- Both parents are legally obligated to financially support their minor children.
- Child support is a right that belongs to the child, meaning parents cannot waive or alter it through agreements, such as in prenuptial or postnuptial agreements. Any such provision is considered void.
- Typically, as part of a divorce settlement, the non-custodial parent is required to pay child support.
- States have specific “child support guidelines” that use formulas to determine the amount of child support.
- Pennsylvania follows the “income shares” model for determining child support, which considers both parents’ incomes.
Calculating Child Support
Pennsylvania uses standard guidelines to determine child support amounts, focusing on both parents’ net incomes and the reasonable needs of the child. These guidelines also take into account other factors such as:
- The children’s ages
- Unusual needs or obligations of the parties
- The parties’ support obligations
- Assets of the parties
- Medical expenses not covered by insurance
- The parties’ standard of living
- Duration of the marriage
- The child’s best interests
Child support includes reasonable education expenses based on the child’s needs and what the parents can reasonably afford. For example, private school costs may be included if they are deemed necessary for the child’s needs, such as if the child requires a specialized school for special needs.
Modification of Child Support
Child support orders can be modified if there is a significant change in circumstances, such as:
- A parent remarrying and having additional children to support
- An increase in a parent’s income
- A serious illness or other significant change
- A child moving from one parent’s home to the other
Child support is not reduced simply because the paying parent voluntarily reduces their income, such as quitting a job. Additionally, visitation and child support are separate matters. Non-payment of child support cannot be used to withhold visitation.
Termination of Child Support
Child support obligations generally end when the child turns 18 or graduates from high school, whichever comes later, unless the child is physically or mentally disabled and cannot support themselves. Child support may also end if a child is emancipated before turning 18. Emancipation requires proof that the child is self-supporting and independent. A child may be considered emancipated by law if allowed to marry before 18. Courts make emancipation decisions on a case-by-case basis.
Note that the Pennsylvania Supreme Court has ruled that a child cannot seek support from a deceased parent’s estate unless there is a settlement agreement that states otherwise. Additionally, pregnancy or bearing a child is not sufficient grounds for emancipation.
Enforcement of Child Support
There are various ways a court can enforce a child support order, including:
- Withholding income
- Intercepting tax refunds
- Seizing property
- Issuing civil or criminal contempt orders, which may include fines or jail time
Pennsylvania has adopted the Uniform Interstate Family Support Act, which facilitates the collection of interstate child support, including income withholding. Pennsylvania also has a process for registering out-of-state child support orders to ensure they are enforceable.
Tax Implications of Child Support
- The parent paying child support cannot deduct these payments, and the receiving parent does not count them as income.
- The custodial parent can claim the child as a dependent unless waived in writing by that parent.
- The parent who pays medical expenses may be able to deduct them.
Recent Changes
- High-Income Parents: Previously, child support guidelines applied only to combined net incomes up to $20,000 per month. The new guidelines extend this to $30,000 per month, and for incomes above that, a formula can be used to calculate the presumptive amount.
- Low-Income Parents: The minimum net income a person must earn to be obligated to pay child support has been raised to $867 per month. Parents earning below this amount are not required to pay child support.
Divorce Lawyer R. Badet is an experienced attorney specializing in divorce and child support issues. He is committed to helping clients through every step of the divorce process, from complex cases to simpler ones. His practice includes spousal support, child support, and child custody matters. For more information, visit his website at www.lawyersfordivorces.net or call for a free consultation. With years of experience, Divorce Lawyer R. Badet is a highly respected attorney known for his expertise in family law. If you’re looking for legal assistance with divorce or child support in Philadelphia County or surrounding areas, contact him today.