Child Support in Pennsylvania

  1. Obligation to Support:
    • Both parents are legally required to provide financial support for their minor children.
    • This obligation is for the benefit of the child and cannot be waived or negotiated away by the parents. For example, clauses in prenuptial or postnuptial agreements waiving child support are void against public policy.
  2. Non-Custodial Parent’s Responsibility:
    • As part of a divorce settlement, the non-custodial parent is typically required to pay child support.
  3. Calculation of Child Support:
    • Pennsylvania employs the “income shares” model, which considers the combined net income of both parents and the proportion each contributes.
    • Child support amounts are determined using standardized guidelines based on reasonable needs and the paying parent’s ability to pay.

Factors Influencing Child Support Calculation

Courts consider various factors, including:

  1. Ages of the children.
  2. Any unusual needs or obligations of the parents or children.
  3. Existing support obligations for other dependents.
  4. Assets owned by each parent.
  5. Uninsured medical expenses.
  6. Standard of living during the marriage.
  7. Length of the marriage.
  8. Best interests of the child.

Additional Consideration:
Reasonable education expenses, such as private school tuition, may be included if they align with the child’s needs and the parents’ financial capacity (e.g., private schooling for special needs).

Modification of Child Support

A significant and material change in circumstances is required to modify a child support order. Examples include:

  1. Remarriage of a parent leading to additional dependents.
  2. An increase or decrease in income.
  3. Serious illness impacting financial resources.
  4. The child changing residence from one parent to the other.

Important Notes:

  • Voluntary reduction in income, such as quitting a job, does not justify lowering child support.
  • Child support obligations and visitation rights are treated separately. Non-payment of child support is not a valid reason to deny visitation.

Termination of Child Support

Child support obligations generally end when the child:

  1. Reaches age 18 or graduates high school, whichever is later.
  2. Is emancipated by becoming self-supporting and independent, as determined by the court.
  3. Becomes incapacitated and is unable to support themselves due to a physical or mental disability.

Legal Precedents:

  • A child cannot seek support from a deceased parent’s estate unless explicitly outlined in a prior settlement agreement.
  • Pregnancy or bearing a child does not automatically result in emancipation.

Enforcement of Child Support Orders

Courts can enforce child support through various measures, including:

  1. Income withholding from wages.
  2. Interception of tax refunds.
  3. Seizure of property.
  4. Issuance of civil or criminal contempt orders, which may include fines or jail time.

Interstate Enforcement:
Pennsylvania follows the Uniform Interstate Family Support Act (UIFSA) to ensure child support orders issued in one state are enforceable in another.

Tax Implications of Child Support

  1. Child support payments are not tax-deductible for the paying parent.
  2. The custodial parent generally claims the child as a dependent unless they waive this right in writing.
  3. Medical expenses paid for the child may be tax-deductible by the paying parent.

Recent Changes to Child Support Guidelines

  1. High-Income Obligors:
    • Guidelines now apply to combined net household incomes up to $30,000 per month, with specific formulas for incomes exceeding this threshold.
  2. Low-Income Obligors:
    • The minimum net income required for child support obligations has increased to $867 per month. Parents earning less than this amount are not subject to child support payments.

Why Choose Divorce Lawyer R. Badet?

With extensive experience in family law, Divorce Lawyer R. Badet offers expert legal guidance on child support, custody, and divorce matters.

What Sets Him Apart:

  • Skilled in both simple and complex child support cases.
  • Knowledgeable about Pennsylvania child support laws and guidelines.
  • Dedicated to achieving favorable outcomes for clients.

Contact Information:
📞 (267) 277-2641
🌐 www.lawyersfordivorces.net

Call today for a free consultation to discuss your child support or family law case!