Child Support in Pennsylvania

1. Obligation to Support
   • Both parents are responsible for providing financial support to their minor children.
   • Child support is a right of the child and cannot be waived or negotiated away by the parents. Any agreement that attempts to eliminate a parent’s duty to pay child support is considered invalid under public policy.
2. General Rules
   • Typically, the non-custodial parent will be required to make child support payments as part of a divorce settlement.
   • Pennsylvania uses established child support guidelines that apply the “income shares” model, examining each parent’s income to determine the appropriate amount.
3. Guidelines and Factors
   • When determining child support, courts look at the child’s reasonable needs and the paying parent’s ability to pay.
   • Standard guidelines focus on each parent’s net income, but other considerations can include:
     1. The children’s ages
     2. Any unusual needs or financial obligations
     3. Other support obligations
     4. Parents’ assets
     5. Medical costs not covered by insurance
     6. The parties’ standard of living
     7. The length of the marriage
     8. The child’s best interests
   • The cost of education, such as private school, can be factored into child support if it is determined to be necessary and feasible given the parents’ financial circumstances.
4. Modification of Child Support
   • A court may modify an existing support order if there has been a substantial, material change in circumstances affecting either the child’s needs or the parents’ financial situations. Examples include:
     1. Remarriage of a parent who now has additional dependents
     2. A significant increase in income
     3. Major health issues
     4. The child moving from one household to the other
   • Voluntarily reducing income (such as quitting a job) does not usually justify decreasing support.
   • Although courts consider parenting time when calculating child support, visitation and support obligations are kept separate. Non-payment of support does not grant the custodial parent the right to deny visitation.
5. Termination of Child Support
   • Child support typically ends when a child turns 18 or finishes high school, whichever is later, unless the child cannot support themselves due to physical or mental disability.
   • Support may also end if a court deems the child emancipated before 18 (meaning the child is financially independent and not under parental control).
   • If a parent dies, the child generally cannot seek support from the deceased parent’s estate unless a settlement agreement states otherwise.
   • Pregnancy alone does not establish emancipation.
6. Enforcement Methods
   • Courts have several ways to enforce child support, including:
     1. Wage garnishment
     2. Intercepting tax refunds
     3. Seizing assets
     4. Civil or criminal contempt orders, which may involve fines or jail time
   • Pennsylvania follows the Uniform Interstate Family Support Act, streamlining support enforcement across state lines through procedures such as registering out-of-state support orders.
7. Tax Implications
   • The paying parent cannot deduct child support payments on their taxes, nor does the recipient report them as income.
   • The custodial parent typically claims the child as a dependent for tax purposes, unless that right is waived in writing.
   • Any parent covering a child’s medical costs may generally deduct those expenses on their tax return.
8. Recent Updates
   • Higher-Income Cases: Child support guidelines now apply to combined net household incomes up to $30,000 per month (formerly $20,000). Above $30,000, a formula calculates a presumptive support amount.
   • Lower-Income Cases: The self-support reserve has increased to a net income of $867 per month. Individuals earning less than this typically are not obligated to pay child support.

About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience guiding clients through all phases of the divorce process, including spousal support, child support, and child custody. With a thorough understanding of family law, he aims to secure the most favorable results for every client. To learn more about your legal rights and options, visit www.lawyersfordivorces.net or call for a free consultation. He is a trusted attorney with many years of litigation experience, representing clients in both Family Law and Criminal Law matters.

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