Child Support in Pennsylvania:

  1. Both parents are legally obligated to provide financial support for their minor children.
  2. Child support is considered a right of the child, meaning parents cannot waive it through agreements. Any such provision, like in prenuptial or postnuptial agreements stating one parent won’t have to pay child support, would be void as it goes against public policy.
  3. Typically, as part of a divorce settlement, the non-custodial parent is required to pay child support.
  4. States use specific guidelines, known as “child support guidelines,” to determine the amount of child support.
  5. Pennsylvania follows an “income shares” model for calculating child support, considering both parents’ incomes.

Calculating Child Support:

Pennsylvania has set guidelines for determining child support, considering both the child’s needs and the parent’s ability to pay. The courts primarily focus on the parents’ net incomes and any other earnings.

Factors used to calculate child support include:

  1. The children’s ages.
  2. The parties’ special needs and obligations.
  3. Existing support obligations of the parents.
  4. The parties’ financial assets.
  5. Medical expenses not covered by insurance.
  6. The parties’ standard of living.
  7. The duration of the marriage.
  8. The child’s best interests.

Child support also covers reasonable educational expenses, like private school fees, depending on the child’s needs and the parents’ financial capacity. For example, if a child has special needs requiring specialized schooling, these costs may be part of the support order.

Modifying Child Support:

A child support order can be modified if there is a substantial change in circumstances related to the child’s needs or the parents’ financial situations. Examples include:

  1. A parent remarries and has additional children to support.
  2. A significant increase in income.
  3. Serious illness.
  4. A change in the child’s living arrangements, such as moving to the other parent’s home.

Child support will not be reduced simply because a parent voluntarily lowers their income (e.g., quitting a job).

Child support and visitation are separate matters, so failure to pay child support cannot be used as a reason to deny visitation.

Ending Child Support:

Child support generally ends when the child turns 18 or graduates from high school, whichever comes later, unless the child is physically or mentally disabled and unable to support themselves. The obligation may also end if a child is emancipated before 18. Emancipation occurs when a child becomes self-supporting and independent, and must be determined by the court based on all circumstances. For instance, if a child gets married under 18, they may be considered emancipated. However, pregnancy or childbirth alone does not lead to emancipation.

It’s important to note that a child cannot continue to receive support from a deceased parent’s estate unless a separate settlement agreement is in place.

Enforcing Child Support Orders:

There are several methods to enforce child support, including:

  1. Income withholding.
  2. Tax refund interception.
  3. Property seizure.
  4. Civil or criminal contempt orders, which can include fines or jail time.

Pennsylvania also follows the Uniform Interstate Family Support Act, which simplifies the process of enforcing child support across state lines, including income withholding. If a child support order is issued in another jurisdiction, it can be registered in Pennsylvania for enforcement.

Tax Implications of Child Support:

  1. The parent paying child support cannot deduct it from their taxes, and the receiving parent does not include it as income.
  2. The custodial parent can claim the child dependency exemption unless it’s waived in writing by the other parent.
  3. The parent paying for medical expenses may be able to deduct them.

Recent Changes:

For High-Income Obligors: Previously, child support guidelines applied to combined net household incomes up to $20,000 per month. The new guidelines extend this to $30,000. For incomes above $30,000, a formula is available to calculate a presumptive amount.

For Low-Income Obligors: The minimum net income threshold for a parent to be obligated to pay child support has been increased to $867 per month. If a parent earns less than this amount, they are not required to pay child support.

About Divorce Lawyer R. Badet:

R. Badet is an experienced divorce and child support attorney dedicated to helping clients navigate all stages of divorce, including complex issues like spousal support, child support, and child custody. His expertise ensures the best possible outcomes for clients. For more information or a free consultation, visit his website or call 267-277-2641. He is well-respected for his extensive experience in both family law and criminal law. If you’re looking for a skilled attorney in Philadelphia or surrounding areas, R. Badet is ready to assist.