Child Support Guidelines in PA – What Parents Should Know

Understanding child support guidelines in PA can be daunting for many parents. However, knowing your responsibilities and rights is crucial for ensuring your child's well-being. We'll help demystify those guidelines, highlighting key aspects that every parent should know.

Our family lawyers work with divorced and separated parents in Bucks, Delaware, and Montgomery County, PA. So we can provide critical insights to reduce your concerns about child support.

What Is Child Support?

PA courts impose support to ensure it meets the child's basic needs. Those needs include:

Housing: Ensuring a safe and stable living environment.
Food: Providing for nutritional needs.
Clothing: Covering the costs of essential clothing items.
Education: Including school fees, books, and other materials.
Healthcare: Paying for medical, dental, and vision care.

The primary goal is to ensure that a child receives the same financial support they would have enjoyed if their parents were still together.

Parental Responsibilities for Child Support in PA

Both parents have a legal obligation to support their child financially. In addition, that responsibility remains even if one parent has limited visitation rights or no custody. Custody includes two categories:

Custodial Parent: The parent with whom the child primarily resides and who typically receives support payments. The custodial parent manages the child's daily expenses, including housing, food, and necessities. Additionally, they ensure payments benefit the child.
Non-Custodial Parent: The parent without primary custody is usually responsible for making child support payments. Moreover, they may also be accountable for additional childcare expenses such as medical and extracurricular activities.

Pennsylvania uses the terms "primary physical custody" and "partial physical custody" or "shared physical custody" to describe custody arrangements.

Enforcement of Child Support Guidelines in PA

Child support guidelines in PA mandate that parents fulfill their financial obligations toward a minor child under 18. However, parents may sometimes be liable for supporting their children 18 or older. For example, support may continue for a child who is 18 and still attending high school.

However, unless the parents agree, there are no general provisions for extending support obligations for college expenses.

Enforcement includes wage garnishment and tax refund interception to ensure ongoing support for the child. The Bureau of Child Support (BCSE), administered by the Department of Human Services, collects court-ordered support.

Pennsylvania support guidelines punish parents who don't fulfill their child's obligations:

Owing more than three months of child support.
Failing to stick to a child custody order.
Failing to follow a partial custody order.
Failing to follow warrants or subpoenas with a child support case in Pennsylvania.

Penalties for Neglecting Support Obligations

Failing to pay child support when due can lead to a judgment after 30 days. Moreover, if a separated or divorced parent doesn't pay, PA courts can hold them in contempt. Civil contempt can result in a jail term of up to six months, a fine of up to $500, or probation for up to six months.

Other potential enforcement options include:

Seizure of bank accounts
Seizure of federal and state tax refunds
Suspension of driver's or other licenses
Liens against any real property that you own
Credit bureau reporting
Publication of your name in the newspaper as a delinquent parent

Pennsylvania Child Support Guidelines

Understanding how Pennsylvania calculates support is essential for both custodial and non-custodial parents. The Commonwealth uses specific guidelines to ensure fair and adequate payments.

Here's a look at the factors and processes involved in calculating child support in Pennsylvania.

Combined Monthly Net Income: The guidelines start with both parents' combined net monthly income, including all income sources minus specific deductions like taxes and mandatory union dues.
Primary Child Support Obligation: The schedule lists the primary support obligation based on the parent's combined net income and the number of children. Additionally, it includes the cost of raising children at various income levels.
Proportional Share of Income: Each parent's amount of support is proportional to their share of the combined net income. For instance, if one parent earns 60% of the combined income, they will be responsible for 60% of the primary obligation.

Deviation from Child Support Guidelines

Sometimes, the court may deviate from the guideline at its discretion. However, it requires a justifiable reason, like significant income disparity or extraordinary expenses for the child. Other factors can include:

The standard of living the child would have enjoyed if the parents were still together
The child's unique needs or extraordinary expenses
Other factors that the court considers necessary to ensure the child's best interests

Adjustments to the Basic Child Support Obligation

Several factors can adjust the support obligation, ensuring the amount is fair and reflects the child's needs.

Custody Arrangements

Each parent's time with the child can impact the calculation. For example, Pennsylvania uses a custody adjustment formula to account for each parent's time with the child. So, if a child spends 40% or more time with a noncustodial parent, their payment may be reduced.

Even with a 50/50 custody arrangement, courts may require support, which can occur with a significant difference in the parties' incomes.

Additional Expenses

The court may include other expenses in the child support order, such as:

Childcare Costs: Necessary expenses for work-related childcare.
Healthcare Expenses: Unreimbursed medical costs, including insurance premiums, copayments, and deductibles.
Educational Expenses: Costs related to the child's education, such as tuition, books, and supplies.
Extracurricular Activities: Costs for sports, music lessons, and other activities that contribute to the child's development.

Special Needs

The court may adjust the support amount to cover costs if the child has special needs or extraordinary expenses. Examples include ongoing medical care or special education.

New 2024 Laws Impacting Child Support in PA

Starting in 2024, Pennsylvania implemented some new laws impacting child support guidelines. These laws aim to make the process more transparent and fair. Key changes include:

Adjustments to Income Calculations: Ensuring a more accurate reflection of each parent's financial situation.
Guidelines for Shared Custody: The updated guidelines clarify shared custody arrangements.
Enhanced Enforcement: Courts can impose stricter penalties for non-payment and more efficient processes for tracking and collecting overdue payments.
Clean Slate Law: Courts will seal more criminal records. As a result, that could impact child support cases in which criminal history was a factor.
Enhanced Property Tax/Rent Rebate Program: This expansion benefits low-income families, potentially easing financial pressures that can affect child support obligations.

The Role of a Family Lawyer for Child Support in PA

Navigating child support guidelines in PA can be complex. However, a family lawyer can help you understand your legal rights and obligations regarding child support. They can clarify laws and ensure that you comply with court orders. Moreover, legal advice can also help you navigate complex situations, such as changes in custody or income.

Consider consulting an experienced family law attorney for these reasons:

Understanding your rights and obligations
Filing for child support
Modifying existing child support orders
Enforcing child support payments
Uncertain about the child support calculation
Facing difficulties in receiving or making payments

Family Lawyers in Bucks, Delaware, and Montgomery County, PA

Understanding child support guidelines in PA is essential for both custodial and non-custodial parents. So get the necessary guidance you need by consulting with our family lawyers. Our law firm has offices in Doylestown, Norristown, and Wayne, PA. We have the experience to help you with child support and numerous other family law concerns.