how does child support work in pa

You should consult an attorney for advice regarding your individual situation. In situations where neither parent has health coverage, one or both will have to get it to cover the child. Typically, parents must pay child support until the child is 18, but there are some exceptions. Net income also includes any spousal support, alimony pendente lite or alimony received. If your child's parent is out-of-state, it may seem like yet another hassle to get him or her to send you child support. Even small variations in monthly amounts can make a significant difference over the course of a child support order. More often a court will order parents to share the deduction by claiming it in opposite years. Please do not hesitate to contact us. The parent who pays child support won’t automatically get to claim the child dependent deduction. In the event of a 50/50 custody schedule, child support in Pennsylvania is payable to the parent with the lower income by the parent with the higher income. Pennsylvania’s Basic Child Support Obligation Guidelines, how alimony is calculated in Pennsylvania. This means that the law requires the obligor, the person paying the child support, to make child support payments to the obligee, the person receiving the child support. 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. Where parents share custody and either could cover the child’s health insurance, the court could make one or both parents pay for the child’s health insurance. Basic child support in Pennsylvania is calculated according to a simple formula in which the parents’ net income is calculated and then plugged-into a table of basic child support amounts. Who is Responsible for Maintaining Health Insurance Coverage in Divorce and Child Support Cases in Pennsylvania? An order for child support is not necessarily set in stone. Collecting and Enforcing Child Support in Pennsylvania. Those expenses include things such as payments for health insurance premiums covering the children, childcare expenses necessary for work, and private school tuition, and are generally spit in accordance with the parties’ percentages of the combined monthly income. If you have an account for your child support case, click here to complete this one-time update. Also, it does not include deviations from the guidelines (as explained above), calculations for six or more children, or multiple-family situations. Daycare. However, in certain circumstances, such as when the child has disabilities, the obligation can continue. In some states, the information on this website may be considered a lawyer referral service. Child support payments are necessary to help ensure that the child's needs are met. The guidelines are simply a fee schedule of basic child support obligations. This estimator does not provide results for alimony pendente lite or spousal support, or for combined child support and spousal support/alimony pendente lite orders. Child support can cover the child's basic necessities, medical expenses, educational expenses, and other expenses that are allowed by law. Select your state from the dropdown menu to get specific information on how to apply for child support. Although a court presumes that the number given by the guidelines is the appropriate amount of child support, a judge could deviate from the guidelines— in other words, decrease or increase the amount of child support—based on the following facto. Paycheck withholding, worker’s compensation and unemployment benefit withholding. If you…, Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. Finally, adjustments are made to the recipient’s monthly basic child support based on certain additional expenses of the children. Once your child is over 18 years old, and a high school graduate, you no longer have a legal duty to support them financially. Obviously, calculating child support in Pennsylvania is not entirely straight forward. In the event of a 50/50 custody schedule, child support in Pennsylvania is payable to the parent with the lower income by the parent with the higher income. Pennsylvania 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. In Pennsylvania, all parents have a financial duty to support their children. That situation results in an offset. The attorneys at Cooley & Handy are experienced and knowledgeable in all nuances of child support, and can provide you with sound guidance regarding your support order. What are child support arrears? Even without employment, chances are a parent still has income in the form of social security benefits or unemployment compensation. If health insurance is reasonably available only to the custodial parent, then the custodial parent will have to pay for it. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Even with these extra costs, you can still estimate your fair share of support. 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. 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). 1910-16.4(c)(1). It is only an estimator. It's important to understand how child support payments can alter unemployment benefits. Before you can use the estimator, you'll need to do some homework. Attorneys and employers can update their accounts by … The court may also deviate from the formula based on special or unusual circumstances. In Pennsylvania, child support is calculated based on the income and certain expenses of both parents. Primary custody of the child(ren) is determined by who has the most of overnights with the child(ren) in a year. Also, his or her driver's license (and any professional license) may be suspended. All users must update their login credentials before they can log in to their account. Split custody is where each parent has primary custody of one or more of the children in families with multiple children. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Other circumstances, such as split custody can also affect the amount of child support payable under Pennsylvania law. Sources for PA laws governing child support are located here. Call to Schedule Your Consultation: 215.345.8000. Child support in Pennsylvania is calculated by a mathematical formula set forth in law. Net income includes income from any source, including wages, salaries, commissions, bonuses, interest, rental income, etc. Virtually all of these divorces will be impacted by child support issues. Payments are due on time each month, until the court order is changed. 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. When the obligor does not make proper payment, he or she is considered to be in arrears. A court can modify a child support order if either parent experiences a material and substantial change in circumstances. In these cases, both Usually, these payments are from one parent to the other. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In any event, the court will order each parent to pay a share of any uninsured expenses, like deductibles and copayments. © Cooley & Handy Attorneys At Law, PLLC. You can find the guidelines and child support estimator on Pennsylvania’s Department of Public Welfare website. Generally, child support payments are for the ordinary expenses of food, shelter, clothing, education and medication needs for the children only. Bad idea. If a child has special needs, Pennsylvania Education Code allows that child to stay in school until age 21. Determining the Amount of Child Support. If you have been injured at work, you should immediately move to protect your rights and your entitlement to workers compensation benefits, by calling Mooney Law. 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 parent responsible for paying child support (also called the “obligor”) can make child support payments by cash, check, direct deposit, wire transfer, Venmo or Zelle. The guidelines are based primarily on the number of children who need support and the income of both parents. The only items that are deductible from the parties’ monthly gross incomes are taxes, spousal support/alimony pendente lite/alimony paid to the recipient of the child support, and mandatory deductions such as union dues. after-tax incomes). See Child Support in Pennsylvania for … I am seeking child support of $700 plus child care ($300.00). 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. Having an order from a judge for child support to be paid does not automatically open a child support case. This tends to happen when a parent loses a job, has a new baby, or relocates internationally. Here’s how child support … Pennsylvania is on par with many other states when it comes to emancipation-- the time when your child becomes an adult so you no longer have a legal responsibility to support him financially.Child support ends when your child is 18 in Pennsylvania, unless he’s still enrolled in high school. 1910.16-6. Once a family law judge makes a child support order , it becomes a legal obligation. In Pennsylvania, parents typically pay child support until the child turns 18, with exceptions. For the father ($5,000 / $8,000 = 58%) for the mother ($3,000 / $8,000 = 42%). In calculating the amount of child support that is owed to one parent, Pennsylvania has created a child support guideline that determines how much of an intact family’s income is used to support the number of children in the family. 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. 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. Use that number and divide each of the parent’s individual monthly income by the combined monthly income to determine the percentage of each parent’s contribution to the combined monthly income. The attorney listings on this site are paid attorney advertising. To determine how much the obligor parent is required to pay in child support to the obligee parent, multiply the Basic Child Support Obligation ($1,795) by the obligor’s percentage of the combined income. I do not understand why my child support would not lower after graduation of the 18 year old. I was told by my attorney that the child support would remain the same amount even after the eldest child turned 18. Generally, the law requires a person paying child support to make those payments until any of these apply: In comparison, child support is always paid to the parent that has the child(ren) more than 50% of the overnights in any given year, or, in the case of a 50/50 custody arrangement, the lower income parent. Once you’ve established a child support order, you’ll need to collect support from the other parent. These factors are: (1) the physical custody schedule (2) the number of children covered by the support order (3) the monthly after-tax incomes of the parties and (4) certain additional expenses the parties may incur for the care of child(ren). Those services can be found at www.childsupport.state.pa.us.Child support information specific to your UC claim may be obtained by calling UI Claimant Services Child Support at 717-787-5856. The … It is worth noting that a parent with partial custody of the child(ren) is entitled to a discount on the amount of child support owed if he or she has more than 40% of the overnights. Once you’ve established a child support order, you’ll need to collect support from the other parent. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Or maybe you're the one who owes child support to an out-of-state spouse. Find more information on family law issues and Pennsylvania laws in our section on Pennsylvania Divorce & Family Laws. However, there are times a parent might not be able to pay or simply refuses to pay. Also, a deadbeat parent can’t avoid paying child support by refusing to work, or even working less. 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. A court could hold an obligor who willfully fails to make payments in contempt. 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. In other words, in addition to the basic child support obligation, father owes mother 58% of her childcare costs. In determining child support, a court will look at all the following issues: 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. For more on applying for, paying, and enforcement of child support in Pennsylvania, see the Pennsylvania Child Support Handbook. Also, one or both parents could be on the hook to cover the child’s undergraduate or vocational expenses after high school. But if the mother has primary custody, and has a higher net income, she will be paying the father alimony, while the father is paying her child support. Will have to pay that impact support payments Divorce attorney attorney advertising schedule!, in certain circumstances, such as when the child dependent deduction or child tax credit a... Custody battle support website has a new baby, or unpaid, by the of! 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