Child support in Pennsylvania ensures both parents contribute to the financial well-being of their minor children.
- Legal Obligation: Both parents are required by law to support their children.
- Child’s Right: Child support is a right of the child, and parents cannot waive or bargain it away through agreements such as prenuptial or postnuptial contracts.
- Non-Custodial Parent’s Role: Typically, the non-custodial parent pays child support as part of the divorce settlement.
- Guidelines: Pennsylvania uses specific “child support guidelines” based on the “income shares” model, which considers both parents’ incomes.
Calculating Child Support
Courts in Pennsylvania follow established guidelines to calculate child support. These guidelines consider:
- Ages of the children.
- Unusual needs or obligations of the parties.
- Support obligations to other dependents.
- Assets and medical expenses not covered by insurance.
- Standard of living during the marriage.
- Duration of the marriage.
- Best interests of the child.
Reasonable educational expenses, including private school tuition for special needs children, may also be included based on the child’s needs and parents’ financial capacity.
Modifying Child Support
Child support orders can be modified if there is a material and substantial change in circumstances, such as:
- Remarriage resulting in new financial obligations.
- Significant income changes.
- Serious illness.
- Changes in the child’s living arrangements.
Voluntary reduction of income by the obligor, such as quitting a job, does not justify reducing child support.
Termination of Child Support
Child support typically ends when the child turns 18 or graduates high school, whichever occurs later. Exceptions include:
- Children with physical or mental disabilities who cannot support themselves.
- Emancipated minors who demonstrate independence.
Enforcement of Child Support
Courts enforce child support through measures like:
- Income withholding.
- Intercepting tax refunds.
- Seizing property.
- Issuing civil or criminal contempt orders, which may include fines or jail time.
Pennsylvania follows the Uniform Interstate Family Support Act, simplifying the collection of inter-state child support by allowing registration and enforcement of out-of-state orders.
Tax Implications
- Child support payments are not deductible by the payer and are not taxable to the recipient.
- The custodial parent typically claims the child dependency exemption unless waived in writing.
- Medical expenses paid by a parent may be tax-deductible.
Recent Changes in Child Support
- High-Income Obligors: Updated guidelines now apply to combined net household incomes up to $30,000 per month. Formulas are available for incomes exceeding this amount.
- Low-Income Obligors: The self-support threshold has increased to $867 in net income per month. Those earning less than this are not required to pay child support.
About Divorce Lawyer R. Badet
R. Badet is an experienced divorce and child support attorney dedicated to guiding clients through the complexities of family law. His practice includes simple and complex divorces, spousal and child support, and custody matters. Known for his client-focused approach, R. Badet strives to achieve the best outcomes for his clients.
Visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation. Serving Philadelphia and surrounding counties, R. Badet is a highly respected litigation attorney with extensive experience in family and criminal law.
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