In Pennsylvania, both parents are legally required to support their minor children. Child support is considered a right of the child, meaning parents cannot waive or negotiate child support as part of agreements like prenuptial or postnuptial contracts. Child support obligations are separate from other divorce arrangements and are designed to ensure that the child’s needs are met.
Key Points About Child Support:
- Child Support is a Legal Obligation:
- Both parents must support their children financially, and any agreement to waive this responsibility is void against public policy.
- Typically, the non-custodial parent will be required to pay child support as part of the divorce settlement.
- Child Support Guidelines:
- Pennsylvania uses an “income shares” model to calculate child support. This method considers both parents’ incomes and their ability to support the child.
- The child support guidelines account for several factors, including the children’s ages, medical expenses, unusual needs, and the standard of living the child would have had if the parents were together.
Factors in Determining Child Support:
The courts consider multiple factors when calculating child support, including:
- Ages of the children: Older children may have higher support needs.
- Unusual needs and obligations: Special circumstances like disabilities may affect the amount.
- Support obligations of the parties: If either parent supports other children or family members.
- Assets of the parties: The financial resources available to the parents.
- Medical expenses not covered by insurance: Costs for health care outside standard coverage.
- Standard of living: The lifestyle the child was accustomed to before the separation.
- Duration of the marriage: The length of the parents’ relationship may influence the support determination.
- Best interests of the child: Ultimately, all decisions regarding child support aim to serve the best interests of the child.
Child Support Modifications:
Child support can be modified if there is a material and substantial change in circumstances, such as:
- The remarriage of a parent who now has additional children to support.
- An increase in either parent’s income.
- A significant change in the child’s needs, such as a medical emergency.
- A change in the living arrangement, such as the child moving from one parent’s home to another.
Note: Child support is not automatically reduced if the obligor voluntarily reduces their income (e.g., quitting a job).
Termination of Child Support:
Child support generally ends when the child turns 18 or graduates from high school, whichever occurs later. However, support may continue if the child is physically or mentally disabled and cannot support themselves. Child support may also be terminated if a child is emancipated before age 18, meaning the child is self-supporting and independent of parental control.
Emancipation is evaluated on a case-by-case basis and requires evidence of a child’s ability to support themselves.
Enforcement of Child Support:
The Pennsylvania court system has several enforcement tools, including:
- Income withholding: Direct deductions from the obligor’s paycheck.
- Interception of tax refunds: Tax refunds may be seized to cover unpaid support.
- Seizing property: In some cases, the obligor’s property may be seized to satisfy arrears.
- Contempt orders: Civil or criminal contempt can result in fines or jail time for failure to pay support.
Pennsylvania is part of the Uniform Interstate Family Support Act, which facilitates the enforcement of child support orders across state lines. A child support order from another jurisdiction can be registered in Pennsylvania for enforcement.
Tax Consequences of Child Support:
- The obligor (the parent paying support) cannot deduct child support payments from their taxable income.
- The recipient (the custodial parent) does not include child support payments in their gross income for tax purposes.
- The custodial parent may claim the child as a dependent unless the parents agree otherwise in writing.
- Payments made for medical expenses that are not covered by insurance may be deductible for the paying parent.
Recent Changes in Child Support:
- High-Income Obligor Support:
- Pennsylvania’s child support guidelines now apply to combined net incomes up to $30,000 per month (previously $20,000). For incomes exceeding $30,000, a presumptive amount is calculated using a formula.
- Low-Income Obligor Support:
- The minimum income level to be subject to child support obligations has been increased. If a parent’s net income is below $867 per month, they are not required to pay child support.
Divorce Lawyer R. Badet can assist with child support matters as well as divorce and custody issues. With years of experience, he provides legal support to help ensure that your child support and custody arrangements are fair and in the best interest of your children.
For more information or a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641.
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