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Can my father be punished for not providing court-ordered support?

Can my father be punished for not providing court-ordered support?

Full question:

I’m a 14 year old girl lives with my mother in Pennsylvania. My father, who is a wealthy businessman, is not providing any financial support to me even though there is a court order for my support. Does he commit any offense by his failure to support me? What would be his punishment for this?

Category: Minors
Subcategory: Child Support
Date: 04/07/2025
State: Pennsylvania

Answer:

In Pennsylvania, if your father fails to comply with a court-ordered support payment, he may have committed a summary offense. This applies if he willfully does not pay and has the financial means to do so.

The potential punishment for this offense includes a maximum of ninety days in jail or a fine of up to three hundred dollars (23 Pa.C.S. § 4354). This law covers all support cases, regardless of the marital status of the parties involved.

If he has moved out of Pennsylvania to avoid paying, the offense could be graded as a misdemeanor of the third degree, which carries harsher penalties. This applies if it’s a repeated offense or if he owes support for twelve months or more.

For summary offenses, the maximum jail term is ninety days, and the maximum fine is three hundred dollars (18 Pa.C.S. § 1105; 18 Pa.C.S. § 1101).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a 14 year old refuse visitation in PA?

In Pennsylvania, a 14-year-old child can express their wishes regarding visitation, but they cannot outright refuse it. The court will consider the child's preference, but the final decision rests with the judge. If the visitation is court-ordered, both parents must comply unless there are valid reasons for modification. It's important to discuss any concerns with a legal professional or a guardian ad litem to ensure the child's best interests are represented in court.

What is the filial responsibility law in PA?

The filial responsibility law in Pennsylvania allows for the possibility of holding adult children financially responsible for their parents' care if the parents cannot afford it. This law is primarily aimed at ensuring that elderly parents receive necessary support. However, enforcement can vary, and it typically applies in situations where parents are unable to pay for their own medical care or living expenses. Legal advice is recommended for specific cases.

Are children responsible for parents' debt in PA?

In Pennsylvania, children are generally not responsible for their parents' debts. Debts incurred by parents remain their responsibility unless a child co-signed for a loan or debt. However, under the filial responsibility law, adult children may have obligations to support their parents if they cannot pay for necessary care. It's advisable to consult with a legal expert for specific situations.

Am I financially responsible for my elderly parent?

In Pennsylvania, you may be financially responsible for your elderly parent under the filial responsibility law if they cannot afford their care. This law can require adult children to provide support for their parents' basic needs, such as medical care. However, this responsibility is not automatic and can depend on various factors, including the parent's financial situation. Consulting with a legal professional can clarify your obligations.

Does PA enforce filial responsibility laws?

Yes, Pennsylvania does enforce filial responsibility laws, which can require adult children to support their parents if they are unable to pay for necessary care. Enforcement typically occurs in cases where parents are seeking assistance for medical bills or long-term care. However, the application of these laws can vary, and legal counsel is recommended to navigate these responsibilities.

What rights do fathers have in Pennsylvania?

In Pennsylvania, fathers have several rights, including the right to seek custody and visitation of their children. They also have the right to participate in decisions regarding their children's welfare and upbringing. If paternity is established, fathers can pursue child support and have a say in educational and medical decisions. Legal advice can help clarify specific rights and responsibilities.