In Pennsylvania, both parents are legally required to support their minor children. Child support is considered a right that belongs to the child, and parents cannot waive it, even if agreed upon in prenuptial or postnuptial agreements. Any such clause in an agreement stating a parent won’t pay child support is void and unenforceable.
How Child Support is Calculated
Pennsylvania uses the “income shares” approach to calculate child support. This method considers both parents’ incomes and their ability to provide for their child’s needs. The calculation is based on net incomes and may also factor in various other considerations.
Factors for calculating child support:
- Ages of the children
- Unusual needs and obligations of the parties
- Support obligations of the parties
- Assets of the parties
- Medical expenses not covered by insurance
- Standard of living enjoyed by the child before the divorce
- Duration of the marriage
- Best interests of the child
Support may also include reasonable education expenses, such as private school costs, depending on what is deemed necessary and reasonable based on the child’s needs and the parents’ ability to pay.
Modification of Child Support
A child support order may be modified if there is a material and substantial change in circumstances. Examples include:
- Remarriage of a parent with additional children to support
- Increase in income
- Serious illness or disability of the parent or child
- A change in the child’s living arrangements
Importantly, child support will not be reduced simply because a parent voluntarily reduces their income, such as quitting a job. Additionally, child support and visitation are separate issues, so failure to pay child support cannot justify withholding visitation.
Termination of Child Support
Child support usually ends when the child turns 18 or graduates from high school, whichever is later. However, if the child is physically or mentally disabled and incapable of self-support, the support obligation may continue. Emancipation can also end child support, but the child must be self-supporting and independent of parental control for emancipation to be granted.
The Pennsylvania Supreme Court has ruled that a child cannot claim support from a deceased parent’s estate unless specified in a settlement agreement. Also, pregnancy or having a child does not automatically lead to emancipation.
Enforcement of Child Support
Pennsylvania provides multiple enforcement methods for child support, including:
- Income withholding from the obligor’s paycheck
- Intercepting tax refunds
- Seizing property
- Contempt orders (fines or jail time for failure to comply)
The state follows the Uniform Interstate Family Support Act (UIFSA), which facilitates the collection of out-of-state child support orders through income withholding.
Tax Consequences of Child Support
- The obligor (the parent paying support) cannot deduct child support payments from their taxable income.
- The recipient (the parent receiving support) does not report child support as income.
- The custodial parent typically claims the child dependency exemption, unless a written agreement states otherwise.
Recent Changes in Child Support Guidelines
- High-income obligors: The new guidelines now apply to combined net incomes up to $30,000 per month (previously $20,000). For incomes above $30,000, a formula for calculating the presumptive child support amount is available.
- Low-income obligors: The minimum amount a person must earn to be subjected to child support obligations has increased. If the obligor’s net income is less than $867 per month, they may not be required to pay child support.
Child Support Lawyer R. Badet
R. Badet is a seasoned divorce and family law attorney with expertise in child support cases. Whether you’re facing child support disputes, modifications, or enforcement issues, his extensive knowledge of Pennsylvania’s family law can help navigate your situation.
For a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641 to discuss your case with an experienced child support lawyer.
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