medical support for the child.
If paternity tests are performed and the absent parent is found not to be the father of the child or the Court, after a paternity trial, finds the absent parent not to be the father of the child, the case will be dismissed. Court costs and paternity testing costs may be imposed against the Plaintiff/custodial parent.
If paternity is established at time of conference, Domestic Relations will continue with the conference. The Conference Officer will review financial information and make a recommendation to the Court of the amount of support to be paid and also hold the defendant responsible to pay for the paternity tests and possibly birthing expenses for the child. If the amount of the birthing expenses is not known at the time of the conference, that issue may be addressed by Administrative Review once the expenses are received.
If you have a material and substantial change in circumstance, you have the right to promptly file a petition with the Court for modification of your Order. Costs are $24.75 for filing a Petition for Modification or to reinstate a prior support case. You are not required to pay these costs at the time of filing; they will be assessed to either the Plaintiff or Defendant at a later date. Filing a Petition is normally handled by appointment. Walk-ins are limited based on time constraints and staff availability.
The Court may enter a modified Order of support based on the evidence submitted without regard to which person filed the petition. The Court can only modify arrearages from date the Petition for Modification was filed with few exceptions. Modifications may be applied to an earlier period only if you were precluded from filing such a petition. Such conditions include a significant physical or mental disability, misrepresentation by another party or other compelling reason. You will need to file a petition promptly after you are no longer precluded from doing so.
If parties agree on how to change the Order and notify the Domestic Relations Section of the agreed upon change and effective date, the Order may be changed without a conference by signing the necessary Petition for Modification and consent.
Domestic Relations will attempt to contact the parties when a dependent is approximately 18 years of age. Based on information received from the parties, Domestic Relations may administratively enter a Court Order terminating support for a dependent on the 18th birthday or the date of graduation which ever occurs last. The Order will direct the defendant to continue to make payments in the event there is any balances in support or costs due on the case.
IT IS BOTH PARTIES’ RESPONSIBILITY TO NOTIFY THE DOMESTIC RELATIONS SECTION AND ALL OTHER PARTIES, WITHIN SEVEN (7) DAYS OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. THIS INCLUDES BEING UNEMPLOYED, LAID OFF, ON STRIKE, OFF WORK DUE TO ILLNESS OR DISABILITY, AND ANY OTHER CHANGES IN EMPLOYMENT OR EMPLOYER.
It is the Defendant’s and Plaintiff’s responsibility to notify the Domestic Relations Section within seven days in writing when a child graduates or quits high school, or when a child is no longer living with the plaintiff.
All parties are notified that they are under a continuing obligation to cooperate with all reasonable requests by the Domestic Relations Section. Failure to cooperate could result in being charged with Contempt of Court.
E. SECURITY
If a parent makes a threat (verbal or written), is abusive or commits gross negligence to the other parent or child, immediately contact Adams County Children & Youth Services (717-337-0110), local police department, and Domestic Relations about the incident. Your support case will be marked confidential in Domestic Relations.
In the event that a Protection From Abuse (PFA) Order is entered by the Court, you should immediately report to Domestic Relations with a copy of the Order. Domestic Relations will mark your case confidential. This will strictly limit information being disclosed to the other parent.
Domestic Relations will take steps to insure the safety of the plaintiff and defendant at a support conference or hearing by one of the following steps:
1. A parent may request either in person or in writing to Domestic Relations that their address/employer information be marked confidential.
2. The Sheriff, Deputy or Security personnel will be present at time of conference or hearing. Escort to and from the Courthouse will be at these agencies discretion. Advanced notice of at least 1 week prior to the meeting is requested.
As a last resort and at the discretion of the conference officer, a conference maybe held telephonically or by meeting with each parent at separate times. Advanced notice of at least 1 week prior to the meeting is requested.
Every effort will be made by Domestic Relations not to release address, medical or other pertinent information to a parent unless authorized by the other parent. Documents (complaints, Court Orders, Legal Notices) filed in the Adams County Prothonotary Office are subject to review by the public.
1. Making payments
All checks or money orders are to be made payable to “PA SCDU” and mailed to:
PA SCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Your name and your social security number must be on the payment. Do not mail cash to PA SCDU. DO NOT MAIL ANY CORRESPONDENCE TO PA SCDU OTHER THAN YOUR PAYMENT AND PAYMENT COUPON.
Other options available for making payment include use of a credit card, regular automatic withdrawal (RAW) or pay by phone. Contact SCDU Customer Service at 1-877-727-7238 for further information on these payment options.
After an Order of support is entered, all money and gifts given to the Plaintiff or child(ren) directly are considered a gift and CANNOT be credited toward your support account.
If you are ordered to pay support and your support is not withheld from your paycheck despite a wage attachment with your employer, YOU are responsible for sending your payment by check or money order to PA SCDU.
If your wages are not attached, you will begin receiving payment coupons in the mail each month directing you to remit payments with your coupon to PA SCDU. If for any reason you do not receive your coupons for any month, you must still make your payment. PA SCDU will accept your payment as long as your name and social security number are on the payment. You should also contact SCDU Customer Service Unit at 1-877-727-7238 about obtaining your coupons.
Failure to include your name and social security number on your payment will result in your payment being returned to you by PA SCDU or being held by PA SCDU until they are able to determine to whose case the payment should be applied. If your payment is returned or held by PA SCDU, your support account will not show the payment applied to your case until it is properly identified and processed.
You should send one payment for all of your support cases. PA SCDU will divide the payment among your cases as required by Federal Law. You may not specify to which case or balance you want a payment applied; all payments will be divided according to Federal Law.
Questions concerning the amount of your PA SCDU check are to be directed to Domestic Relations. Calls concerning missing payments made to PA SCDU or payments mailed from PA SCDU to the plaintiff are to be directed to SCDU Customer Service Unit at 1-877-727-7238. Payment information is available twenty-four (24) hours a day on the internet site: www.childsupport.state.pa.us
Make your payments on a regular day each week if you are required to pay on a weekly basis. Payments on a bi-weekly/bi-monthly or monthly basis should be paid at least 3 days before the account is charged. The charge date is the effective date of the support obligation. For example, if the Order is monthly and is entered on the 17th day of the month, the account will charge on the 17th day of each month thereafter.
DO NOT PERMIT YOUR ACCOUNT TO BE IN ARREARS. Failure to make payments regularly as ordered may result in your being subject to enforcement procedures, including Contempt of Court. Costs for Petitions for Contempt are $24.75. Sheriff’s costs maybe added to the costs if service is made by the Sheriff’s Department.
If found in contempt at a Court hearing, you maybe sentenced to jail for up to 6 months with a purge condition. Inquiries regarding payment to purge a Contempt of Court charge or to be released from sentencing are to be directed to your Caseworker.
The Domestic Relations Section has the ability to take additional action to collect applicable arrears more quickly by intercepting Federal and State income tax refunds and lottery winnings of the Defendant. The Domestic Relations Section also has the right to seize bank accounts and/or any other financial assets for payment of eligible arrears. Furthermore, professional, driver, and recreational licenses may be suspended and an application for a passport may be denied if the Defendant has applicable arrears. All applicable balances are reported to the credit bureau and are automatically judgments/liens by operation of law.
The Defendant’s wages, unemployment compensation, worker’s compensation or other sources of income will be attached unless a written agreement is signed by both the Defendant and Plaintiff setting up an alternate plan. If back support accumulates by more than 30 days, the written agreement will no longer be valid and an income attachment will be issued. Once the Defendant’s income is attached, the attachment CANNOT be removed for any reason and WILL follow the Defendant from one source of income to the next. If for any reason your support payment is not deducted from your income it is your responsibility to make your payment to “PA SCDU” immediately. This includes the period of time after the Court Order of support is entered and your employer starts deducting payments from your wages.
Each support order will mention a payment on arrears. When a Defendant falls behind in support, a weekly or monthly repayment plan will be established by Domestic Relations Section. This will consist of a minimum per week or month payment toward the arrears. In the event current support is suspended or terminated, there will be a Court Order directing payments towards any outstanding balances due on the case.
2. Receiving payments
Upon receipt of payment at PA SCDU, checks are then issued to the plaintiff or any other agencies or States that are entitled to the payment.
You can have your support check automatically deposited into your bank account by electronic funds transfer (EFT). If you are interested in this plan, contact SCDU Customer Service Unit at 1-877-727-7238, the internet site: www.childsupport.state.pa.us or your Domestic Relations Caseworker for further instructions.
If the Plaintiff receives public assistance, ALL support payments made by the Defendant to PA SCDU will be paid to the Department of Public Welfare. Questions concerning the $50 PASS Thru Program should be directed to the local Department of Public Welfare office.
Payments made by a defendant on multiple support cases will be distributed based on a Federal regulation.
Questions concerning the amount of your PA SCDU check are to be directed to Domestic Relations. Calls concerning missing payments mailed to PA SCDU or PA SCDU payments mailed to plaintiffs are to be directed to SCDU Customer Service Unit at 1-877-727-7238. Payment information is available twenty-four (24) hours a day on the internet site: www.childsupport.state.pa.us
It is expected that the custodial parent will be responsible for payment to the health care provider.
Medical expenses include surgical, dental, optical and orthodontia. Medical expenses do not include cosmetic, chiropractic, psychiatric or psychological unless directed by Court Order. The parties would be required to petition the court to consider these expenses.
The amount of support being paid by the Defendant automatically includes $250.00 per person per year in medical related expenses. That amount is built into the guideline calculations used to determine the amount of support to be paid.
If medical expenses exceed $250.00 per person per year, payment will be handled in one of several ways, as directed in your Order for support.
1. At the time of the conference an average of the normal unreimbursed medical expenses will be determined. If that amount exceeds the $250.00 per person which is included in the guidelines, that amount will be allocated between the parties in proportion to their net incomes and the Defendant’s share will be added to his/her basic support obligation. If in any year the amount of unreimbursed medical expenses should substantially differ from the average determined at the conference, either party has the right to file a Petition for Modification of the support order.
2. The amount of $250.00 may be lower in the first year the Order of support was entered. Check the most recent Order of support to verify the amount.
3. If the support obligation does not include additional support to pay on recurring and predictable unreimbursed medical expenses and the expenses exceed $250.00 per year, each parent will be required to pay a percentage, as noted in the Order of support, of the amount exceeding the $250.00. Payments are to be made directly to the other parent and not through Domestic Relations using the following procedure.
a. At the time of treatment for your dependent, immediately file any claims with the appropriate health insurance company. You should make a copy of the bill before submitting the bill to the insurance company. Once you have accumulated $250.00 in unreimbursed medical expenses for an individual within a calendar year, the following items should be sent immediately to the other parent. A. Copy of the medical bill(s). B. Copy of the response from the insurance company of payment toward the bill or denial of payment. C. A cover letter requesting payment within 30 days from the other parent for the difference owed as per Court Order. D. Proof that you have already paid the first $250.00 in expenses. Send the documents/letter by certified mail to the other parent.
b. Upon receipt of the above information by the other parent, said parent is responsible to pay directly to you the difference owed on the bill less any payments made by any insurance companies. The payment is conditioned based on the given percentage rate set forth in the Order of support.
c. If, after 30 days, no payment is made by the other parent, notify your caseworker at Domestic Relations Section either in person or in writing for further procedures to enforce unreimbursed medical expenses.
d. If you do not have the address for the other parent, you may need to submit your documents, as noted in the above instructions, to the attorney that represented the other parent for assistance. Otherwise, please submit in writing a request to this office for the other parent’s address. In certain cases, the Court may not allow this office to disclose the address of the other party.
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