- Both parents are obligated to financially support their minor children.
- This support belongs to the child, so parents cannot waive or negotiate it away. Any agreement attempting to eliminate child support is invalid as it goes against public policy.
- As part of a divorce, the parent without primary custody typically must pay child support.
- Child support amounts are determined by specific state guidelines.
- Pennsylvania follows the “income shares” model, considering both parents’ incomes when calculating support.
Calculating Child Support:
Pennsylvania uses standard guidelines based on the parties’ net incomes and other earnings. The courts factor in both the child’s reasonable needs and the paying parent’s financial ability.
Relevant Factors Include:
- The children’s ages
- Any unusual needs and obligations of the parents
- Existing support responsibilities
- Each parent’s assets
- Uninsured medical expenses
- The family’s standard of living
- How long the marriage lasted
- The child’s best interests
Child support can cover reasonable educational expenses. If a child requires a specialized education (e.g., due to special needs), these costs may be included if it’s reasonable based on the parents’ financial abilities.
Modifying Child Support:
To change a child support order, there must be a substantial and material shift in circumstances, such as:
- A parent’s remarriage resulting in more dependents
- A significant increase in a parent’s income
- Serious illness
- The child moving from one parent’s residence to the other
Child support won’t decrease simply because the paying parent voluntarily earns less income. Also, changes in the time a child spends with the non-custodial parent may justify adjustments. However, non-payment of support cannot be used as a reason to restrict visitation.
Termination of Child Support:
Support generally ends when the child turns 18 or finishes high school, whichever is later, unless the child is disabled and unable to support themselves. Support may end earlier if the child becomes legally emancipated and self-supporting.
If a parent dies, the child cannot seek support from the parent’s estate unless a settlement agreement states otherwise. Pregnancy or having a child does not by itself establish emancipation.
Enforcing Child Support Orders:
Courts have various methods to enforce child support, including:
- Withholding income
- Intercepting tax refunds
- Seizing property
- Using civil or criminal contempt orders, which can involve fines or jail time
Pennsylvania follows the Uniform Interstate Family Support Act, allowing efficient enforcement of support orders across state lines. Out-of-state orders can be registered in Pennsylvania for enforcement purposes.
Tax Implications:
- The paying parent cannot deduct child support from their taxes.
- The receiving parent does not include it as taxable income.
- Typically, the custodial parent claims the child as a dependent unless they provide a written waiver.
- A parent who pays qualifying medical expenses may deduct those costs.
Recent Updates:
- For higher-income families (combined monthly net income above $30,000), there are now formulas and guidelines for determining support amounts.
- For lower-income families, the self-support reserve has increased to a net income of $867 per month. Below that threshold, a parent may not be required to pay support.
For more information or assistance with divorce and child support matters, consider contacting Divorce Lawyer R. Badet. He has extensive experience handling complex family law issues, from child support and custody to spousal support and property division. Visit www.lawyersfordivorces.net or call for a free consultation. Highly respected and knowledgeable, he represents clients in both Family Law and Criminal Law contexts.
“divorce lawyers nearby”
“divorce and family law attorney”
“low income divorce lawyers near me”
“international divorce lawyer near me”
“reasonable divorce lawyers”
“best rated divorce lawyers near me”
“finding a good divorce lawyer”
“find divorce attorney”
“divorce and family lawyer near me”
“divorce lawyers for men near me”
“black divorce lawyers near me”
“male divorce lawyers”
“black divorce lawyers”
“family law divorce lawyers”
“contested divorce lawyer”
“top rated divorce attorneys”
“divorce attorney for women”
“uncontested divorce lawyers near me”
“best child custody lawyer”
“affordable family lawyer”
“divorce lawyers in my area”
“best family lawyer near me”