Child support in Pennsylvania is a legal obligation that both parents must fulfill to support their minor children. It is not negotiable between parents, and any agreement attempting to waive or modify child support is void as it contradicts public policy.
Key Points About Child Support:
- Legal Requirement: Both parents are legally required to support their minor children. Child support is not a negotiable matter and belongs to the child.
- Divorce Settlement and Child Support: In most cases, the non-custodial parent is responsible for paying child support, which is part of the divorce settlement.
- Child Support Guidelines: Pennsylvania uses the income shares approach, which calculates child support based on both parents’ combined incomes. The state’s guidelines ensure that support is reasonable, taking into account the parents’ financial situations and the child’s needs.
Factors Used to Calculate Child Support:
The court considers several factors when calculating child support, including:
- Ages of the children: Older children may have different needs than younger children.
- Unusual needs of the parties: Any special circumstances like medical conditions or special education requirements.
- Support obligations: Existing obligations that either parent may have for other children or family members.
- Assets of the parties: The financial resources each parent has, including real estate and investments.
- Medical expenses: Any medical costs not covered by insurance.
- Standard of living: What the child was accustomed to during the marriage.
- Duration of the marriage: How long the parents were married may impact financial stability and support.
- Best interests of the child: This is always the primary consideration in child support decisions.
Education Expenses:
Child support may also include reasonable educational expenses, such as private school tuition, especially if special needs or the child’s best interests are involved.
Modification of Child Support:
Child support can be modified if there is a material and substantial change in circumstances, such as:
- Remarriage of a parent or changes in the number of children to support.
- Increase in income of either parent.
- Health changes affecting the child or parents.
- Change in living arrangements, like the child moving from one parent’s home to the other.
Notably, voluntary reductions in income by the paying parent (e.g., quitting a job) will not lead to a reduction in child support.
Termination of Child Support:
Child support obligations generally end when:
- The child turns 18 or graduates from high school (whichever is later).
- The child is emancipated, meaning they are self-supporting and no longer dependent on the parents (this decision is made case-by-case).
- If the child is physically or mentally disabled and incapable of self-support, the obligation may continue.
Note: Emancipation is not automatically granted based on pregnancy or childbirth alone. A child must prove that they are self-supporting and independent.
Enforcement of Child Support:
If a parent fails to pay child support, Pennsylvania has several enforcement mechanisms, including:
- Income withholding: Direct deductions from the parent’s paycheck.
- Tax refund interception: Seizing tax refunds to pay for child support.
- Seizing property: In cases of non-payment.
- Contempt of court: This can result in fines or jail time for failure to comply with child support orders.
Pennsylvania has adopted the Uniform Interstate Family Support Act (UIFSA), which allows for the collection of child support across state lines, making it easier to enforce orders from other states.
Tax Consequences of Child Support:
- Child support payments are not deductible for the paying parent and are not taxable income for the receiving parent.
- The custodial parent (the parent the child lives with most of the time) can claim the child for the dependency exemption, unless they have agreed otherwise in writing.
- Medical expenses paid by a parent for the child may be deducted.
Recent Changes:
- High-Income Obligor Changes: Pennsylvania now has guidelines for parents with combined net household incomes over $30,000 per month. These higher-income cases use a formula to determine child support.
- Low-Income Obligor Changes: The self-support amount has increased to $867 net income per month. Parents earning below this threshold will not be required to pay child support.
Contact Divorce Lawyer R. Badet:
R. Badet is a skilled divorce and family law attorney in Philadelphia. He has significant experience in child support, divorce settlements, custody issues, and other family law matters. Attorney R. Badet provides personalized legal guidance and will help you navigate the complexities of child support laws.
For more information or to schedule a free consultation, call 267-277-2641 or visit www.lawyersfordivorces.net. Attorney R. Badet has earned a reputation for providing effective legal representation and achieving the best possible outcomes for his clients.
Keywords for Finding Child Support and Divorce Lawyers:
- Divorce lawyers nearby
- Best child support attorney near me
- Affordable family lawyer
- Divorce and family law attorney
- Child support modification lawyer
- Low-income divorce lawyers near me
- Top-rated divorce attorneys
- Experienced family lawyer