Child Support in Pennsylvania

In Pennsylvania, both parents are legally obligated to support their minor children, and child support is a right that belongs to the child. The support cannot be waived or bargained away by the parents in prenuptial or postnuptial agreements. Courts determine child support through the application of state guidelines and the specific financial circumstances of the parents.

Key Aspects of Child Support:

  1. Child Support as a Right
    Child support is a right of the child, meaning parents cannot legally agree to forgo it in divorce settlements or other agreements. Any such provision in a contract or agreement would be considered void and unenforceable.
  2. Income Shares Approach
    Pennsylvania uses an “income shares” model to determine child support, which considers both parents’ incomes. The court will calculate how much both parents should contribute to meet the reasonable needs of their child based on their ability to pay.

Factors Affecting Child Support Calculation:

Several factors help determine the amount of child support owed. These include:

  • Age of the Children: Younger children may have different needs than older children.
  • Special Needs: If the child has any specific medical or educational needs, these will be considered.
  • Assets and Income of Both Parents: The financial situation of both parents is assessed, including income, assets, and financial obligations.
  • Medical Expenses: Medical costs not covered by insurance, such as out-of-pocket costs for doctor visits or medications, are included in support calculations.
  • Standard of Living: The court will take into account the standard of living the child would have enjoyed had the parents remained together.
  • Duration of Marriage: How long the parents were married can influence the support amount, especially if there is significant disparity in income between the parents.
  • Best Interests of the Child: Ultimately, child support decisions are guided by what is in the best interest of the child.

Modifications of Child Support:

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

  • A parent remarries and has more children to support.
  • A parent experiences a significant increase in income.
  • A serious illness or change in health status of a parent or child.
  • The child moves from one parent’s home to another.

The court will not reduce child support simply because the paying parent voluntarily reduces their income (e.g., quitting a job or working fewer hours). Modifications may also be sought if the time-sharing arrangement changes significantly.

Termination of Child Support:

Child support obligations generally end when:

  • The child turns 18 or graduates from high school (whichever is later).
  • If the child is physically or mentally disabled and unable to support themselves, the obligation may continue.
  • If the child is emancipated, which means they are financially independent and not under parental control, support can be terminated.

Enforcement of Child Support:

Pennsylvania has several enforcement mechanisms in place for parents who fail to pay child support, including:

  • Income Withholding: Direct deductions from the paying parent’s wages.
  • Tax Refund Interception: Seizing tax refunds to cover unpaid child support.
  • Property Seizure: The court can seize assets to pay outstanding child support.
  • Contempt Orders: Civil and criminal contempt charges may be filed, leading to fines and even jail time for willful non-payment.

Pennsylvania also adheres to the Uniform Interstate Family Support Act (UIFSA), which facilitates the enforcement of child support across state lines, allowing a Pennsylvania court to enforce child support orders from other states.

Tax Implications:

  • The parent who pays child support cannot deduct payments from their taxes.
  • The parent receiving child support does not report it as income.
  • The custodial parent generally claims the child for tax purposes unless the parties agree otherwise.

Recent Changes to Child Support Guidelines:

  • High-income obligors: Pennsylvania’s child support guidelines were expanded to accommodate combined net incomes up to $30,000 per month (previously $20,000). For incomes above this threshold, a formula is used to calculate child support.
  • Low-income obligors: The self-support reserve has been raised to $867 in net income per month. Parents earning less than this amount may not be required to pay child support.

Divorce Lawyer R. Badet

R. Badet is an experienced divorce and child support lawyer serving clients in Philadelphia, Delaware County, Bucks County, and Montgomery County. He is dedicated to helping his clients navigate complex child support matters, whether you’re seeking to establish, modify, or enforce a child support order. His legal expertise ensures the best possible outcome for clients dealing with family law issues, including divorce and custody.

For assistance with child support matters, you can contact R. Badet for a free consultation at 267-277-2641 or visit his website at www.lawyersfordivorces.net.

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