- Parental Responsibility:
- Both parents have a legal obligation to support their minor children, regardless of marital status.
- Child support is a right of the child and cannot be waived or negotiated away by parents, as any such agreements are considered void under public policy.
- General Principles:
- In divorce cases, the non-custodial parent is typically required to provide child support.
- Child support calculations in Pennsylvania follow standardized “child support guidelines” based on the income of both parents, using the “income shares” model.
Child Support Calculation
Courts determine child support payments based on reasonable needs of the child and the paying parent’s ability to pay. Factors considered include:
- The child’s age.
- Any unusual needs or obligations of either parent.
- Existing support obligations.
- Assets of both parents.
- Uncovered medical expenses.
- Standard of living prior to divorce.
- Duration of the marriage.
- The child’s best interests.
Education Costs:
Child support may cover reasonable education expenses, including private school tuition if deemed necessary for the child’s well-being, such as for special needs.
Modifying Child Support
Child support orders may be modified if there is a significant and material change in circumstances, such as:
- A parent’s remarriage and additional children.
- A significant increase or decrease in income.
- A severe illness affecting financial capacity.
- The child moving from one parent’s custody to the other.
Important Notes:
- Voluntarily reducing income (e.g., quitting a job) does not justify a reduction in child support payments.
- Child support obligations and visitation rights are separate; failure to pay child support does not justify denying visitation.
Termination of Child Support
Support obligations typically end when a child reaches 18 years old or graduates from high school, whichever occurs later. However, exceptions apply for children who are physically or mentally disabled and unable to support themselves.
Emancipation:
Support may end earlier if the child becomes emancipated, meaning they are self-supporting and independent. This is determined case-by-case.
Special Considerations:
- Child support obligations do not extend to a deceased parent’s estate unless an agreement specifies otherwise.
- Pregnancy or parenthood alone does not constitute emancipation.
Enforcing Child Support Orders
Courts have various methods to enforce child support payments, including:
- Withholding income directly from wages.
- Intercepting tax refunds.
- Seizing property.
- Issuing contempt orders, which may result in fines or jail time for noncompliance.
Interstate Enforcement:
Pennsylvania follows the Uniform Interstate Family Support Act to simplify enforcement across state lines, allowing registration of out-of-state child support orders for enforcement.
Tax Implications
- Child support payments are not deductible by the payer nor considered taxable income for the recipient.
- The custodial parent generally claims the child as a dependent, unless they provide a written waiver.
- Medical expenses paid by a parent may be tax-deductible.
Recent Updates to Guidelines
- High-Income Parents: New guidelines apply to combined net incomes up to $30,000 monthly, providing a presumptive formula for higher incomes.
- Low-Income Parents: The threshold for child support obligations now excludes parents earning less than $867 in monthly net income.
For professional assistance with child support, custody, or other family law matters, Divorce Lawyer R. Badet offers experienced and compassionate representation.
Contact Information:
- Website: www.lawyersfordivorces.net
- Phone: (267) 277-2641
Special Offers:
- Consent divorces for $599, completed in 60 days.
- Free consultations available.
Reach out today for expert legal guidance tailored to your needs!