How Is Child Support Calculated in Pennsylvania?
Aug. 14, 2024
Dealing with a separation or divorce is challenging, but it can be even more difficult when children are involved. Determining child custody and child support are critical for making sure the needs of any children are met following their parent's separation.
In Pennsylvania, child support is calculated using the state's Child Support Guidelines, which aim to ensure both parents contribute fairly to their child's upbringing. This support is essential for covering basic living expenses as well as education, healthcare, and other vital needs that contribute to a child’s overall well-being.
At Iwanyshyn & Associates, located in Allison Park, Pennsylvania, we are experienced in handling family law cases, including those involving child support, and take a comprehensive approach by examining your family's overall financial situation for determining child support obligations. Reach out today for a consultation.
Understanding Pennsylvania's Child Support Guidelines
In Pennsylvania, child support calculations are primarily based on the Income Shares Model. This model acknowledges that both parents share financial responsibility for their children, regardless of child custody decisions. It considers the incomes of both parents, including their wages, salaries, bonuses, commissions, and investments to determine an appropriate amount of support that closely mirrors what the family would have experienced if they were living together.
In Pennsylvania, the percentage of income allocated for child support depends on the number of children involved. According to the guidelines, the basic support amount is generally determined using a formula that outlines specific percentage contributions. These are typically 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more.
These percentages reflect the state's commitment to ensuring that child support is fair and sufficient to meet the needs of the children involved.
Factors Considered in Child Support Calculations
When calculating child support in Pennsylvania, the court will evaluate various factors such as each parent's monthly gross income, the number of children requiring support, and the custody arrangement in place.
Parental income: The incomes of both parents will be assessed, including their wages, salaries, bonuses, and other earnings.
Number of children: The total number of children involved directly impacts the support calculation, as the percentage of income allocated to support changes with each additional child.
Healthcare costs: Healthcare considerations are vital. The court will incorporate both health insurance premiums and out-of-pocket medical expenses to make sure the child receives proper medical care.
Educational expenses: Special educational needs or private school considerations are factored in to guarantee the child has access to quality education.
Custody arrangements: Variables such as sole custody or shared custody significantly influence support calculations. The court will carefully analyze each parent's time spent with the child to assess their financial obligations accurately.
Once a child support order is established, both parents are legally obligated to abide by the support amounts outlined by the court. However, child support orders are not meant to negatively impact either parent, and there are circumstances when changes or amendments might be necessary.
Modifying Child Support Orders
Life happens and the circumstances of either parent can change. In Pennsylvania, if either parent faces a significant change in their financial situation, such as job loss or a major increase in income, child support agreements can be modified to better fit these changes. Some common reasons for a modifying a child support order include:
Change in income: A significant rise or drop in either parent's income
Unemployment: If a parent loses their job, it may justify an adjustment in child support
Change in custodial arrangements: Alterations in where the child lives or custody agreements
Additional healthcare needs: New or increased healthcare needs for the child
Additional educational expenses: Changes in educational costs, like private school or special education, often necessitate changes to support obligations
Birth of additional children: Financial responsibilities for new children can influence the ability to maintain current child support levels
Legal requirements: Changes in laws or state guidelines for child support may necessitate adjustments
Cost of living adjustments: Rising living costs can affect the amount needed for child support
To file for a modification, you must show that there has been a substantial change in circumstances and provide evidence to support this claim. This can include proof of income changes, medical expenses for the child, or other relevant factors.
At Iwanyshyn & Associates, we understand that life is unpredictable and can help guide you through the process of modifying a child support order should it be necessary. Our team of experienced family law attorneys will work with you to protect your rights and ensure your children receive the financial support they need.
Enforcing Child Support Orders in Pennsylvania
When a child support order is set, both parents have a legal obligation to follow the agreed-upon payment terms. If one parent fails to meet their support obligations, the other parent can take action against them.
The Pennsylvania Bureau of Child Support Enforcement (BCSE) plays a vital role in monitoring compliance and offers several mechanisms parents can use to enforce child support orders when one parent fails to make payments. These include:
Income attachment: If a parent is consistently delinquent in their payments, the court can issue a wage garnishment order. This allows child support payments to be automatically deducted from the non-custodial parent's paycheck.
Tax refund interception: The BCSE has the authority to intercept tax refunds to cover outstanding child support payments. If the non-custodial parent is owed a refund from their state or federal taxes, those funds can be redirected toward their child support obligations.
License suspension: Continued failure to meet child support obligations may result in the suspension of various licenses, including driver's and professional licenses. This serves as a significant deterrent and encourages compliance.
Contempt of court: If a parent willfully fails to pay support, the custodial parent can file a motion for contempt with the court. This legal action can compel the non-compliant parent to appear in court and explain their failure to pay. If the court determines that the parent is in contempt, it can impose penalties, including fines or even jail time.
Reach Out to an Experienced Family Law Attorney
Child support can often be complicated to grasp, but it doesn't have to be. An experienced family law attorney can help you work through your rights and obligations regarding child support to make sure the best interests of your children are maintained.
At Iwanyshyn & Associates, our experienced team is here to guide you every step of the way, whether you're establishing, modifying, or enforcing a child support order. We're committed to helping you make sure your child's best interests are at the forefront. Contact us today to schedule a consultation. Located in Allison Park, Pennsylvania, we serve clients throughout Pittsburgh, Wexford, Cranberry, and Gibsonia.