Child Support in Pennsylvania:

  1. Both parents have a legal obligation to support their minor children.
  2. Child support is a right of the child, and parents cannot waive it through agreement. Any such arrangement is considered void, including clauses in prenuptial or postnuptial agreements that attempt to exclude child support.
  3. In most divorce settlements, the non-custodial parent is required to pay child support.
  4. States use specific formulas, known as “child support guidelines,” to determine child support amounts.
  5. Pennsylvania uses the “income shares” model for child support, which considers the incomes of both parents.

Calculating Child Support:

Pennsylvania’s child support guidelines take into account various factors to determine the appropriate support amount. These guidelines focus on the net incomes of both parties and their ability to meet the child’s needs.

Factors used to calculate child support include:

  1. The children’s ages.
  2. Any unusual needs or obligations of the parents.
  3. Each parent’s support obligations.
  4. The parents’ assets.
  5. Medical expenses not covered by insurance.
  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 expenses, such as private school costs, if deemed necessary based on the child’s needs and the parents’ ability to pay. For instance, if a child has special needs that require a specific school, those costs may be included in child support.

Modification of Support:

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

  1. A parent remarrying and taking on additional children.
  2. An increase in either parent’s income.
  3. A serious illness.
  4. The child moving from one parent’s home to the other.

Child support will not be reduced simply because the paying parent voluntarily lowers their income (e.g., quitting a job). If there are significant changes in the time spent with each parent, it may be grounds for modifying child support, but child support and visitation are separate issues—failure to pay support cannot be used to withhold visitation.

Termination of Child Support:

Child support typically ends when the child turns 18 or graduates from high school, whichever occurs later, unless the child is physically or mentally disabled and unable to support themselves. Support obligations may also end if a child is emancipated before turning 18. Emancipation requires proof that the child is self-supporting and independent, which is determined case by case by the court. Emancipation can also occur by law if the child gets married under 18.

The Pennsylvania Supreme Court has ruled that a child cannot seek support from a deceased parent’s estate unless specifically agreed upon in a settlement. Pregnancy alone does not justify emancipation.

Enforcement of Child Support Awards:

There are several ways courts enforce child support orders, including:

  1. Income withholding.
  2. Tax refund interceptions.
  3. Seizing property.
  4. Issuing contempt orders, including fines or jail time.

Pennsylvania follows the Uniform Interstate Family Support Act (UIFSA), making it easier to collect child support across state lines through income withholding. The state also allows for the registration of child support orders from other jurisdictions to make them enforceable.

Tax Consequences of Child Support:

  1. The parent paying child support cannot deduct those payments, and the recipient does not include them in their income.
  2. The custodial parent typically claims the child dependency exemption unless waived in writing.
  3. The parent who pays medical expenses may be eligible to deduct them.

Recent Changes:

  • High-income obligors: The child support guidelines used to apply only to combined net household incomes up to $20,000 per month. Now, they apply up to $30,000, with a formula available for higher incomes.
  • Low-income obligors: The self-support reserve, the minimum income required for a parent to be subject to child support, has been raised to $867 net income per month. If a parent earns less than this, they are not required to pay child support.

Divorce Lawyer R. Badet is an experienced attorney specializing in divorce and child custody cases. He helps clients navigate the complexities of divorce, child support, and custody issues. Known for his extensive experience and dedication to achieving favorable outcomes, he is a trusted lawyer in Philadelphia and surrounding counties. To learn more about your legal rights and options, visit his website at www.lawyersfordivorces.net or call for a free consultation at 267-277-2641.