In Pennsylvania, both parents are legally obligated to support their minor children. Child support is a right of the child, not the parent, meaning parents cannot bargain or waive child support obligations through agreements (such as in prenuptial or postnuptial contracts).
Key Points on Child Support:
- Legal Obligation: Both parents must contribute to their child’s financial well-being, regardless of marital status. This is especially relevant during divorce proceedings, where the non-custodial parent typically pays child support.
- Income Shares Model: Pennsylvania follows an income shares approach, which calculates child support based on the combined incomes of both parents. This approach is designed to ensure that the child receives the same proportion of financial support as if the parents were still living together.
- Factors Affecting Child Support:
- Child’s Age: Older children may require more support due to increased needs.
- Unusual Needs: Special circumstances like medical or educational needs may influence the amount of support.
- Income & Assets: The parties’ income, assets, and medical expenses not covered by insurance will be factored into the calculation.
- Standard of Living: The child’s standard of living before the separation, as well as the standard of living each parent can provide, is considered.
- Duration of the Marriage: The length of the marriage can be relevant, especially for families with long-term financial arrangements.
- Best Interests of the Child: All decisions must prioritize the child’s well-being.
- Modification of Child Support:
- Child support can be modified when there is a material and substantial change in circumstances such as an increase in income, remarriage, or a child moving between parents.
- A reduction in the obligor’s income due to voluntary job changes will not automatically reduce the child support obligation.
- Termination of Child Support:
- Typically, child support ends when the child turns 18 or graduates from high school, whichever occurs later. However, support may continue if the child is disabled or incapable of self-support.
- Emancipation may end child support earlier if the child becomes self-supporting and independent from parental control.
- Enforcement of Child Support:
- Pennsylvania offers various enforcement mechanisms for child support, including income withholding, seizure of property, and civil or criminal contempt proceedings. The state also participates in the Uniform Interstate Family Support Act, which helps enforce child support across state lines.
- Tax Implications:
- The obligor (paying parent) cannot deduct child support payments from their taxes, and the recipient (custodial parent) does not include these payments as income.
- The custodial parent usually claims the child dependency exemption, unless waived in writing.
- The parent who pays for medical expenses may be entitled to a deduction.
Recent Changes in Child Support Laws:
- High-Income Obligors: The child support guidelines now apply to combined net household incomes up to $30,000 per month, with a formula available for incomes above this threshold.
- Low-Income Obligors: For those with a net income under $867 per month, child support obligations do not apply, as this amount is considered the self-support reserve.
Divorce and Family Law Attorney – R. Badet
Divorce Lawyer R. Badet is a trusted divorce and child support attorney in Pennsylvania. Whether you’re dealing with simple or complex divorces, spousal support, or child custody issues, R. Badet offers comprehensive legal services to help you navigate through the process and secure a fair outcome.
For more information on your legal rights and options, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation.
Popular Keywords for Divorce & Child Support Lawyers:
- Divorce lawyers nearby
- Family law attorney
- Affordable divorce lawyers
- Child support lawyer near me
- Best child custody lawyer
- Family court lawyers near me
- Divorce attorneys for men
- Reasonable divorce lawyers
- Experienced divorce and child support attorneys