Child Support in Pennsylvania:

  1. Both parents have a legal obligation to financially support their minor children.
  2. Child support is a right of the child, meaning parents cannot waive it through an agreement. Any attempt to do so is considered void, such as in prenuptial or postnuptial agreements that state one spouse will not pay child support.
  3. Typically, in a divorce settlement, the non-custodial parent is required to pay child support.
  4. States have established specific child support formulas, referred to as “child support guidelines.”
  5. Pennsylvania follows the “income shares” model, which considers both parents’ incomes when determining support.

Calculating Child Support:

Pennsylvania courts use standard guidelines to calculate child support, taking into account both parents’ net incomes and ability to pay. The following factors influence this calculation:

  1. The children’s ages.
  2. The parents’ unusual needs or obligations.
  3. Existing support obligations of either parent.
  4. The parents’ assets.
  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 may include reasonable education costs, like private school tuition, if it is deemed necessary based on the child’s needs and the parents’ financial capabilities. For example, if a child has special needs that require a specialized school, this would be factored into the child support calculation.

Modification of Support:

Child support orders can be modified if there is a significant change in circumstances, such as:

  1. A parent’s remarriage or the addition of new children.
  2. A substantial increase in income.
  3. Serious illness.
  4. The child’s relocation to the other parent’s home.

A reduction in income by the obligor, such as quitting a job, will not automatically lead to a decrease in support.

Child support is generally calculated based on a presumed amount of time the child will spend with the non-custodial parent. If the actual visitation differs significantly, a parent may request a modification. However, child support and visitation are separate issues; non-payment of child support cannot justify withholding visitation.

Termination of Child Support:

Child support obligations typically end when the child turns 18 or graduates from high school, whichever is later, unless the child is physically or mentally disabled and unable to support themselves. If a child becomes emancipated before 18, support obligations may end. Emancipation occurs when a child becomes self-supporting and independent of parental control. The court decides this on a case-by-case basis. Note that a child cannot seek support from a deceased parent’s estate unless a specific agreement allows it.

Enforcement of Child Support:

Courts have several tools to enforce child support, including:

  1. Wage garnishment.
  2. Interception of tax refunds.
  3. Property seizures.
  4. Contempt orders, which could result in fines or jail time.

Pennsylvania follows the Uniform Interstate Family Support Act, which simplifies enforcing child support across states, including through income withholding. Support orders from other jurisdictions can be registered in Pennsylvania for enforcement.

Tax Consequences of Child Support:

  1. The paying parent cannot deduct child support payments, and the receiving parent does not count them as income.
  2. The custodial parent can claim the child dependency exemption unless waived in writing.
  3. The parent who pays medical expenses may deduct them.

Recent Changes:

  • 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 per month, with formulas available for even higher incomes.
  • Low-Income Obligors: The minimum net income a parent must earn to be required to pay child support has been raised to $867 per month. Parents earning below this amount are not obligated to pay child support.

Divorce Lawyer R. Badet is an experienced attorney who assists clients through every phase of divorce, including child support, custody, and other family law matters. He is dedicated to achieving the best outcomes for his clients. To learn more about your rights and options, visit his website at www.lawyersfordivorces.net or contact him for a free consultation at 267-277-2641. He is highly respected in his field with years of experience, offering expert representation in family law and divorce litigation.