Under Pennsylvania law, both parents are required to support their child until the child reaches 18 (or longer in some cases), but a parent can seek to modify a child support payment in the months and years following an initial child support award. Pennsylvania Bureau of Child Support Enforcement (BCSE), collected and distributed almost $1.4 billion in child support for many of these children in fiscal year 2010.2 This does not include child support paid directly to the custodial-parent household. Once it has been determined which party will receive child support based on the custodial schedule, the next step is to determine the monthly net incomes of the parents (i.e. Where a parent is willfully unemployed or underemployed, a court can impute income, meaning, come up with an amount that this parent should be making, based on factors like age, health, employment history, education, and childcare responsibilities. Child support is a parent’s court-ordered payment to help with the costs of raising a child. A court can modify a child support order if either parent experiences a material and substantial change in circumstances. © Cooley & Handy Attorneys At Law, PLLC. Child support can cover the child's basic necessities, medical expenses, educational expenses, and other expenses that are allowed by law. Find more information on family law issues and Pennsylvania laws in our section on Pennsylvania Divorce & Family Laws. It is not a guaranteed payment, however, and can’t be used where the parents’ combined net monthly income is more than $30,000, or where the non-custodial parent’s monthly net income is less than $867 a month. For example, if the father has a higher net income and owes $450 a month for alimony, and the mother and father share custody 50/50, the father will pay both child support and alimony. An order for child support is not necessarily set in stone. The only way you would not need to pay child support arrears is if you had a small settlement. I am seeking child support of $700 plus child care ($300.00). 1910.16-3. Many services are offered to those families who qualify, including: Locating the non-custodial parent Pennsylvania Child Support Enforcement Measures. In Pennsylvania, all parents have a financial duty to support their children. Child support arrears are the amount of child support that is delinquent, or unpaid, by the noncustodial parent to the custodial parent. In other words, the world of custody, joint custody, and child support is confusing. withholding of Pennsylvania welfare benefits, or other collection methods. That cost would then be offset against his child support obligation. It's important to understand how child support payments can alter unemployment benefits. Obviously, calculating child support in Pennsylvania is not entirely straight forward. There are 3 children 14, 16, and 18. Collecting and Enforcing Child Support in Pennsylvania. A parent struggling to make payments but who can’t make ends meet may be liable for back payments missed, but should also request a modification in the child support order. If you have an account for your child support case, click here to complete this one-time update. When the obligor does not make proper payment, he or she is considered to be in arrears. Once it has been determined which party will receive child support based on the custodial schedule, the next step is to determine the monthly net incomes of the parents (i.e. Also, the parent who receives child support does not need to count it as income for tax purposes because child support belongs to the child. Changes like these may be enough to either increase or decrease the amount of support, where little else has changed. The punishment for contempt is a fine up to $1,000, probation, or even jail time, but is intended for those who purposefully avoid support duties. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In our example, we will assume that this couple has two children, which means that the Basic Child Support Obligation, according to the Pennsylvania Basic Child Support Obligation Guidelines, would be $1,795. Determining the Amount of Child Support. How Alimony and Spousal Support is Calculated in Pennsylvania, How Bucks County Child Support May Affect Your Divorce. First, determine the combined monthly net income of both parents. A child support award is based on Pennsylvania child support guidelines. The guidelines are simply a fee schedule of basic child support obligations. Welcome to the Pennsylvania Child Support Estimator. We are ready and able to assist you. Child support is generally payable to the parent with primary custody of the children by the parent with partial custody of the children. In any event, the court will order each parent to pay a share of any uninsured expenses, like deductibles and copayments. The duty to pay child support in Pennsylvania ends once a child reaches age 18 or graduates from high school, whichever occurs last. The court must, however, review both parents’ current financial resources and any difference in percentage of parenting time to recalibrate the amount of support. For example, if the father (obligor) has a monthly net income of $5,000 and the mother (obligee) has a monthly net income of $3,000, the combined monthly net income of both parents is $8,000 ($5,000 + $3,000 = $8,000). Daycare. For example, if the mother owes $450 a month for alimony and the father owes $750 for child support, the father will ultimately be paying the mother $300 a month. The next step is to multiply the Basic Child Support Obligation by the obligor’s percentage of the combined net monthly income to determine the preliminary monthly basic child support obligation. 1910.16-6. In our example, father is the obligor, so the Basic Child Support Obligation is multiplied by father’s percentage of the combined income ($1,795 x .58 = $1,041.10). To cut through the static, we spoke to a variety of experts — lawyers, child support professionals, and more — who walked us through what fathers in particular need to know. Who is Responsible for Maintaining Health Insurance Coverage in Divorce and Child Support Cases in Pennsylvania? If you…, Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. In this case, it extends to graduation. I do not understand why my child support would not lower after graduation of the 18 year old. More minor expenses such as sports enrollment fees, school supplies, clothing, etc. If a parent doesn't pay, he or she can be held in contempt and fined or sent to jail. That amount is calculated by multiplying mother’s childcare costs ($800.00) by father’s share of the parties’ combined monthly net income (58%) ($800 x .58 = $464). 1910-16.4(c)(1). Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. For the father ($5,000 / $8,000 = 58%) for the mother ($3,000 / $8,000 = 42%). In the case that a mother has primary custody, but has a lower net income, the mother will be paid both alimony and child support. Do Not Sell My Personal Information, parent who cares for a child most of the time, deadbeat parent can’t avoid paying child support, Pennsylvania’s Department of Public Welfare, unusual needs and unusual fixed obligations, the relative assets and liabilities of the parents, medical expenses not covered by insurance. You need to know both parents’ gross incomes, tax status, spousal support (alimony) paid or received, childcare expenses, medical insurances premiums that cover the child, and any union dues or non-voluntary retirement contributions. Other common voluntary deductions from a party’s income or paycheck, such as 401(k) contributions, are added back in to determine the party’s monthly net income. To continue helping individuals and families that are in need of our services, we are open, accepting calls and scheduling virtual consultations and appointments via videoconferencing through Zoom and Skype. Paycheck withholding, worker’s compensation and unemployment benefit withholding. Here’s how child support … For child support purposes, gross income generally includes salaries, wages, bonuses, and commissions, but also pensions and retirement plans. How to Request Child Support in Pennsylvania See Pa.R.Civ.P. 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