Child support is a fundamental obligation for both parents in Pennsylvania, and it is treated as a right of the child, which means parents cannot waive or bargain it away. The amount and duration of child support are governed by strict guidelines designed to ensure that the child’s needs are met in a fair and equitable manner, regardless of the parents’ financial situation.
Key Aspects of Child Support in Pennsylvania:
- Both Parents Are Responsible: Both parents have a legal obligation to support their minor children financially. Child support is not something that can be negotiated or waived in a divorce agreement. Any agreement attempting to bypass child support is void under Pennsylvania law.
- Child Support as a Right: Child support is for the benefit of the child, not the parents. Therefore, even if parents agree to avoid child support obligations in their divorce or postnuptial agreements, those provisions are legally unenforceable.
- Child Support Guidelines: Pennsylvania uses an income shares model for calculating child support, which considers the incomes of both parents, as well as their financial responsibilities to the child. The guidelines are aimed at ensuring that the child’s needs are met while being fair to both parents.
- Factors in Calculating Child Support: Several factors are considered when calculating child support, including:
- The ages of the children.
- Unusual needs and obligations (e.g., special medical needs).
- Assets and incomes of both parties.
- Medical expenses not covered by insurance.
- The standard of living the child would have enjoyed had the parents remained together.
- The duration of the marriage and the best interests of the child.
- Modification of Child Support: Child support orders can be modified if there is a substantial change in circumstances. Some common scenarios where modifications may occur include:
- A change in income of either parent.
- A parent’s remarriage or having additional children.
- The child’s move to live with the other parent.
- Serious illness or a significant change in a parent’s ability to work.
- Termination of Child Support: Child support obligations typically end when the child turns 18 or graduates from high school, whichever is later. However, if the child is disabled and unable to support themselves, support may continue beyond this point. Child support may also end if a child becomes emancipated, meaning they are living independently and supporting themselves.
- Enforcement of Child Support: Pennsylvania uses various methods to ensure child support is paid, including:
- Income withholding directly from the obligor’s paycheck.
- Intercepting tax refunds to cover unpaid support.
- Seizing property or assets.
- Civil and criminal contempt orders, including possible jail time and fines for failing to pay child support.
- Interstate Enforcement: The Uniform Interstate Family Support Act (UIFSA) allows Pennsylvania courts to collect child support from parents living in other states. This ensures that support payments are still enforceable even if the obligor moves across state lines.
- Tax Implications of Child Support:
- Child support payments are not tax-deductible for the paying parent, nor are they included as taxable income for the recipient parent.
- The custodial parent (the parent with whom the child spends the most time) typically claims the child as a dependent on their tax return, unless otherwise agreed upon in writing.
- Parents can also deduct medical expenses related to the child if they are responsible for paying these out-of-pocket.
Recent Changes in Child Support Law:
- High-Income Obligors:
Previously, Pennsylvania’s child support guidelines only applied to combined net household incomes up to $20,000 per month. The new guidelines apply to incomes up to $30,000 per month. For incomes above this threshold, there are formulas available to calculate child support, ensuring that high-income parents also contribute fairly to the child’s support. - Low-Income Obligors:
The self-support reserve (the minimum income a parent must earn before being required to pay child support) has been raised to $867 net income per month. This means that parents earning less than $867 per month are typically exempt from paying child support.
Why Hire a Child Support Lawyer?
Navigating the intricacies of child support laws and ensuring that a fair and accurate amount of support is determined can be complex. A skilled family law attorney, such as R. Badet, can help you understand your rights and obligations regarding child support. Attorney R. Badet offers personalized legal services, including child support calculations, modifications, and enforcement in the Philadelphia and surrounding counties.
Contact Divorce Lawyer R. Badet for a consultation if you need assistance with:
- Child Support Calculations
- Child Support Modifications
- Enforcement of Child Support Orders
For more information or to schedule a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641. R. Badet is an experienced attorney who handles both divorce and child support cases, helping clients get the best possible outcome.
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