Key Points About Child Support:
- Both parents are legally obligated to financially support their minor children.
- Child support is the child’s legal right and cannot be waived by the parents in any agreement. Any attempt to bargain it away, such as in a prenuptial or postnuptial agreement, is void.
- In most cases, the non-custodial parent must provide child support as part of the divorce settlement.
- Pennsylvania determines child support using specific guidelines known as the “income shares” approach, which considers the income of both parents.
- Child support is calculated based on standard formulas considering the child’s needs and the parents’ ability to pay.
Calculating Child Support:
Pennsylvania courts follow established guidelines to calculate child support, considering:
- The child’s reasonable needs.
- The payer’s financial ability.
- Net income and other earnings of both parents.
Factors Courts Consider for Child Support:
- Ages of the children.
- Unique needs or obligations of the parents or child.
- Existing support obligations.
- Financial assets of both parents.
- Medical expenses not covered by insurance.
- The standard of living during the marriage.
- Duration of the marriage.
- The child’s best interests.
Education Expenses:
Reasonable education costs, such as private school fees, may be included in child support if necessary for the child’s needs, particularly for special education requirements.
Modifying Child Support:
Changes to child support orders require a significant change in circumstances, such as:
- A parent’s remarriage and additional financial responsibilities.
- An increase in one parent’s income.
- A serious illness affecting financial stability.
- A child moving from one parent’s home to the other.
Important Notes:
- Voluntarily reducing income (e.g., quitting a job) does not justify lowering child support payments.
- Child support and visitation rights are treated separately. Non-payment of child support cannot be used as a reason to deny visitation.
Termination of Child Support:
Child support obligations typically end when the child:
- Turns 18 or graduates high school, whichever is later.
- Becomes emancipated, meaning they are self-supporting and independent.
Exceptions:
- Support may continue for children with disabilities who cannot support themselves.
- Pregnancy or having a child does not automatically result in emancipation.
- The Pennsylvania Supreme Court has ruled that support cannot be sought from a deceased parent’s estate unless specified in a settlement agreement.
Enforcement of Child Support:
Courts can enforce child support payments through:
- Income withholding.
- Intercepting tax refunds.
- Seizing property.
- Issuing civil or criminal contempt orders, which may result in fines or jail time.
Interstate Enforcement:
The Uniform Interstate Family Support Act enables Pennsylvania courts to enforce child support orders from other states through income withholding and registration of out-of-state orders.
Tax Implications of Child Support:
- Child support payments are not tax-deductible for the payer or taxable for the recipient.
- The custodial parent typically claims the child dependency exemption unless waived in writing.
- Parents paying for medical expenses may deduct those costs.
Recent Updates to Child Support Guidelines:
- High-Income Obligors: Guidelines now apply to combined net incomes up to $30,000 per month, with formulas for calculating presumptive amounts for higher incomes.
- Low-Income Obligors: The self-support threshold, the minimum monthly income required for child support obligations, has increased to $867.
Contact Divorce Lawyer R. Badet for assistance with child support, custody, and other family law matters.
- Specializing in both simple and complex divorce cases, spousal support, child custody, and child support.
- Known for providing expert representation and achieving the best outcomes for clients.
Visit www.lawyersfordivorces.net or call (267) 277-2641 for a free consultation today!