In Pennsylvania, both parents have a legal obligation to support their minor children. Child support is a right that belongs to the child, meaning it cannot be waived or bargained away in prenuptial or postnuptial agreements. Any such attempt to circumvent child support obligations is void and against public policy.
Key Points About Child Support:
- Parental Obligation: Both parents are required by law to support their children, and the non-custodial parent is generally required to pay child support.
- Child Support Guidelines: Pennsylvania follows a set of guidelines for calculating child support. These guidelines use the “income shares” model, which considers both parents’ incomes and the child’s needs to calculate support.
Calculating Child Support:
The court uses standard guidelines to calculate the amount of child support. This includes considering both parents’ net incomes and various other factors, such as:
- The ages of the children.
- Any unusual needs or obligations of the parents.
- The assets of the parties.
- Medical expenses not covered by insurance.
- The standard of living of the parties.
- The duration of the marriage.
- The best interests of the child.
Child support also includes educational expenses, which can be adjusted based on the child’s needs. For example, private school tuition may be considered if it is deemed reasonable.
Modification of Child Support:
A modification of a child support order can be requested if there is a material and substantial change in circumstances. Examples include:
- A parent’s remarriage and the need to support additional children.
- An increase in income for either parent.
- A serious illness.
- A child moving from one parent’s home to the other.
The non-custodial parent’s voluntary reduction in income (such as quitting a job) is not a valid reason to lower child support.
Termination of Child Support:
Child support typically ends when the child turns 18 or graduates from high school, whichever is later. However, if the child is physically or mentally disabled and unable to support themselves, the obligation may continue. Support can also end if the child is emancipated, which means the child is self-supporting and independent from parental control.
Enforcement of Child Support:
Several enforcement methods are available to ensure payment of child support, including:
- Income withholding.
- Intercepting tax refunds.
- Seizing property.
- Civil or criminal contempt orders, including fines or jail time.
Additionally, Pennsylvania has adopted the Uniform Interstate Family Support Act to streamline the enforcement of child support across state lines.
Tax Consequences of Child Support:
- The paying parent cannot deduct child support payments from their taxes.
- The receiving parent does not need to include child support payments as taxable income.
- The custodial parent can claim the child as a dependent unless the parents agree otherwise in writing.
- The paying parent may be able to deduct medical expenses if they are responsible for them.
Recent Changes:
- High-Income Obligors: The guidelines now apply to combined net household incomes up to $30,000 per month. There are specific formulas to determine child support for incomes above that threshold.
- Low-Income Obligors: The minimum income threshold for a parent to be required to pay child support has been increased to $867 net income per month.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is an experienced divorce and child support attorney dedicated to helping clients navigate the complexities of family law matters. Whether you need assistance with child support calculations, custody issues, or divorce settlements, Attorney R. Badet offers knowledgeable legal counsel to help you achieve the best outcome.
If you are in Philadelphia, Bucks County, Delaware County, or Montgomery County, schedule a free consultation with Attorney R. Badet at 267-277-2641 or visit his website: www.lawyersfordivorces.net. His extensive experience in family law ensures that your case will be handled with care and precision.
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