Under Pennsylvania law, both parents are obligated to provide financial support for their minor children. Child support is considered a right of the child and cannot be waived or negotiated away in any marital agreement—any provision attempting to do so is void against public policy. Typically, as part of a divorce settlement, the non-custodial parent is required to pay child support. The state employs specific mathematical formulas, known as child support guidelines, and uses the “income shares” method to consider both parents’ earnings when calculating the support amount.
Calculating Child Support
Pennsylvania’s standard guidelines focus on the net incomes of the parties while considering the child’s reasonable needs and the obligor’s ability to pay. Courts factor in several key elements, including:
- Child’s Age: The stage of development may affect support needs.
- Unusual Needs and Obligations: Any special circumstances that require additional resources.
- Existing Support Obligations: Other financial responsibilities either parent may have.
- Assets: The overall financial resources available to each party.
- Medical Expenses: Out-of-pocket costs for healthcare not covered by insurance.
- Standard of Living: The lifestyle maintained during the marriage.
- Duration of the Marriage: Longer marriages may affect the support calculation.
- Best Interests of the Child: The child’s overall welfare remains the primary concern.
Additionally, reasonable education expenses—such as private school tuition—can be included if they align with the child’s needs and what is feasibly expected from the parents.
Modification of Child Support
A child support order may be modified if there is a significant and ongoing change in circumstances affecting either the child’s needs or the financial situation of the parents. Situations that might justify a modification include:
- A parent’s remarriage, particularly if new dependents are involved.
- An increase in a parent’s income.
- A serious illness affecting a parent.
- A change in the child’s living arrangements between parents.
It is important to note that a reduction in child support is not permitted merely because a parent voluntarily decreases their income (for example, by quitting a job). Although the guidelines assume a set amount of time with the non-custodial parent, any significant deviation from this schedule may also serve as grounds for modification. However, issues regarding child support and visitation are treated as separate matters, meaning that failure to pay child support cannot justify denying visitation rights.
Termination of Child Support
Child support obligations typically conclude when the child reaches 18 years of age or graduates from high school—whichever event occurs later. However, if a child is physically or mentally disabled and unable to support themselves, the obligation may continue. In cases where the child is emancipated before turning 18—by demonstrating financial independence or through marriage—the court will review the circumstances on an individual basis. Additionally, the Pennsylvania Supreme Court has determined that a child generally cannot claim support from a deceased parent’s estate unless there is a settlement agreement stating otherwise. Simply being pregnant or having a child is not, by itself, sufficient for emancipation.
Enforcement of Child Support Orders
Pennsylvania courts have several mechanisms to enforce child support orders, including:
- Income Withholding: Directly deducting support payments from the obligor’s paycheck.
- Tax Refund Interception: Seizing tax refunds to cover unpaid support.
- Property Seizure: Taking assets to satisfy arrears.
- Contempt Proceedings: Issuing civil or criminal contempt orders that may involve fines or incarceration for nonpayment.
The state has also adopted the Uniform Interstate Family Support Act, which facilitates the collection of child support across state lines. This includes registering orders from other jurisdictions to ensure they can be enforced in Pennsylvania.
Tax Consequences of Child Support
For tax purposes, the parent who pays child support cannot deduct these payments, and the receiving parent is not required to include them as taxable income. The custodial parent is generally eligible to claim the child dependency exemption unless they choose to waive it in writing. Additionally, if a parent incurs medical expenses for the child, those costs may be tax deductible.
Recent Changes
- High-Income Obligors: Previously, the child support guidelines applied to combined net household incomes up to $20,000 per month. The new guidelines extend this threshold to $30,000 per month, and for incomes above this level, a specific formula is used to calculate a presumptive amount.
- Low-Income Obligors: The minimum net income required to be subject to child support obligations—the self-support amount—has increased to $867 per month. Parents earning below this threshold are not required to pay child support.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a seasoned attorney dedicated to guiding clients through every phase of the divorce process, including complex matters such as spousal support, child support, and child custody. With extensive experience in family law, he works diligently to secure the best possible outcomes for his clients. For further information on your legal rights and options, please visit www.lawyersfordivorces.net or call for a free consultation.
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