How Child Support Is Determined
Pennsylvania employs standardized guidelines and relies on an “income shares” model, which factors in the net incomes of both parents to approximate what the child would have received if the parents were still living together. Courts also look at the child’s reasonable needs alongside the obligor’s ability to pay.
Common Considerations
- Ages of the children
- Unusual needs or obligations of either parent
- Existing support duties
- Each parent’s assets
- Medical expenses not covered by insurance
- Standard of living during the marriage
- Length of the marriage
- Child’s best interests
Child support may include educational costs if reasonably necessary, especially when it comes to special needs or private schooling that is justified by the parents’ financial capability and the child’s requirements.
Modifying a Child Support Order
A significant, lasting change in circumstances can justify altering a child support order. Examples include a new marriage that brings additional dependents, a marked increase (or decrease) in a parent’s income, a serious illness, or a change in the child’s primary residence. However, if the paying parent voluntarily reduces their income (e.g., by quitting a job), that alone will not necessarily lower their child support obligation.
Child support and parenting time function as separate matters. Nonpayment of support does not entitle the custodial parent to deny visitation, and likewise, a non-custodial parent must still fulfill child support obligations even if visitation is disputed.
When Child Support Ends
In most cases, child support ends once the child turns 18 or finishes high school, whichever occurs later—unless the child is physically or mentally unable to become self-supporting. If a child becomes emancipated before 18 by living independently or getting legally married, the support order may end early. Courts decide emancipation on a case-by-case basis.
Notably, the Pennsylvania Supreme Court has ruled that a child generally cannot demand ongoing support from a deceased parent’s estate unless a prior settlement or agreement specifically grants that right.
Enforcing Child Support Orders
A court can use multiple methods to enforce a support order, such as:
- Wage garnishment (automatic income withholding)
- Intercepting tax refunds
- Seizing property
- Civil or criminal contempt proceedings, which could involve fines or jail time
Under the Uniform Interstate Family Support Act (UIFSA), Pennsylvania can enforce child support orders from other states through a registration process that allows local courts to collect payments across state lines.
Tax Implications
- Child support payments are not tax-deductible for the paying parent and not considered income for the receiving parent.
- The custodial parent typically claims the child as a dependent, unless they waive this right in writing.
- Any parent who pays a child’s medical expenses may be able to deduct those costs on their taxes, subject to standard IRS rules.
Recent Updates
- High-Income Obligors: Child support guidelines now extend to combined monthly net incomes of up to $30,000 (an increase from the previous $20,000 limit). Above $30,000, an additional formula helps determine a presumptive support amount.
- Low-Income Obligors: The minimum net monthly income before a parent is obligated to pay child support is raised to $867. Anyone earning less than this threshold generally will not be required to pay.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet guides clients through every step of the divorce process, including spousal support, child custody, and child support issues. With extensive experience and a strong background in Family Law and Criminal Law, he works diligently to achieve favorable results. Visit www.lawyersfordivorces.net or call for a free consultation to explore your legal rights and options.
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