Child Support in Pennsylvania

Both parents in Pennsylvania are legally obligated to provide financial support for their minor children. Child support is considered a right of the child, meaning parents cannot waive or negotiate away this responsibility in a prenuptial or postnuptial agreement.

Typically, the non-custodial parent is responsible for making child support payments as part of the divorce settlement. The state uses specific child support guidelines to determine the amount, based on the “income shares” model, which considers both parents’ earnings.

How Child Support Is Calculated

Pennsylvania courts follow established child support guidelines to determine payments, considering both the child’s needs and the obligor’s ability to pay. The calculation primarily relies on the net income of both parents.

Factors Considered in Child Support Determination

Child’s age
Special needs or financial obligations of parents
Existing support obligations for other dependents
Parental assets
Medical expenses not covered by insurance
Standard of living before divorce
Length of the marriage
Best interests of the child

Note: Child support may include education expenses if deemed reasonable. For example, if a child has special needs requiring private schooling, those costs may be factored into child support payments.

Modifying a Child Support Order

A modification in child support requires a substantial and material change in circumstances, such as:

A parent remarrying and assuming financial responsibility for additional children.
A significant increase or decrease in income.
A serious illness affecting the financial stability of a parent.
A change in custody arrangements where the child moves from one parent’s home to the other.

However, a parent cannot reduce child support obligations by voluntarily quitting a job or taking a lower-paying job. Courts assume a certain amount of time the child spends with the non-custodial parent, and major deviations may justify an adjustment in support payments.

Additionally, child support and visitation are treated separately, meaning failure to pay child support does not give the custodial parent the right to deny visitation.

When Does Child Support End?

Child support obligations generally end when the child turns 18 or graduates from high school, whichever comes later. However, support may continue in cases where the child is physically or mentally disabled and incapable of self-support.

Support may also terminate early if the child is legally emancipated, which requires court approval and evidence that the child is financially independent. Marriage before 18 can also lead to automatic emancipation under Pennsylvania law.

Key Considerations:

A child cannot seek continued support from a deceased parent’s estate unless a written agreement states otherwise.
Pregnancy alone does not constitute emancipation.

Enforcing Child Support Orders

If a parent fails to pay child support, courts have several enforcement options, including:

Wage garnishment (automatic deduction from income).
Tax refund interception (using federal or state tax refunds to cover unpaid support).
Property seizure (liens on assets or bank accounts).
Contempt of court (leading to fines or even jail time for non-payment).

Pennsylvania follows the Uniform Interstate Family Support Act (UIFSA), which simplifies enforcement of child support across state lines. If a support order was issued in another state, it can be registered in Pennsylvania for enforcement.

Tax Implications of Child Support

Child support payments are not tax-deductible for the paying parent.
The receiving parent does not report child support as income.
The custodial parent automatically claims the child as a dependent unless they waive the exemption in writing.
A parent who pays medical expenses for the child may deduct them from their taxes.

Recent Changes in Child Support Laws

For High-Income Parents:

The child support guideline schedule now applies to combined net incomes up to $30,000 per month (previously capped at $20,000).
For incomes exceeding $30,000 per month, a formula determines a presumptive support amount.

For Low-Income Parents:

The minimum income threshold required for child support obligation increased to $867 per month.
Parents earning below $867 per month are generally not required to pay child support.

Experienced Child Support Lawyer in Philadelphia

Attorney R. Badet is a skilled family law attorney experienced in handling child support, divorce, spousal support, and child custody cases. With extensive knowledge of Pennsylvania child support laws, he helps clients achieve fair and just support agreements tailored to their unique circumstances.

For legal assistance, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation today.