Child Support in Pennsylvania:

  1. Both parents are legally obligated to support their minor children.
  2. Child support is the child’s right, and parents cannot waive it through agreements. Any such agreement, like in prenuptial or postnuptial contracts, stating that one spouse will not pay child support, is void.
  3. Typically, in a divorce settlement, the non-custodial parent must pay child support.
  4. States have specific formulas, called “child support guidelines,” to calculate support.
  5. Pennsylvania uses the “income shares” model, considering both parents’ incomes to determine child support.

Calculating Child Support:

Pennsylvania follows standard guidelines to determine child support amounts, considering both the child’s needs and the payer’s ability to pay. These guidelines are based on the parties’ net incomes and other earnings.

Factors Courts Use to Calculate Child Support:

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

Note: Child support includes reasonable educational expenses based on the child’s needs and what can be reasonably expected from the parents. For instance, if private school is necessary for a child with special needs, it may be included in the child support calculation.

Modification of Support:

A child support order can only be modified if there is a substantial change in circumstances, such as:

  1. A parent remarries and has more children to support.
  2. An increase in income.
  3. A serious illness.
  4. The child moving between parents’ homes.

Support is not reduced simply because the obligor voluntarily lowers their income, such as quitting a job.

While child support calculations assume a certain amount of time spent with the non-custodial parent, significant deviations may prompt a modification request. However, child support and visitation are separate; failing to pay child support cannot be used as a reason to withhold visitation.

Termination of Child Support:

Child support generally ends when the child turns 18 or graduates from high school, whichever comes later, unless the child is disabled and unable to support themselves. It may also terminate if a child is emancipated before 18. Emancipation occurs if a child becomes self-supporting and independent of parental control. This decision is made on a case-by-case basis by the court. A child cannot continue seeking support from a deceased parent’s estate unless specified in a settlement agreement.

Pregnancy or having a child does not automatically lead to emancipation.

Enforcement of Child Support Orders:

Several methods are available to enforce child support orders, including:

  1. Income withholding.
  2. Interception of tax refunds.
  3. Property seizure.
  4. Civil and criminal contempt orders, which may involve fines or jail time.

Pennsylvania has adopted the Uniform Interstate Family Support Act to simplify the collection of out-of-state child support through income withholding. There is also a process for registering child support orders from other states to ensure they are enforceable in Pennsylvania.

Tax Implications of Child Support:

  1. The person paying child support cannot deduct the payments, and the recipient does not have to report them as income.
  2. The custodial parent typically claims the child as a dependent unless they waive this right in writing.
  3. The parent paying for medical expenses can deduct those costs.

Recent Changes:

  • For high-income obligors: Previously, the guidelines applied to combined household incomes up to $20,000 per month, but the new schedule applies to incomes up to $30,000. For incomes above that, a formula is used to determine the presumptive amount.
  • For low-income obligors: The minimum amount a party must earn to be subject to child support has been raised to $867 net income per month. If the income is less than that, no child support obligation applies.

Divorce Lawyer R. Badet is an experienced attorney who assists clients at every stage of divorce, child support, and child custody cases. With expertise in handling both simple and complex matters, he ensures that clients receive the best possible legal outcome. For more information or a free consultation, visit his website or call 267-277-2641. R. Badet is a respected attorney with years of experience in family law and litigation.