- Obligation to Support Children
Both parents are legally required to provide financial support for their minor children. Because child support is the child’s right, parents cannot waive or negotiate it away; any agreement to the contrary is void as a matter of public policy. - Typical Support Arrangement
In a divorce settlement, the parent who does not have primary physical custody usually pays child support to the custodial parent. - Child Support Guidelines
Each state, including Pennsylvania, establishes mathematical formulas known as child support guidelines. Pennsylvania follows an “income shares” model, which considers both parents’ incomes when determining the amount of support.
Calculating Child Support
Pennsylvania’s guidelines assess the reasonable needs of the child and the payer’s ability to provide support, focusing on net income and other available resources. Courts also look at various factors, including:
- Child’s age(s)
- Unusual needs and financial obligations of both parties
- Other support responsibilities each parent has
- The parties’ assets
- Medical costs not covered by insurance
- The standard of living established during the marriage
- The marriage’s duration
- The child’s best interests
Private school or specialized education costs may be included if deemed reasonable, particularly when a child’s special needs require it and the parents can afford it.
Modifying Child Support
A court may change a support order if there is a substantial change in circumstances, such as:
- A parent remarries and acquires new financial obligations
- An increase or decrease in a parent’s income
- A serious illness
- The child moving from one parent’s residence to the other
Simply quitting a job will not reduce a support obligation. The guidelines assume a certain amount of parenting time for the non-custodial parent, and significant deviations may prompt a request for modification. It’s important to note that child support and visitation rights are independent matters; a parent who fails to pay support cannot be denied visitation on that basis.
Termination of Child Support
Support typically ends when the child turns 18 or finishes high school, whichever is later, unless the child is physically or mentally unable to be self-sufficient. Support obligations may end earlier if the child becomes emancipated before turning 18, which requires showing that the child is self-supporting and not under parental control. Simply having a child of one’s own does not automatically grant emancipation.
If a parent dies, the child generally cannot seek support payments from the deceased parent’s estate unless there was a settlement agreement allowing for it.
Enforcing Child Support Orders
Pennsylvania courts have various tools for enforcing support:
- Wage garnishment
- Intercepting tax refunds
- Property liens or seizure
- Civil and criminal contempt orders (potentially involving fines or jail time)
The state follows the Uniform Interstate Family Support Act to simplify collection when parents live in different jurisdictions. Orders from other states can be registered in Pennsylvania, enabling local courts to enforce them.
Tax Ramifications
- The paying parent (obligor) cannot deduct child support from taxable income, and the receiving parent does not count it as taxable income.
- The custodial parent typically claims the child as a dependent unless they waive this right in writing.
- A parent who pays for a child’s medical expenses can generally deduct those costs (subject to tax rules on medical deductions).
Recent Adjustments
- Higher Income Brackets: The child support guidelines have been expanded to account for combined monthly net incomes up to $30,000 (previously $20,000). For even higher incomes, a formula provides a presumptive amount.
- Lower Income Brackets: The “self-support reserve” has been increased to $867 in monthly net income, meaning a parent earning less than $867 a month typically won’t be required to pay child support.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is committed to guiding clients through every stage of divorce proceedings, including spousal support, child custody, and child support matters. He has extensive legal knowledge and years of experience in both Family Law and Criminal Law, advocating tirelessly for the most favorable outcome.
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