In Pennsylvania, both parents are legally obligated to support their minor children. Child support is considered the inherent right of the child and cannot be waived or negotiated away by the parents—any attempt to do so, even within a prenuptial or postnuptial agreement, is rendered void by public policy. Typically, as part of a divorce settlement, the non-custodial parent is required to make child support payments. The state uses specific mathematical formulas, known as “child support guidelines,” to calculate the amount due. Pennsylvania follows the “income shares” model, which takes into account the earnings of both parents.
Calculating Child Support
Pennsylvania provides standard guidelines to determine the appropriate amount of child support. In making this calculation, courts consider the child’s reasonable needs alongside the paying parent’s ability to contribute. The primary focus is on the net incomes and earnings of both parties. Factors considered include:
- The ages of the children.
- Any unusual needs or obligations of either parent.
- Existing support responsibilities.
- The assets held by each party.
- Medical expenses that are not covered by insurance.
- The overall standard of living of the parties.
- The duration of the marriage.
- The best interests of the child.
Additionally, child support can cover reasonable educational expenses based on the child’s requirements. For example, if a child has special needs that necessitate attendance at a private school, those costs may be factored into the support calculation.
Modification of Child Support
To change an existing child support order, there must be a material and substantial change in circumstances affecting the child’s needs or the financial situation of the parents. Situations that may warrant a modification include:
- A parent’s remarriage that introduces additional financial responsibilities for new children.
- A significant increase in income by the paying parent.
- The onset of a serious illness.
- A change in the child’s primary residence from one parent to the other.
It is important to note that a decrease in income by choice—for instance, quitting a job—does not automatically justify a reduction in child support. While the guidelines assume a standard amount of parenting time with the non-custodial parent, any significant variations in this time allocation may provide grounds for a modification. However, issues related to child support and visitation are addressed separately; failure to pay child support cannot be used to restrict visitation rights.
Termination of Child Support
Child support obligations generally end when the child either turns 18 or graduates from high school—whichever occurs later—unless the child is physically or mentally unable to support themselves. In some cases, support may also end if the child is emancipated before reaching 18. Emancipation is determined on a case-by-case basis and requires proof that the child is self-sufficient and independent of parental control. For example, if a child is legally allowed to marry before the age of 18, emancipation may be presumed. The Pennsylvania Supreme Court has clarified that, barring a specific settlement agreement, a child cannot continue to claim support from a deceased parent’s estate. Moreover, simply becoming pregnant or giving birth does not automatically result in emancipation.
Enforcement of Child Support Orders
There are several mechanisms available to enforce child support awards in Pennsylvania. These include:
- Withholding income directly from the paying parent’s earnings.
- Intercepting tax refunds.
- Seizing property.
- Issuing civil or criminal contempt orders, which may include fines and even jail time for non-payment.
Additionally, Pennsylvania has adopted the Uniform Interstate Family Support Act, which facilitates the collection of child support across state lines. This process includes registering a child support order from another jurisdiction to make it enforceable within Pennsylvania.
Tax Consequences of Child Support
For tax purposes, the parent responsible for paying child support cannot deduct those payments, and the recipient does not need to report them as taxable income. Generally, the custodial parent is entitled to claim the child dependency exemption unless they have explicitly waived that right in writing. Furthermore, if a parent pays for the child’s medical expenses, those costs may be deductible.
Recent Changes
Recent updates to the guidelines have addressed both high-income and low-income obligors:
- High-Income Obligors: Previously, the child support guidelines applied only to households with combined net incomes up to $20,000 per month. The new guidelines extend this range to combined incomes of up to $30,000 per month, and for incomes above that threshold, a formula is provided to calculate a presumptive support amount.
- Low-Income Obligors: The minimum income threshold—known as the self-support amount—has been raised to $867 per month. Individuals earning less than this amount are not subject to child support obligations.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a seasoned attorney committed to guiding clients through every phase of the divorce process. His practice covers both straightforward and complex divorces, including issues of spousal support, child support, and child custody. Known for his extensive expertise and dedication, he works diligently to achieve the best possible outcomes for his clients. To learn more about your legal rights and available options, visit www.lawyersfordivorces.net or call for a free consultation.
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