In Pennsylvania, both parents are legally obligated to support their minor children. Child support is a right of the child, not the parents, and any agreement that seeks to waive this responsibility is void. Courts calculate child support according to established guidelines to ensure fairness and consistency in determining the amount of support required. Here are key details regarding child support in Pennsylvania:
Key Points about Child Support:
- Legal Obligation to Support: Both parents must contribute to the financial needs of their minor children.
- Right of the Child: Child support cannot be waived by agreement between the parents. Any prenuptial or postnuptial agreements attempting to avoid child support are void.
- Divorce Settlement: Typically, the non-custodial parent is required to pay child support as part of the divorce settlement.
- Income Shares Approach: Pennsylvania uses an “income shares” model, meaning both parents’ incomes are considered when calculating child support.
Calculating Child Support:
The child support guidelines in Pennsylvania focus on the parents’ net incomes and their ability to support the child. Several factors are taken into account when determining the amount of child support:
- Ages of the children: Older children may have different needs than younger children.
- Special needs or obligations: This could include a parent’s responsibility to support another family or any unique needs the children may have.
- Assets and income: The financial resources and earning capacity of both parents.
- Medical expenses: Out-of-pocket medical expenses not covered by insurance.
- Living standard: The lifestyle and living conditions of both parents.
- Duration of marriage: Longer marriages can have different considerations for support.
- Best interests of the child: The child’s welfare is always the priority.
Child support can also include reasonable education expenses, such as private schooling or special education needs if justified by the child’s requirements and the parents’ ability to pay.
Modification of Child Support:
A modification of child support is possible if there is a substantial change in circumstances, such as:
- Remarriage: A parent’s remarriage and the addition of children.
- Income changes: An increase or decrease in a parent’s income.
- Health issues: Serious illness affecting a parent or the child.
- Change of custody: If the child moves to live with the other parent.
Child support is not affected if a parent voluntarily reduces their income, such as quitting a job.
Termination of Child Support:
Child support generally ends when the child reaches 18 or graduates high school, whichever occurs later, unless the child has special needs or is incapable of self-support. Additionally, emancipation may terminate support, which is determined on a case-by-case basis.
Enforcement of Child Support Orders:
Pennsylvania has several methods for enforcing child support orders, including:
- Income withholding: Automatically deducting payments from the obligor’s paycheck.
- Tax refund interception: Seizing tax refunds to pay support.
- Seizing property: The court may seize assets if payments are not made.
- Contempt orders: A parent may be held in contempt for failure to pay child support, which could lead to fines or jail time.
Tax Consequences of Child Support:
- No tax deductions: The parent paying child support cannot deduct payments, and the parent receiving child support does not have to report it as income.
- Child dependency exemption: The custodial parent is entitled to claim the child as a dependent unless they waive this right.
- Medical expenses: The parent who pays for uninsured medical expenses may be able to deduct those costs.
Recent Changes in Child Support:
- High-income obligors: The guidelines now apply to families with combined net incomes up to $30,000/month, with specific formulas for higher incomes.
- Low-income obligors: If a parent’s net income is less than $867/month, they may not be obligated to pay child support.
Legal Support for Child Support Cases:
Divorce Lawyer R. Badet is an experienced attorney who can assist with navigating the child support process, whether you’re seeking to modify support, enforce an order, or are facing challenges regarding support obligations. He also specializes in divorce and family law matters, including custody and spousal support.
To learn more about your rights and legal options, or for a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641. Whether you’re in Philadelphia, Delaware County, Bucks County, or Montgomery County, Divorce Lawyer R. Badet can provide the expert guidance you need.
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