Finding Effective Child Support Solutions
All children deserve the financial support of their parents under Pennsylvania law. Although it may sound simple enough, child support matters can become complex, and it can be difficult to maneuver through the court process on your own.
At Palange & Endres, P.C., we provide experienced representation to clients for a wide range of family law and divorce concerns, including those related to child support. We will take the time to fully understand your unique situation and explain the child support process. Our attorneys will then guide you through the support process, from the initial filing of a support complaint through the hearing and filing of any exceptions.
Contact us today to schedule an initial appointment with one of our attorneys.
How Child Support Is Calculated
In Pennsylvania, child support is determined based upon the income shares model, which considers the net monthly incomes of parents. Once the parents’ combined net monthly income is determined, the Pennsylvania Support Guidelines are applied and a guideline support amount is calculated.
The factors that the determine level of support can include:
- Each parent’s relative income
- Each parent’s debts and financial liabilities
- Each parent’s access to nonincome funds, such as trusts or inheritances
- Each parent’s familial resources, such as housing or health care support from wealthy relatives
Debts, assets, help and many other issues contribute to the equations that the state uses to understand each parent’s monthly resources. Those resources are then used to find the appropriate level of support that should come from both sides.
Understanding Modifications
A modification is necessary for child support if there is any change in circumstances for the child or the adults, positive or negative. The idea is to create a support plan for the child that you can afford. Common scenarios can include:
- Losing a job and needing to make a change to lessen your support order
- Receiving a promotion and your ex pursuing a change to increase your support liability
- Your spouse moving to a less expensive area, changing their annual net income after expenses
- A person remarrying and increasing their net income through their new spouse’s contributions, though this has an impact, is relatively rare.
There are many scenarios that could potentially impact the support outlook for your children. We can look over every aspect of your situation and help you pursue a modification or defend against one filed against you. Our experience on both sides of this issue matters.
Child Support For Unmarried Parents
It bears repeating that all parents under Pennsylvania law have a financial responsibility to their children. That fact is even more important for unmarried parents. If you have a child with someone you are not married to, you can still pursue them for child support payments. These deals do not have to be part of any divorce decree. They are separate by necessity.
In these cases, however, there is a need to establish paternity, which is essential both to receive support from the supposed father and for the father to potentially receive child support in return. These are massively complex issues, but we can help you find a resolution.
Frequently Asked Questions About Pennsylvania Child Support
Child support can be a contentious issue between parents who no longer operate as a unit. Below are some of the most common child support questions our firm hears:
How long does a parent have to pay child support in Pennsylvania?
Typically, child support in Pennsylvania is ordered until the child turns 18 years of age or graduates from high school, whichever is later. Child support may terminate earlier if the child joins the military, marries or is emancipated. Termination for any of these reasons is not automatic, however, and must be requested by the parent.
Pennsylvania does not usually require parents to pay for post-secondary education or continue support through college unless a prior agreement exists.
What happens if the other parent does not pay child support in Pennsylvania?
Willful noncompliance with a child support order can lead to serious consequences, including aggressive enforcement measures, damaged credit and incarceration.
When a parent fails to pay court-ordered support, the court may garnish the parent’s wages, intercept their tax returns, suspend their driver’s, professional and recreational licenses, seize their bank accounts and place liens on their property. In addition, the noncompliant parent may be held in contempt of court, resulting in fines, probation or up to six months in jail.
What happens to child support payments if a parent’s income changes?
If a parent experiences a substantial, permanent change in their income, child support may be modified up or down accordingly. However, modifications are not automatic. The parent seeking modification must petition the court for a review of the new financial circumstances.
It is important to understand that voluntary reductions in income generally do not qualify for a modification of support. In those situations, the court may impute a parent’s income based on their earning capacity, rather than their actual income.
Parents need to make every effort to pay the amount they are obligated to pay under the existing child support order until that modification has been granted. If a parent simply reduces their payments, they may be subject to enforcement action.
Are child care expenses factored into child support payments?
Yes, child care expenses are typically factored into support obligations in Pennsylvania, but they are treated as additional expenses and not part of the basic child support amount.
Child care is usually considered a reasonable, necessary expense for parents who are working or attending school, and are allocated proportionally between the parents according to their means. This includes preschool, day care, afterschool care and nannies.
Are expenses for private school and extracurriculars factored into child support in Pennsylvania?
Yes, extracurricular activities or additional educational costs, such as sending a child to private school instead of public school, can be included in standard child support obligations in Pennsylvania, but they are not automatic. They are typically considered “additional costs” on top of a child’s basic needs, and are proportionally divided between the parents according to each parent’s income.
However, since private school costs and extracurricular expenses are considered additions that go beyond the child’s basic needs for food, shelter and clothing, they are not automatic and are not always granted. If the parents cannot agree about their inclusion, the court will have to determine if the expenses are reasonable and necessary. This often depends on what benefit they bring to the child and the standard of living the child enjoyed prior to their parents’ separation or divorce. If private school or certain extracurricular activities were already part of the child’s life before the disruption to their family life or they are designed to meet a child’s special needs, the court is more likely to see their continuance as in the best interests of the child.
Every case is unique, so it is important to work with an experienced attorney both to establish fair child support or when seeking a modification.
Wyomissing Attorneys For Child Support And Enforcement
In addition to looking at the income of both parties and the number of children in a household, the courts will often take other factors into account. This can include:
- Child care and health insurance expenses
- Support for multiple families/households
- Earning capacity, if one parent is not working to his or her full potential
Whether you need a Reading lawyer for child support, enforcement or support modification, Palange & Endres, P.C., is ready and able to assist you.
With more than 60 years of combined experience, our attorneys are prepared to handle even the most complex situations. Additionally, Ann served as special counsel for the domestic relations section of Berks County. In this position, she focused intensely on support matters, including interstate and intrastate support. This gives our firm additional insight into this area.
To schedule an initial appointment, contact us today at 610-674-0712 or toll free at 800-634-1983. Or, if you prefer to send an email, you may do so using our online form.