Child Support in Pennsylvania
Both parents have a legal obligation to financially support their minor children. Child support is not a negotiable matter—it is a right that belongs to the child, meaning that parents cannot waive it in prenuptial or postnuptial agreements. Any such agreement would be considered void under public policy.
How Child Support Works in Pennsylvania
- In most cases, the non-custodial parent (the parent with whom the child does not primarily reside) is responsible for paying child support to the custodial parent.
- Pennsylvania follows child support guidelines, which provide a structured formula for determining payment amounts.
- The state uses the income shares model, meaning both parents’ incomes are considered when calculating support obligations.
How Child Support is Calculated
Pennsylvania’s child support guidelines help courts determine the appropriate amount based on the child’s needs and the parents’ ability to pay. Courts take into account:
- The child’s age
- Any unusual needs or financial obligations of the parents
- Other child support responsibilities (for additional children)
- The assets of both parents
- Medical expenses not covered by insurance
- The standard of living the child would have experienced if the parents remained together
- The duration of the marriage
- The child’s best interests
Education Expenses:
Child support may include educational costs, especially if private schooling is necessary due to special needs or unique circumstances.
Modifying a Child Support Order
A court may modify a child support order if substantial changes occur in either parent’s or the child’s financial situation. Reasons for modification include:
- A parent remarries and now supports additional children
- A significant increase in income for either parent
- A serious illness that impacts earning potential
- The child moves in with the non-custodial parent
However, voluntary income reduction (such as quitting a job) does not justify a decrease in child support. Additionally, child support and visitation are separate issues—a parent cannot withhold visitation because the other parent fails to pay child support.
When Does Child Support End?
Typically, a parent’s financial obligation ends when the child:
- Turns 18 or graduates high school, whichever comes later
- Becomes emancipated, meaning they are financially independent and no longer under parental control
- Has a physical or mental disability requiring continued support
Special Cases:
- A child cannot claim support from a deceased parent’s estate unless a prior agreement states otherwise.
- Pregnancy alone does not qualify a minor for emancipation.
How Child Support is Enforced
Pennsylvania courts have several methods to enforce child support payments:
- Wage garnishment (automatic income withholding)
- Intercepting tax refunds
- Seizing property from the non-paying parent
- Holding the parent in contempt of court, which may result in fines or jail time
Additionally, Pennsylvania follows the Uniform Interstate Family Support Act (UIFSA), allowing for the enforcement of out-of-state child support orders through wage garnishment.
Tax Considerations for Child Support
- Child support payments are not tax-deductible for the paying parent.
- The custodial parent automatically receives the child dependency tax exemption unless they waive it in writing.
- The parent who pays medical expenses may deduct them on their taxes.
Recent Updates to Pennsylvania Child Support Laws
Changes for High-Income Parents
- Previously, the child support guidelines only applied to households with combined monthly incomes up to $20,000.
- Now, the guidelines apply to households earning up to $30,000 per month, with additional formulas in place for even higher-income cases.
Changes for Low-Income Parents
- The minimum income threshold required for child support obligations has increased to $867 net income per month.
- If a parent earns below this threshold, they may not be required to pay child support.
Need Legal Help with Child Support?
Attorney R. Badet is an experienced child support lawyer dedicated to helping parents navigate support obligations, modifications, and enforcement issues. With expertise in divorce, custody, and family law matters, he ensures clients receive fair and appropriate child support arrangements.
📞 Call (267) 277-2641 for a free consultation!
🔗 Visit: www.lawyersfordivorces.net
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If you need assistance with child support, custody, or divorce matters, securing the right legal representation is crucial. Contact Attorney R. Badet today for expert legal guidance.