Child Support in Pennsylvania:

In Pennsylvania, both parents are legally required to financially support their minor children. Child support is a right that belongs to the child and cannot be waived or modified by parental agreements (e.g., a prenuptial or postnuptial agreement stating that one parent won’t pay child support is void).

Key Points About Child Support:

  1. Both Parents’ Responsibility: Both parents are legally obligated to contribute to the financial well-being of their child.
  2. Child Support Guidelines: Pennsylvania follows specific child support guidelines, primarily using the “income shares” approach. This means the child support calculation takes into account the combined income of both parents.
  3. Standard Support: Typically, the non-custodial parent is required to pay support to the custodial parent, but this can be modified based on various factors.

Factors for Calculating Child Support:

When determining the amount of child support, courts in Pennsylvania consider:

  1. The ages of the children.
  2. Any unusual needs and obligations of either parent.
  3. The support obligations of each parent (e.g., support for other children or ex-spouses).
  4. Assets owned by each party.
  5. Medical expenses not covered by insurance.
  6. The standard of living the child would have had if the parents had stayed together.
  7. The duration of the marriage.
  8. The best interests of the child.

Educational Expenses: Child support can also include reasonable education costs. For instance, if a child has special needs that require attending a private or specialized school, those costs can be factored into the support calculation.

Modifying Child Support:

A child support order can be modified if there’s a material and substantial change in circumstances. Examples include:

  1. Remarriage of a parent, especially if it results in additional children to support.
  2. Increase in a parent’s income.
  3. A serious illness of a parent or the child.
  4. If the child moves from one parent’s home to the other.

A parent cannot reduce their child support obligation by voluntarily reducing their income (e.g., quitting a job). However, significant changes in time spent with the child can also be a basis for requesting a modification.

Termination of Child Support:

Child support usually ends when the child turns 18 or graduates from high school, whichever is later. However, the obligation continues if the child is physically or mentally disabled and unable to support themselves.

  • A child can be emancipated before age 18 if they become self-supporting and independent of parental control. This must be decided on a case-by-case basis by the court.
  • Pregnancy alone does not automatically lead to emancipation.

It’s also important to note that if a parent dies, the child cannot seek support from their deceased parent’s estate unless there was a specific agreement in place.

Enforcement of Child Support:

Courts have various methods to enforce child support orders, including:

  1. Income withholding.
  2. Tax refund interception.
  3. Seizing property.
  4. Civil or criminal contempt orders, which could lead to fines or jail time.

Pennsylvania also follows the Uniform Interstate Family Support Act (UIFSA) to make it easier to enforce child support orders across state lines.

Tax Implications of Child Support:

  1. Child support payments are not deductible for the paying parent, and they are not considered income for the receiving parent.
  2. The custodial parent generally claims the child dependency exemption, unless it is waived in writing.
  3. The parent who pays for medical expenses may be able to deduct those costs.

Recent Changes in Child Support Guidelines:

  1. High-Income Obligor: The guidelines now apply to households with a combined net income of up to $30,000 per month. For those earning more than $30,000, a formula exists to calculate the presumptive child support amount.
  2. Low-Income Obligor: The self-support amount has been raised to $867 net income per month. If a parent earns less than this amount, they are not required to pay child support.

Divorce Lawyer R. Badet:
If you’re facing child support issues during or after your divorce, R. Badet is an experienced family law attorney specializing in child support, divorce, and child custody matters. His practice includes both simple and complex family law cases, and he is committed to helping clients navigate the child support process and ensure that their rights are protected. For a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641.