A custody or support order reflects the circumstances that existed when it was entered. But life doesn't stand still. People lose jobs, get promoted, remarry, move, develop health issues, or watch their children's needs evolve as they grow. When the facts change enough, the court order should change to match.
Pennsylvania law provides clear mechanisms for modifying both custody and support orders. The process and standard differ depending on whether you're seeking to modify custody, child support, or spousal support — but in all cases, the fundamental requirement is the same: you must show that circumstances have materially changed since the existing order was entered.
To modify a custody order in Pennsylvania, the petitioning party must demonstrate a material and substantial change in circumstances that affects the child's best interest. The court applies the same 16 best-interest factors under 23 Pa.C.S. § 5328 that it used in the original custody determination — but it evaluates them in light of the new circumstances.
The threshold question is whether something has genuinely changed. Courts will not modify custody simply because one parent is unhappy with the existing arrangement or believes they could have gotten a better deal. The change must be real, significant, and relevant to the child's welfare.
Examples of changes that may support modification: A parent's relocation, a significant change in a parent's work schedule that affects the custody schedule, substance abuse or mental health concerns, the child's changing needs as they age (particularly as they enter school or adolescence), a parent's failure to follow the existing order, domestic violence, a new household member who poses a risk to the child, or a parent's incarceration.
A modification begins by filing a Petition to Modify Custody with the court that entered the original order. In Bucks County, custody modification petitions go through the same process as initial custody actions: the parties attend a conciliation conference with a custody conciliator, and if they can't reach agreement, the matter proceeds to a hearing before a judge.
At the hearing, the petitioning party bears the burden of proving the material change in circumstances. Both parties present evidence — testimony, documents, and sometimes expert witnesses. The judge then evaluates the best-interest factors and enters a modified order if warranted.
Relocation is one of the most common triggers for custody modification. Under 23 Pa.C.S. § 5337, a parent who wants to move with the child to a location that would significantly impair the other parent's ability to exercise custody must give advance notice and, if the other parent objects, obtain court approval. The burden of proof in a relocation case is on the relocating parent, and the court considers a separate set of relocation-specific factors in addition to the standard best-interest analysis.
A child support order can be modified when there has been a material and substantial change in circumstances. Under Pa.R.C.P. 1910.19, the most common grounds include a significant change in either parent's income (up or down), a change in the custody schedule that affects the amount of time each parent has the child, a change in the child's needs (such as new medical expenses or educational costs), or the emancipation of one child in a multi-child order.
Pennsylvania also allows for automatic review and adjustment of support orders. The Domestic Relations Section will review an order upon request of either party, and may recommend a modification if the recalculated guideline amount differs from the existing order by a meaningful margin.
A modification begins by filing a Petition to Modify Support with the Domestic Relations Section. The parties attend a support conference where a conference officer reviews both parties' financial information and calculates support under the Pennsylvania guidelines. If either party disagrees with the recommendation, they can request a hearing before a judge.
Support modifications are not retroactive. A modified support order generally takes effect as of the date the petition to modify was filed — not the date the change in circumstances occurred. If you lose your job in January but don't file a modification petition until June, you are still responsible for the original support amount from January through June. File promptly when circumstances change.
Spousal support (paid during the marriage while a divorce is pending) and alimony pendente lite (APL) can be modified using the same process as child support — through the Domestic Relations Section. The standard is the same: a material change in circumstances.
Post-divorce alimony, if awarded, can also be modified — but only if the divorce decree or settlement agreement allows for it. Many settlement agreements include provisions that make alimony non-modifiable, or that specify the conditions under which it can be changed. Read the agreement carefully before filing.
Alimony terminates automatically upon the death of either party or the remarriage of the recipient spouse. Cohabitation by the recipient spouse may also be grounds for termination or modification, depending on the circumstances.
There is no statutory limit on how frequently you can file a modification petition. However, filing repeatedly without a genuine change in circumstances will damage your credibility with the court and may result in sanctions. The practical rule: file when something has genuinely changed, not because you want a do-over.
For custody, yes — if both parties agree, they can file a stipulated modification with the court. The court will review it to ensure it serves the child's best interest and, if so, enter it as a modified order. For support, you cannot simply agree to a different amount and stop there — the modification must go through the Domestic Relations Section and be reflected in a court order. A private agreement to pay less than the court-ordered amount does not relieve you of the obligation under the existing order.
File a modification petition as soon as possible. Courts understand that job loss, illness, and other setbacks happen. What courts do not look favorably on is a parent who stops paying without seeking a modification. If you simply stop paying, you accumulate arrears — and arrears are enforceable through contempt proceedings, wage garnishment, license suspension, and other mechanisms. The right move is always to file for a modification, not to self-help.
In Pennsylvania, child support generally continues until the child turns 18 or graduates from high school, whichever occurs later — but not beyond age 18 if the child does not graduate. There is no automatic obligation to pay for college, though courts can consider post-secondary education expenses in certain circumstances. If you believe support should terminate, file the appropriate petition with the Domestic Relations Section.
Generally, the court that entered the original order retains jurisdiction to modify it, as long as one parent or the child still lives in that state. This is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) for custody and the Uniform Interstate Family Support Act (UIFSA) for support. If neither parent nor the child lives in the original state, jurisdiction may shift. These interstate questions can be complicated and are worth discussing with an attorney.
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