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Before attending your first support conference, please take a few minutes to read the following. The information may help you better understand how support conferences are conducted and what your rights and obligations are regarding the outcome of the conference.
Conferences are scheduled at the first available date after the complaint or petition is received. Neither party nor their counsel nor any DRS employee may choose who will hear a case. On the other hand, the Conference Officer is expected to avoid presiding over cases in which they have a known conflict of interest.
Though Officers often have wage statements provided by employers, or pay stubs or tax forms provided by the parties to guide them, Civil Procedural rules require you to present a statement of your income and extraordinary expenses which becomes a part of the official court record. Current guidelines in use throughout the state are designed to statistically include normal living expenses. Additionally, as appropriate, we may ask you for child care costs, and un-reimbursed medical expenses.
The "income shares" support guideline model is used throughout the state. Basically it calculates the amount of support needed by the child or children based statistically on the joint income of the parents. It then prorates each parent's share of the child's or children's support based upon their relative incomes. The non-custodial parent pays over his or her share to the custodial parent as partial support of the child or children. For example, if the guidelines indicate a child's monthly support needs to be $500 and the non-custodial parent earns 60% of the combined incomes of both parents, the non-custodial parent will pay over $300 per month in support to the custodial parent who is expected to cover the remaining $200.
Conference Officers will attempt to establish medical insurance coverage in all child support cases. Un-reimbursed, out of pocket expenses in excess of $250 per person per year, may be allocated proportionally between the parties. Ongoing, predictable expenses can be built into the order as a specific, recurring amount, otherwise the obligation will be stated as a proportional share of any expenses which might occur.
State law requires that we immediately attach income in all cases where an attachment is possible. Delinquency in payment is not an issue. Parties have a right to enter into a consent order to waive the attachment, or the payor may file a motion with the court seeking a good cause waiver. In either case, the waiver is deemed null and void if he payor falls into arrears in an amount equal to one month's support. Department of Public Welfare policy does not permit waivers in welfare cases.
Agreement between the parties is a desirable outcome, and ample opportunity will be given to allow the parties to reach an agreement. Where welfare is not at issue, parties may consent to an order, which may or may not follow the guidelines. In a welfare case, a representative of the District Attorney's Office who is contracted by the Cooperative Agreement to represent welfare plaintiff's has the authority to enter into an agreement for a non-guideline order. Otherwise the Officer is compelled to adhere to the Guidelines. Entering into an agreement is a voluntary action by signing parties. You may not request a de novo hearing after entry of a Consent Order.
If the parties cannot agree on an appropriate order of support, the Conference Officer will recommend an interim support order to the court. Either party has ten (10) days from the date shown on the lower right hand corner of the order to request a hearing de novo before the court. This must be done in writing to this office.
Unless by mutual consent or court order, support orders are generally effective back to the date the complaint or petition was filed.
If paternity of the child or children for whom support is sought is not established, the Conference Officer will advise the alleged father of his rights to genetic testing to scientifically determine parentage, or the opportunity to sign an acknowledgement of paternity. If he requests testing, consideration of support is postponed. He will be asked to sign a stipulation to accept as legally established test results, which indicate a 99% or higher probability of paternity. Test results will either completely exclude paternity or indicate a 99% + probability of paternity. A date will be scheduled for all parties to appear and tissue samples (swab of inside of each person's cheek) are taken for genetic testing. Test samples are sent to the laboratory with results expected in a few weeks. If the results indicate probable paternity, the support conference is rescheduled.
If the alleged father, having been properly served, fails to appear for the initial conference, a bench warrant for failure to appear will be issued.
Unlike child support, the right to support for a spouse may be contested. If contested, the Conference Officer will listen to the arguments and enter an appropriate interim order. Either party has 10 days to request a de novo hearing.
Welfare cases are automatically reviewed every three years for possible modifications of support obligation and inclusion or adjustment of medical coverage. Non-Welfare clients have the same right to review by filing a petition for review or modification Regardless of why the petition was filed, a Conference Officer may adjust the order upward or downward based upon the guidelines or, if appropriate, terminate.
Establishment and enforcement of custody are not within the authority of the Domestic Relations Conference Officer. Custody orders issued by the Family Court can directly affect the terms of support.
As a customer of the Domestic Relations Office of the Court of Common Pleas in Jefferson County you have a right to ask the Conference Officer to explain more fully any of the above terms. Though you may not get the order you wanted, it is important that you understand the process as well as the legal and practical limitations under which Conference Officers work.
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