- Obligation of Both Parents
Each parent is legally required to support their minor children. The child’s right to support cannot be waived or bargained away by either parent. If an agreement—such as a prenuptial or postnuptial contract—attempts to eliminate child support, that part of the agreement is void against public policy. - Typical Payment Arrangement
In most divorce cases, the non-custodial parent is expected to pay child support. Pennsylvania uses specific guidelines based on both parents’ incomes (the “income shares” approach) to calculate the payment amount.
Calculating Child Support
Pennsylvania’s guidelines consider the parents’ net incomes, reasonable needs of the child, and the obligor’s ability to pay. Several key factors influence the specific amount, including:
- The child’s age and any special needs
- Each parent’s other support obligations
- Assets and medical costs not covered by insurance
- The standard of living during the marriage
- How long the marriage lasted
- What best serves the child’s interests
School-related expenses may also form part of child support if they are reasonable and necessary, such as private school fees or specialized programs for a child with unique educational needs.
Modification of Support
A child support order can be changed if there is a significant and material shift in the child’s or parents’ circumstances, such as:
- A parent remarries and acquires additional support responsibilities
- A substantial rise in income
- The obligor or the child develops a serious illness
- The child moves from one parent’s household to the other
Voluntarily quitting a job will not reduce the obligor’s duty to pay. Although the guidelines assume a certain level of parenting time with the non-custodial parent, significant deviations—upward or downward—may be grounds for modifying the obligation. Notably, denial of visitation cannot be used as a response to non-payment of support; the two issues are legally separate.
Termination of Child Support
Generally, child support ends when the child turns 18 or completes high school, whichever occurs later, unless the child is disabled and unable to become self-supporting. Support may also cease if a court finds the child to be emancipated before reaching 18 (for instance, if the child has married under legal age or is demonstrably self-sufficient). Pennsylvania courts have ruled that support cannot continue from a deceased parent’s estate unless a valid settlement agreement allows it.
Enforcement of Child Support Orders
Courts have multiple methods of enforcing child support, including:
- Income withholding
- Intercepting tax refunds
- Seizing property
- Civil or criminal contempt (potentially involving fines or jail time)
Pennsylvania applies the Uniform Interstate Family Support Act, which simplifies enforcing child support orders across state lines. Orders from another jurisdiction can be registered in Pennsylvania for enforcement.
Tax Consequences
- Child support payments are neither deductible by the payer nor taxable as income for the recipient.
- The custodial parent typically claims the child as a dependent, unless they waive this right in writing.
- Any unreimbursed medical expenses paid by a parent are generally deductible for the one who pays them.
Recent Adjustments to Guidelines
- High Incomes: Guideline schedules now apply up to combined net monthly incomes of $30,000 (an increase from $20,000). For those above $30,000, a formula provides a presumptive support figure.
- Low Incomes: The “self-support amount” is $867 net monthly income. Parents earning below that amount typically do not pay child support.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience guiding clients through all phases of the divorce process, including cases involving spousal support, child support, and custody. His broad knowledge as a divorce attorney enables him to secure the best possible outcomes for his clients. To learn more about your legal rights and options, visit his website at www.lawyersfordivorces.net or call for a free consultation. He is highly respected for his years of practice in both Family Law and Criminal Law matters.
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