- Both parents are legally obligated to financially support their minor children.
- Child support is the child’s right, meaning parents cannot waive or negotiate it away. Any agreement to do so is considered void, as it goes against public policy. For instance, if a prenuptial or postnuptial agreement states that one spouse will not have to pay child support, that provision will be invalid.
- As part of divorce settlements, typically, the non-custodial parent is required to pay child support.
- Child support amounts are calculated based on state-specific guidelines, known as “child support guidelines.”
- Pennsylvania uses the “income shares” model to calculate child support, which considers the income of both parents.
Calculating Child Support:
In Pennsylvania, courts follow standard guidelines to determine child support amounts. They assess the reasonable needs of the child and the obligor’s ability to pay, taking into account both parents’ net incomes and other sources of income.
Factors for Child Support Calculation:
- The children’s ages.
- Special needs and financial obligations of the parents.
- Existing support obligations.
- The assets of both parties.
- Medical expenses not covered by insurance.
- The parents’ standard of living.
- Duration of the marriage.
- The best interests of the child.
Note: Child support may cover reasonable educational costs, such as private school tuition, if they are deemed necessary for the child’s needs and the parents’ financial capacity. For example, if a child has special needs requiring enrollment in a specific school, this could be included in child support calculations.
Modification of Support:
A modification of child support can be requested if there is a significant change in circumstances, such as:
- A parent remarries and has more children to support.
- A change in income.
- A serious illness.
- The child moves from one parent’s home to the other.
Support amounts will not be reduced just because the obligor voluntarily reduces their income, such as quitting a job.
While child support and visitation are treated separately, significant changes in visitation can be grounds for modifying child support. However, failure to pay child support cannot be used as a reason to deny visitation.
Termination of Child Support:
Child support typically ends when the child reaches 18 or graduates from high school, whichever occurs later, unless the child is disabled and unable to support themselves. Child support may also end if the child is emancipated before turning 18. Emancipation requires evidence that the child is self-supporting and independent of parental control, which must be assessed case by case by the court. Emancipation can occur if the child marries under 18, for example. Additionally, pregnancy alone does not qualify as a reason for emancipation.
The Pennsylvania Supreme Court has ruled that a child cannot claim support from a deceased parent’s estate unless a settlement agreement specifies otherwise.
Enforcement of Child Support Orders:
Courts have several methods to enforce child support orders, including:
- Income withholding.
- Intercepting tax refunds.
- Seizing property.
- Issuing civil or criminal contempt orders, which can include fines or jail time.
Pennsylvania has adopted the Uniform Interstate Family Support Act, making it easier to collect child support across state lines through income withholding. Pennsylvania also has a process to register out-of-state child support orders for enforcement.
Tax Implications of Child Support:
- The person paying child support (obligor) cannot deduct these payments, and the recipient does not count them as income.
- The custodial parent is entitled to the child dependency exemption unless they waive it in writing.
- The parent who pays for medical expenses may deduct those costs.
Recent Changes:
- For High-Income Obligors: Previously, child support guidelines applied to net household incomes up to $20,000 per month. The new guidelines now cover combined household incomes up to $30,000 per month. For incomes exceeding $30,000, there is a new formula to calculate the presumptive amount.
- For Low-Income Obligors: The minimum amount a person must earn to be required to pay child support has been increased to a net income of $867 per month. If a parent earns less than this amount, they are not required to pay child support.
Divorce Lawyer R. Badet is an experienced attorney dedicated to assisting clients through all stages of the divorce and child support process. His practice covers a range of family law matters, including divorce, child support, spousal support, and child custody. With years of experience, he is highly respected in the legal community. For more information on your legal rights, visit www.lawyersfordivorces.net or call for a free consultation.