Child Support in Pennsylvania:

  1. Both parents are legally obligated to support their minor children.
  2. Child support is a right belonging to the child, meaning parents cannot negotiate or waive it. Any agreement that attempts to do so, such as a prenuptial or postnuptial agreement stating that one parent won’t pay child support, is invalid and 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 formulas, known as “child support guidelines,” to determine the amount of support.
  5. Pennsylvania applies the “income shares” model, which considers both parents’ incomes when calculating support.

Calculating Child Support:

Pennsylvania has standardized guidelines for determining child support, focusing on the reasonable needs of the child and the ability of the obligor (the parent paying support) to contribute. The guidelines are primarily based on the parties’ net incomes and other earnings.

Factors for Calculating Child Support:

  1. The ages of the children.
  2. Any unusual needs and obligations of the parties.
  3. The support responsibilities of the parents.
  4. The assets of each parent.
  5. Uncovered medical expenses.
  6. The parents’ standard of living.
  7. The length of the marriage.
  8. The best interests of the child.

Note: Child support covers reasonable educational expenses based on the child’s needs and the parents’ ability to pay. For example, private school tuition may be included if it is deemed reasonable, especially if the child has special needs that require a specialized school.

Modification of Support:

A child support order can be modified if there is a significant change in circumstances regarding the child’s needs or the financial situation of the parents. Examples include:

  1. A parent remarries and has additional children to support.
  2. A significant increase in income.
  3. Serious illness.
  4. The child moves between the parents’ homes.

Support will not be reduced if the obligor voluntarily lowers their income, such as by quitting a job. The guidelines also take into account the expected amount of time the child will spend with each parent. Significant deviations from this expectation can justify a request for modification, but visitation and child support are separate matters; non-payment of support cannot be used to withhold visitation rights.

Termination of Child Support:

Child support typically ends when the child reaches 18 or graduates from high school, whichever comes later, unless the child is physically or mentally disabled and unable to support themselves. It may also end if a child is emancipated before turning 18. Emancipation requires proof that the child is financially independent and no longer under parental control, which is determined case by case by the court. Pregnancy or having a child does not automatically lead to emancipation.

In Pennsylvania, the Supreme Court has ruled that children cannot seek support from a deceased parent’s estate unless the parents have an agreement to that effect.

Enforcement of Child Support:

There are several methods to enforce child support, including:

  1. Income withholding.
  2. Interception of tax refunds.
  3. Seizing property.
  4. Contempt of court orders, which may include fines or jail time.

Pennsylvania has adopted the Uniform Interstate Family Support Act, which helps enforce child support orders across state lines, including through income withholding.

Tax Implications of Child Support:

  1. The obligor cannot deduct child support payments, and the recipient does not need to report child support as income.
  2. The custodial parent is entitled to claim the child as a dependent for tax purposes, unless they waive this right in writing.
  3. The parent responsible for medical expenses can deduct those costs.

Recent Changes:

  • High-Income Obligors: The child support guidelines have been expanded to apply to combined household incomes up to $30,000 per month (previously $20,000). For incomes above $30,000, there are now formulas to calculate a presumptive amount.
  • Low-Income Obligors: The minimum amount a person must earn to be subject to child support has been raised to $867 in net monthly income. Individuals earning less than this amount are not required to pay child support.

Divorce Lawyer R. Badet is an experienced attorney specializing in divorce and child support matters. With expertise in handling both simple and complex cases, he is committed to obtaining the best possible results for his clients. For more information, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation.