How Child Support Is Calculated in PA
Family Law
Divorces can get heated, especially when children are involved. If you are currently going through a divorce or separation in Pennsylvania, you’ll have to negotiate child support and custody issues at some point in the process. By getting the help of a skilled Newfoundland divorce lawyer, you can learn what to expect and the steps you need to take in order to come out on top.
Overview of Pennsylvania Child Support Guidelines
Under the Pennsylvania Rules of Civil Procedure Rule 1910.16, there are specific guidelines about how child support should be determined by the state. These guidelines are in place to ensure fairness among the parties and adequate support for the child. At its heart, the PA child support guidelines are based on the Income Shares Model. This model’s fundamental premise is that both children should receive the same proportion of the parents’ income as if the parents were still together.
To calculate the right amount of child support, the state goes through a few key steps.
Figure Out the Parents’ Net Monthly Income
First, the court must determine each parent’s net monthly income. This includes more than just your wages and salaries. It counts bonuses, self-employment income, commission, pensions, retirement income, alimony from previous marriages, unemployment benefits, rental income, and workers’ compensation benefits.
After adding the gross income together, deductions are subtracted for things like taxes, non-voluntary retirement contributions, and union dues. If a parent is paying alimony or child support for previous familial relationships, this amount must also be deducted. The final figure is the net income available from both parents that could be used to support the child.
Review the Child Support Schedule
The next step is reviewing the PA child support schedule to see a basic estimate of how much child support should be paid. The amount varies based on the number of children involved. Once the amount is determined, each parent is assigned a percentage share according to their contribution to the family’s combined income.
Adjust Based on Child Custody Arrangements
For the next step, an adjustment is made based on the amount of custody time each parent receives. If one parent has primary physical custody, the other parent will typically pay their entire share of their child support obligation.
Sometimes, parents have shared custody where one parent has 40% or more of overnight stays and the other parent has the remainder. In these instances, the court will likely adjust the support so that the paying parent pays a bit less based on the amount of time they have the child in their home.
Sharing custody doesn’t negate child support payments. If one parent earns significantly more, the higher-earning parent will typically owe child support.
Calculate Added Expenses
Sometimes, the basic support obligation isn’t enough to care for the child. In these cases, the court can require parents to pay for extra costs. For example, the child may need health insurance premiums or require high-cost medical care. If one parent works or is going back to school, the court can order the other parent to cover the cost of childcare. Additionally, there may be extracurricular activities, private school tuition, and other costs that must be shared proportionately among both parents.
Can You Modify Child Support Orders?
Absolutely. While it’s easier to start out with the right child support arrangement, it is possible to change this amount in the future. However, there must be a substantial change in circumstances before the court will consider a modification. For example, a major raise, a job loss, the birth of additional children, or changes to custody arrangements would all potentially qualify you for a child support modification.
What Happens When the Other Parent Doesn’t Pay Their Child Support Obligation?
The consequences for not paying child support in PA can be severe. Quite likely, the court will garnish the parent’s wages and intercept any tax refunds to recover the child support funds. If the parent continues not to pay, their driver’s license or professional license may be suspended. They may also be held in contempt of court.
It’s important to remember that the other parent’s non-payment doesn’t negate your child support and custody arrangements. Even though they aren’t following the court order, you are still legally obligated to fulfill your part of the parenting plan until there is a legal change to it. In the interim, it’s a good idea to talk to your attorney about the child support, custody obligations, and financial issues in your divorce.
Talk to a Pennsylvania Divorce Attorney
Navigating child support laws can be complex, which is why you need an experienced Pennsylvania divorce attorney. Our Newfoundland divorce lawyers can help you understand your rights, calculate a fair support amount, and advocate for your child’s best interests.
If you’re located in Newfoundland, Milford, Honesdale, Lake Ariel, Mount Pocono, Gouldsboro, Pocono Pines, Stroudsburg, East Stroudsburg, or the surrounding cities, the Clause Law Group is available to help.
Contact our office at (570) 676-5212 for a confidential consultation about your divorce case.
