Need to Talk with a Child Support Lawyer?
Divorce and issues involving children are never easy. When custody and financial support come into play, it’s important to have clear guidance from the start.
If you’re dealing with child support matters, our family law attorneys serving Buck County, Delaware County, and Montgomery County can help you understand your rights and reach a fair outcome for your family.
Child support is a critical legal and social issue. Nearly 50 percent of marriages in the U.S. end in divorce, and unmarried parents account for a significant percentage of child-rearing situations. As a result, Pennsylvania and federal agencies take child support obligations seriously and enforce them accordingly.
It's why PA child support agencies and agencies nationwide have become aggressive regarding child support issues.
How Do Courts Establish Child Support in Pennsylvania?
Under Pennsylvania support laws, children can benefit from both parents' incomes. The family court issues child support orders and bases the amount on established guidelines.
Key determinants are the non-custodial parent's income and the number of children. In addition, courts consider other factors, such as the custodial parent's income and the children's needs.
Courts can deviate from child support guidelines. For example, support increases if circumstances change in a way that justifies the increase. Those circumstances may include any of these:
- An increase in the payer's income
- An increase in the cost-of-living
- A decrease in the custodial parent's income
- An increase in the child's needs.
Conversely, the amount may be reduced if the circumstances justify it. If your child support obligations are unjustified, talk to a family lawyer near you for guidance.
A Child Support Lawyer Can Clarify Your Payment
In Pennsylvania, one parent typically pays the other for child support. However, determining child support requires considering the parties' income and custody schedule.
If one parent has primary custody of the children, that parent typically receives support from the other. Courts define primary custody as overnight care for more than 50% of the year.
The Pennsylvania Domestic Relations Rules Committee determines the amount paid. It uses a mathematical formula to measure what portion of household income parents spend on their children. The notion is that they spend an equivalent amount.
The Pennsylvania legislature assesses the child support guidelines every four years and updates them to reflect the cost of living and other procedural changes. For instance, those updates took place in January 2022.
Generally, as your income and number of children increase, so will your child support. Consequently, based on those 2022 updates, support payments increased by a low of 10% to a high of 25% monthly. The percentage increase depends on your combined monthly income.
Again, a child support lawyer or family law attorney can help clarify your responsibilities. You can also learn more about support guidelines here.
Shared Expenses with Child Support
In Pennsylvania, established rules and guidelines determine the amount owed and consider each party's earning capacity to calculate each parent's share. In addition, the regulations require parents to share expenses such as health insurance, child care, and some activity expenses. The rules also require that the children's medical expenses be allocated between the parties in proportion to their incomes.
Support calculations involve many nuances. Often, they involve one party having unusual or fluctuating sources of income or an unconventional custody arrangement. You can learn more about your earning capacity and its impact on child support payments by clicking here. In addition, a child support lawyer near you can help clarify any questions about support payments.
If one parent is delinquent or fails to pay, courts can take measures to ensure that support is paid. For instance, those measures include taking support amounts from tax refunds, seizing real estate, or seizing other personal property.
Modifications to Child Support in PA
Courts can modify support based on circumstances, including changes to the custody schedule and the party's income. However, child support in Pennsylvania terminates once a child turns 18 and graduates from high school.
That's true unless a child has special needs or disabilities that impact their ability to self-support. Then the court may order child support to continue even after those conditions are met.
In late 2017, Pennsylvania modified its child-support payments rules for a minor child residing with a third party. For instance, third parties can include a grandparent or a county agency. However, the calculation in that scenario differs from the calculation of what one parent owes the other. It consists of the parents' incomes but not the caretaker's.
Parents or their family law lawyers can file a modification request to secure new orders from the court. That request must present grounds for filing and note the change in guidelines.
Suppose an unmarried mother seeks child support; she can move to legally establish the father's "paternity" of the child. If the father fails to comply, she can file a lawsuit to establish paternity. And the court can order the father to comply. Reach out to a child support lawyer near you if you face that challenge.
Child Support Cases and (URESA)
The Uniform Law Commissioners enacted the Uniform Enforcement of Support Act (URSEA) in 1950. It ensured that women and children (under 16) would receive financial support if the husband abandoned the family. It's one of the foundational laws of child and spousal support.
In 1968, that law was amended so that courts in different states could communicate, resulting in reciprocal support laws. In short, another state can enforce a child support order issued by a Pennsylvania court.
So, a spouse is responsible for support even if they move to another state. As such, the law becomes reciprocal in the new state for child support cases. Consequently, they remain responsible for payments, medical needs, education, etc.
Our Family Lawyers Can Help
If you're facing a PA child support issue, contact a child custody lawyer. Our law firm has offices in Norristown, Doylestown, and Wayne, PA, and we're familiar with the Commonwealth's family laws.
Our attorneys will work with you to get the best possible result.
