- Both parents share a legal obligation to financially support their minor children.
- Child support is a right of the child and cannot be waived or bargained away by parents, even in prenuptial or postnuptial agreements. Any such provision is void as it goes against public policy.
- Typically, the non-custodial parent is required to pay child support as part of a divorce settlement.
- Pennsylvania uses a standard formula called “child support guidelines” to calculate support amounts.
- The state employs an “income shares” model, factoring in both parents’ earnings to determine support.
Calculating Child Support
Pennsylvania guidelines consider the needs of the child and the paying parent’s ability to provide support. Courts assess the following factors:
- Children’s ages.
- Any special needs or obligations of the parents.
- Existing support responsibilities.
- Parents’ assets.
- Uninsured medical expenses.
- Standard of living during the marriage.
- Length of the marriage.
- The child’s best interests.
Education expenses are included in child support when reasonable, such as private school costs for special needs children, provided parents can afford them.
Modifying Child Support
Changes to a support order require substantial changes in circumstances, such as:
- A parent remarrying and supporting additional children.
- Increased income.
- Serious illness.
- The child changing primary residence.
Courts do not reduce payments simply because a parent voluntarily lowers their income (e.g., quitting a job). While time spent with the non-custodial parent can impact calculations, non-payment of child support does not justify withholding visitation rights.
Terminating Child Support
Child support obligations generally end when a child turns 18 or graduates high school, whichever occurs later, unless the child has a disability preventing self-support. Early emancipation may end support, but this is determined case by case based on self-sufficiency.
- Children cannot seek support from a deceased parent’s estate unless explicitly stated in a settlement agreement.
- Pregnancy alone does not qualify a child for emancipation.
Enforcement of Child Support
Pennsylvania courts use several methods to enforce child support, including:
- Income withholding.
- Intercepting tax refunds.
- Seizing property.
- Imposing fines or jail time for non-compliance through contempt orders.
The state follows the Uniform Interstate Family Support Act, streamlining child support collection across states and allowing registration of orders from other jurisdictions for enforcement.
Tax Implications of 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.
- Medical expenses paid by a parent may be deductible.
Recent Updates
- High-Income Obligors: Child support guidelines now apply to combined household incomes of up to $30,000 per month, with formulas for incomes above this level.
- Low-Income Obligors: Individuals with net incomes below $867 per month are not required to pay child support.
Experienced Child Support and Family Lawyer
Divorce Lawyer R. Badet is a trusted legal professional specializing in child support, custody, and divorce. With years of experience, he provides expert guidance for both simple and complex cases.
📞 Contact: (267) 277-2641
🌐 Visit: www.lawyersfordivorces.net
Whether navigating divorce, spousal support, or child custody matters, R. Badet is committed to achieving the best possible outcomes for his clients. Call today for a free consultation!