In Pennsylvania, both parents are legally obligated to support their minor children, and child support is a right of the child, not something that can be bargained away. Any agreement attempting to waive child support is considered void as it goes against public policy.
Key Points about Child Support:
- Obligation to Support: Both parents must support their children, even in cases of divorce.
- Child Support is Non-Negotiable: Parents cannot agree to waive child support in prenuptial or postnuptial agreements.
- Typically Paid by Non-Custodial Parent: In most divorce cases, the non-custodial parent will pay child support.
- Child Support Guidelines: Pennsylvania uses the income shares model for calculating child support, which considers both parents’ incomes.
Calculating Child Support in Pennsylvania:
The Pennsylvania Child Support Guidelines provide a formula to determine child support based on both parents’ net incomes, the children’s needs, and other factors. The guidelines take into account:
- The Ages of the Children: Older children may require more support.
- Unusual Needs and Obligations: Any special needs or extraordinary expenses incurred by the parents or child.
- Support Obligations of Both Parents: Includes any existing support obligations.
- Assets of the Parties: Both parties’ financial resources.
- Medical Expenses: Costs not covered by insurance.
- Standard of Living: The lifestyle the child is accustomed to.
- Duration of the Marriage: Length of the marriage may influence the amount of support.
- Best Interests of the Child: Ensuring the child’s well-being and stability is prioritized.
Educational Expenses: Reasonable educational costs, such as private school tuition or special needs schools, can be part of the support obligations if it is deemed appropriate given the parents’ ability to pay and the child’s needs.
Modifying Child Support:
Child support may be modified if there is a substantial change in circumstances, such as:
- Remarriage of a Parent: A parent now has additional children to support.
- Increase in Income: If either parent’s financial situation improves.
- Serious Illness: A significant health issue affecting a parent or child.
- Change in Custody: The child moves between parents’ homes.
Importantly, child support will not be reduced simply because a parent voluntarily reduces their income (e.g., quitting a job). Additionally, child support and visitation are separate matters—non-payment of child support cannot be used to deny visitation.
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 cannot support themselves, the obligation can continue.
A child can also be emancipated before turning 18, meaning they are financially independent of their parents. Emancipation decisions are made on a case-by-case basis.
Important Note: A child may not seek support from a deceased parent’s estate unless an agreement has been made to that effect.
Enforcement of Child Support:
Pennsylvania provides various ways to enforce child support payments:
- Income Withholding: A portion of the obligor’s wages may be automatically withheld for child support.
- Interception of Tax Refunds: Tax refunds can be seized to cover unpaid child support.
- Property Seizure: The court may order the seizure of property to satisfy the child support debt.
- Contempt Orders: A parent may be held in contempt of court and face fines or jail time for failure to pay child support.
Pennsylvania follows the Uniform Interstate Family Support Act to make sure that child support orders can be enforced across state lines.
Tax Consequences of Child Support:
- The obligor cannot deduct child support payments from their taxes.
- The recipient does not need to report child support payments as income.
- The custodial parent is eligible to claim the child dependency exemption, unless waived in writing by the other parent.
- The parent who covers medical expenses may deduct them on their taxes.
Recent Changes in Child Support:
- High-Income Obligor Guidelines: The guidelines now apply to combined net household incomes up to $30,000 per month, with a formula for high-income earners. Previously, the guidelines only applied up to $20,000.
- Low-Income Obligor Guidelines: If a parent’s net income is below $867 per month, they may not be required to pay child support.
Divorce Lawyer R. Badet:
R. Badet is an experienced family law attorney who can help you navigate the complexities of divorce, child support, and custody matters. With years of experience in both family and criminal law, he is dedicated to helping his clients secure the best possible outcomes. Contact his office at 267-277-2641 for a free consultation, or visit www.lawyersfordivorces.net to learn more about your legal rights.
For anyone looking for experienced and knowledgeable legal assistance with family law matters such as child support, child custody, and divorce, Divorce Lawyer R. Badet is here to help.
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