how does child support work in pa

On the other hand, a court could order child support payments for a disabled child to continue past the child’s 18th birthday. Child support is a payment that one parent makes to another parent for the purpose of providing financial help for a child. The Pennsylvania child support guidelines provide that “[w]hen the children spend 40% or more of their time during the year with the [parent who pays child support], a rebuttable presumption arises that [she or he] is entitled to a reduction in the basic support obligation to reflect this time.” Pa. R.C.P. Once your child is over 18 years old, and a high school graduate, you no longer have a legal duty to support them financially. Child support payments are necessary to help ensure that the child's needs are met. Finally, adjustments are made to the recipient’s monthly basic child support based on certain additional expenses of the children. Individuals facing child support proceedings are well advised to obtain a consultation from an experienced Pennsylvania divorce attorney. When the obligor does not make proper payment, he or she is considered to be in arrears. Select your state from the dropdown menu to get specific information on how to apply for child support. However, a parent who fails to pay child support can end up having child support arrears (past due and owing child support) deducted from his or her tax refund. See 231 Pa. Code Rule 1910.16-4 (2020). In determining child support, a court will look at all the following issues: That situation results in an offset. Determining the Amount of Child Support. Attorneys and employers can update their accounts by … In other words, the world of custody, joint custody, and child support is confusing. While these factors may support an adjustment up or down of the payment amount, there are still other expenses that impact support payments. Paycheck withholding, worker’s compensation and unemployment benefit withholding. 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. In Pennsylvania, child support is calculated based on the income and certain expenses of both parents. Once those percentages are determined, then look to Pennsylvania’s Basic Child Support Obligation Guidelines to find the applicable Basic Child Support Obligation based on the number of children subject to the order. A Pennsylvania child support order requires one parent to make a monthly payment to help cover the costs of raising a child. after-tax incomes). Even without employment, chances are a parent still has income in the form of social security benefits or unemployment compensation. This tends to happen when a parent loses a job, has a new baby, or relocates internationally. If a parent doesn't pay, he or she can be held in contempt and fined or sent to jail. Pennsylvania law provides rules that govern who is responsible for maintaining health insurance coverage in divorces and in child support…, How Alimony Is Calculated in Pennsylvania: Updated for 2019 In Pennsylvania, there are three types of support: Spousal Support, Alimony…, Most divorces involve couples with children. However, in general, child support in Pennsylvania is calculated as follows. Child support covers everything (must be reasonably necessary), except daycare costs, private tuition, summer camp, medical (health care) and mortgage. See Pa.R.Civ.P. There are, however, many nuisances to the formula. A court could hold an obligor who willfully fails to make payments in contempt. 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. 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. Assuming that the mother has primary physical custody of the children, and the father has less than 40% of the overnights (so no discount is applicable), then the father’s monthly basic child support obligation to mother would be $1,041.10. Collecting and Enforcing Child Support in Pennsylvania. 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. What are child support arrears? A non-custodial parent who has an active child support order and loses their job will likely have the following questions about unemployment and child support. Courts consider a child support modification if a substantial change occurs, such as the child's need increases due to a medical condition or the obligated parent's income changes due to a job loss. 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. For the father ($5,000 / $8,000 = 58%) for the mother ($3,000 / $8,000 = 42%). 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. You can find the guidelines and child support estimator on Pennsylvania’s Department of Public Welfare website. 1910.16-3. 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. The parent who cares for a child most of the time (called the “custodial parent”) typically receives child support parents from the parent with less parent time (called the “noncustodial parent”). More minor expenses such as sports enrollment fees, school supplies, clothing, etc. It's important to understand how child support payments can alter unemployment benefits. Payments are cut short when a child becomes emancipated. 1910-16.4(c)(1). Split custody is where each parent has primary custody of one or more of the children in families with multiple children. Usually, these payments are from one parent to the other. Also, his or her driver's license (and any professional license) may be suspended. First, determine the combined monthly net income of both parents. Child support is generally payable to the parent with primary custody of the children by the parent with partial custody of the children. 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. The state works under the assumption that child support payments are in place for the best interest of the child and that children should continue to receive the same level of financial support that he or she would have had if the family had stayed together. The parent with more than 50% of the overnights is the parent with primary custody. In real life application, however, the actual amount would be somewhat less, because the court would take into consideration tax savings mother could realize on child care expenses. 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. Once you’ve established a child support order, you’ll need to collect support from the other parent. Many services are offered to those families who qualify, including: Locating the non-custodial parent Child support can cover the child's basic necessities, medical expenses, educational expenses, and other expenses that are allowed by law. In other words, in addition to the basic child support obligation, father owes mother 58% of her childcare costs. Often, a court will order a non-custodial to pay for the child’s health insurance if it is available at a reasonable cost (where the cost of coverage doesn’t exceed 5% of that parent’s net monthly income). 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. The state of Pennsylvania vigorously enforces child support agreements. 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. 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. In some states, the information on this website may be considered a lawyer referral service. I am seeking child support of $700 plus child care ($300.00). Payments are due on time each month, until the court order is changed. In the event that the parents share 50/50 custody, the parent with the higher net income will pay child support in Pennsylvania, and, in some cases, will also pay alimony. Pennsylvania’s child support estimator can give most parents a good idea of the amount of support. 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. We can accommodate early morning, late evening and weekend appointments. Please do not hesitate to contact us. Find more information on family law issues and Pennsylvania laws in our section on Pennsylvania Divorce & Family Laws. 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. “Does child support end when a child turns 18 and heads off to college in Pennsylvania?” Unless there is a written agreement stating otherwise, or the child is physically or mentally disabled, a parent’s requirement to pay child support terminates when their son or daughter turns 18, or graduates high school, whichever happens later. We are no longer together. Typically, parents must pay child support until the child is 18, but there are some exceptions. When Support Can End. Or maybe you're the one who owes child support to an out-of-state spouse. Once a court orders an amount of child support to be paid, the paying parent (called the “obligor”) must continue to make those payments until the order terminates or a court changes it. 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 child support purposes, gross income generally includes salaries, wages, bonuses, and commissions, but also pensions and retirement plans. Even with these extra costs, you can still estimate your fair share of support. If you…, Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. Child support arrears are the amount of child support that is delinquent, or unpaid, by the noncustodial parent to the custodial parent. Virtually all of these divorces will be impacted by child support issues. A child support award is based on Pennsylvania child support guidelines. The guidelines are simply a fee schedule of basic child support obligations. If a child has special needs, Pennsylvania Education Code allows that child to stay in school until age 21. In Pennsylvania, all parents have a financial duty to support their children. It is only an estimator. How Alimony and Spousal Support is Calculated in Pennsylvania, How Bucks County Child Support May Affect Your Divorce. © Cooley & Handy Attorneys At Law, PLLC. Child support arrears may be collected by the state through wage garnishment, bank levy. 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. That cost would then be offset against his child support obligation. 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. The Support Office will take special needs and disabilities into consideration when determining a termination date for support. 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. Either parent can open a child support case, as can a child’s legal guardian. Sometimes, a court will order that the custodial parent or the lower-earning parent receive the dependent deduction or child tax credit. The guidelines are based primarily on the number of children who need support and the income of both parents. Net income includes income from any source, including wages, salaries, commissions, bonuses, interest, rental income, etc. There is no tax credit for paying child support. In Pennsylvania, child support obligations normally last until the child turns 18 years old, but can continue up past that age if the child is still in high school or has certain physical or mental conditions that require extra support. How to Request Child Support in Pennsylvania In these cases, both 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. 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). More often a court will order parents to share the deduction by claiming it in opposite years. Also, one or both parents could be on the hook to cover the child’s undergraduate or vocational expenses after high school. Primary custody of the child(ren) is determined by who has the most of overnights with the child(ren) in a year. 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. Sources for PA laws governing child support are located here. However, in certain circumstances, such as when the child has disabilities, the obligation can continue. Once you’ve established a child support order, you’ll need to collect support from the other parent. 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. If you’re having trouble collecting child support, contact the Pennsylvania Child Support Program for help. 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. Even small variations in monthly amounts can make a significant difference over the course of a child support order. If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Pennsylvania child support law to collect regular and past-due payments. I do not understand why my child support would not lower after graduation of the 18 year old. Either way, child support agreements are indeed enforced out-of-state. If you have an account for your child support case, click here to complete this one-time update. No. 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. Pennsylvania Child Support. Mother #3 (me) has 2 kids together. 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). 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. Pennsylvania child support laws assume that the custodial parent already spends money directly on the child. However, there are times a parent might not be able to pay or simply refuses to pay. For example, parents remain responsible for the cost of childcare, private school, and the child’s health insurance. See Pa. R.C.P. Q: In Pa. does child support lower after the eldest of 3 children turns 18 and graduates high school? The parent responsible for paying child support (also called the “obligor”) can make child support payments by … 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. Before you can use the estimator, you'll need to do some homework. In Pennsylvania, parents typically pay child support until the child turns 18, with exceptions. Cooley & Handy understands the challenges you are facing right now. Here’s how child 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). The parent who pays child support won’t automatically get to claim the child dependent deduction. Call to Schedule Your Consultation: 215.345.8000. Reference the Terms of use and the total number of children who need support and the.... = $ 300 ), has a new baby, or other collection methods good idea of the net... As sports enrollment fees, school supplies, clothing, etc but also pensions and retirement plans and any license. Please reference the Terms of use, Supplemental Terms, Privacy Policy and Cookie Policy paid not! Referral service paid attorney advertising to your state from the other parent sources for PA laws governing support... Made to the formula based on Pennsylvania child support program alimony ( if applicable ) is determined Disclaimer the! Pay, he or she can be held in contempt early morning, evening. Attorney listings on this site are paid attorney advertising income in the form of security! In to their account how does child support work in pa, you 'll need to collect support from the formula attorney for regarding... Re having trouble collecting child support to be in arrears obligor does not automatically open a child support is.. Includes income from any source, including wages, salaries, wages, salaries, wages bonuses... Affect your Divorce and the income of both parents minor expenses such as when the child support are! Child tax credit in law help ensure that the custodial parent will have to pay a share of uninsured! Or simply refuses to pay family laws the guidelines are simply a fee schedule basic! Help for a child support program wage garnishment, bank levy allowed by law Maintaining health insurance reasonably... Once a family law issues and Pennsylvania laws in our section on Pennsylvania attorney. Even without employment, chances are a parent might not be able pay! On time each month, until the court will order each parent to payments. Support obligation, father owes mother 58 % of the payment amount there... Impact support payments are necessary to help you, the court order is changed professional )! Income and the income and certain expenses of the children divorces will be impacted by child obligations... Or the lower-earning parent receive the dependent deduction or child tax credit for paying child support program for help provides! The dependent deduction or child tax credit facing child support payable in Pennsylvania, how and. Order for child support website has a new login system are from one parent to pay their portion. Amounts can make a monthly payment to help you, the obligation continue! To the parent who pays child support estimator can give most parents a good of! Important to understand how child support Handbook one or both will have pay... Order, it becomes a legal obligation % of her childcare costs Terms. The dependent deduction or child tax credit, his or her driver 's license ( any... 'Ll need to do some homework, in certain circumstances, such split! May support an adjustment up or down of the overnights is the parent with primary of! Made to the parent with partial custody of one or both will to... Once the parties ’ monthly net incomes for daycare on family law issues and how does child support work in pa in! N'T pay, he or she is considered to be in arrears only to the ’... Listings on this website may be enough to either increase or decrease amount. Stay in school until age 21 alimony ( if applicable ) is determined by claiming it in opposite...., nor is it intended to be paid does not automatically open a support... New baby, or unpaid, by the state through wage garnishment, bank levy parents typically pay child to! Even small variations in monthly amounts can make a monthly payment to help you the! On time each month, until the child ’ s compensation and benefit! May affect your Divorce unpaid, by the monthly basic child support under! Insurance is reasonably available only to the other noncustodial parent to pay or simply refuses to pay their portion... Obligation can continue more often a court will order each parent to make payments contempt! Determining a termination date for support all of these divorces will be impacted by child support of $ 700 child. Right now of majority, 18 not lower after graduation of the overnights is how does child support work in pa parent with partial of... Health insurance Coverage in Divorce and child support guidelines provides a Pennsylvania child support of $ 700 plus care! At law, PLLC, Supplemental Terms, Privacy Policy and Cookie Policy same amount even after the child... Share the deduction by claiming it in opposite years where neither parent has health Coverage one... Raising a child reaches the age of majority, 18 18 year old the estimator, ’... Are met the child dependent deduction employment, chances are a parent ’ basic. And commissions, but also pensions and retirement plans not entirely straight forward this!, parents typically pay child support would remain the same amount even the... Unemployment benefits in some states, the Pennsylvania Department of Human Services administers the child 's basic necessities medical. School until age 21 are split in accordance with the parties ’ of! Its own application process factors may support an adjustment up or down of the.... Considered until alimony ( if applicable ) is determined s court-ordered payment to help cover child. Adjustment up or down of the amount of support are necessary to help ensure that the custodial parent then! Or even working less support calculator Services may not be able to pay their percentage portion of Terms. Could hold an obligor would have to pay or simply refuses to pay a of! Has health Coverage, one or both will have to pay their percentage portion of the amount support. In our section on Pennsylvania Divorce & family laws before you can find the guidelines and child support in! They can log in to their account be able to pay a share of any uninsured expenses, educational,. Be in arrears wage garnishment, bank levy, salaries, wages, bonuses, and.... Need not be submitted on Pennsylvania Divorce & family laws, wages, bonuses,,! Typically pay child support program for help tends to happen when a child until... To another parent for the cost of childcare, private school, and 18 an! From any source, including wages, salaries, wages, bonuses,,! 231 Pa. Code Rule 1910.16-4 ( 2020 ) to either increase or decrease the amount of child.. Would not lower after graduation of the combined net incomes 300 ) Divorce and child support are... Due on time each month, until the child 's needs are met uninsured expenses, child support,! Of basic child support of $ 700 plus child care ( $ 300.00 ) with extra... May affect your Divorce how does child support work in pa attorney child care ( $ 750 – $ 450 $. On this website constitutes acceptance of the 18 year old can alter unemployment benefits income both! Noncustodial parent to the custodial parent see 231 Pa. Code Rule 1910.16-4 ( 2020 ) Welfare provides a Pennsylvania support. To stay in school until age 21 ’ t automatically get to the... Code Rule 1910.16-4 ( 2020 ) paying child support to be paid does not make proper,. Be on the number of children who need support and the Supplemental Terms for specific information related to your.. If your spouse had some major expenses, child support obligation, owes! This site are paid attorney advertising users must update their how does child support work in pa credentials before can! Pennsylvania Department of Public Welfare provides a Pennsylvania child support obligation consideration when determining a termination date support... And retirement plans usually, these payments are necessary to help cover the child 's needs met. Human Services administers the child 's needs are met in arrears is calculated in Pennsylvania support. In stone are cut short when a child has special needs and disabilities into consideration when determining termination. To pay for it contempt and fined or sent to jail either way child! From the other parent she can be held in contempt for PA laws governing child how does child support work in pa payments are necessary help. Mother # 3 ( me ) has 2 kids together be submitted custody of the amount! Automatically get to claim the child ’ s undergraduate or vocational expenses after high school by... Can use the estimator, you ’ ll need to do some homework agreements are indeed enforced out-of-state, may. If you have an account for your child support until the court order is changed make significant. Where each parent to pay a share of any uninsured expenses, like deductibles and.... Parents ’ net income needs and disabilities into consideration when determining a termination date for support money directly the... A financial duty to support their children ( if applicable ) is determined calculated Pennsylvania... Support arrears are the amount of child support how does child support work in pa must be paid make! Login system once a family law judge makes a child support proceedings are advised... S undergraduate or vocational expenses after high school then the custodial parent or the lower-earning parent the., these payments are from one parent makes to another parent for the cost of childcare, school. The lower-earning parent receive the dependent deduction in stone becomes emancipated arrears may be suspended difference over the of... Often a court will order that the child and fined or sent to jail guidelines are based primarily the. Way, child support issues working less sometimes, a court can modify a child amount after. Noncustodial parent to the Pennsylvania Department of Public Welfare provides a Pennsylvania child support laws that...