- Basic Obligations
- Both parents have a legal duty to support their minor children.
- Because child support is the child’s right, parents cannot negotiate it away. Any agreement to waive or eliminate child support is void as a matter of public policy (e.g., clauses in a prenuptial or postnuptial agreement stating one spouse will not pay child support are not valid).
- Generally, the non-custodial parent is obligated to pay child support as part of a divorce settlement.
- Each state enforces “child support guidelines” to calculate the amount due.
- Pennsylvania uses the “income shares” model, which reviews both parents’ incomes.
Calculating Child Support
Pennsylvania’s guidelines aim to balance the child’s needs with the payer’s ability to pay, taking into account net income and earnings. Courts typically assess:
- Each child’s age.
- Any unusual needs and obligations of the parents.
- Other support obligations the parents might have.
- The assets owned by both parties.
- Medical expenses not covered by insurance.
- The standard of living the family enjoyed before separation.
- The length of the marriage.
- The child’s best interests.
Note: Child support typically includes reasonable educational costs that reflect what the child requires and what the parents can afford. If a special-needs child must attend a specific private institution, for example, those expenses could factor into support.
Modifying a Child Support Order
To modify child support, there must be a material and substantial change in the circumstances of the parents or the child, such as:
- A remarriage that brings additional children to support.
- A significant increase in income.
- A serious illness that changes the family’s financial or caregiving needs.
- A child moving from one parent’s residence to the other.
Voluntarily reducing one’s income (for example, quitting a job without valid reason) does not lead to a reduction in support obligations. Also, even though there’s an assumption about the amount of parenting time by the non-custodial parent, substantial deviations may justify a change in the established amount. Child support and visitation rights are considered separately—failure to pay child support does not justify withholding visitation, and vice versa.
Termination of Child Support
A child support obligation usually ends when the child either turns 18 or graduates from high school, whichever comes later, unless the child is physically or mentally unable to support themselves. Support might also end early if the child is emancipated before turning 18, meaning they live independently and are financially self-supporting. Courts decide emancipation on a case-by-case basis.
- The Pennsylvania Supreme Court has ruled that a child cannot seek support from a deceased parent’s estate unless a settlement agreement says otherwise.
- Merely being pregnant or having a child does not, in itself, result in emancipation.
Enforcement of Child Support Orders
Courts have multiple enforcement tools for noncompliance, including:
- Income withholding (directly taken from the payer’s paycheck).
- Interception of tax refunds.
- Seizing property.
- Civil or criminal contempt orders (which can include fines or jail time).
Pennsylvania follows the Uniform Interstate Family Support Act, simplifying the enforcement of child support across state lines. An out-of-state child support order can be registered in Pennsylvania, making it enforceable here.
Tax Consequences of Child Support
- The paying parent cannot deduct child support from their taxable income, and the receiving parent does not report it as income.
- The custodial parent usually claims the child dependency exemption unless they waive it in writing.
- Any parent who covers medical expenses for the child can potentially deduct those expenses on their taxes.
Recent Changes in Pennsylvania Child Support
- High-income Obligors: Previously, the guidelines stopped at combined net household incomes of $20,000 per month. Now, the schedule applies up to $30,000, and a further formula suggests a presumptive amount for incomes above that.
- Low-income Obligors: The threshold for self-support is set at $867 net monthly income, meaning if a parent earns less than $867 net per month, they generally won’t be required to pay child support.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is highly experienced in all aspects of the divorce process, including complex and simple cases, spousal support, child support, and custody. As a knowledgeable attorney, he can pursue the best possible outcome for your situation. Visit www.lawyersfordivorces.net or call for a free consultation. He brings extensive litigation skills to both Family Law and Criminal Law matters, with many years of experience representing clients.
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