Payments are due on time each month, until the court order is changed. We are no longer together. Either parent can open a child support case, as can a child’s legal guardian. I do not understand why my child support would not lower after graduation of the 18 year old. The child support amount depends primarily on the income of both parents and the number of children involved, so one of the first steps in determining a child support obligation is to figure out how much income each parent earns. 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. Among other things, income may also include veteran’s benefits and interest on investments. 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. This tends to happen when a parent loses a job, has a new baby, or relocates internationally. In determining child support, a court will look at all the following issues: Child support can cover the child's basic necessities, medical expenses, educational expenses, and other expenses that are allowed by law. 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. Changes like these may be enough to either increase or decrease the amount of support, where little else has changed. Child support covers everything (must be reasonably necessary), except daycare costs, private tuition, summer camp, medical (health care) and mortgage. Even without employment, chances are a parent still has income in the form of social security benefits or unemployment compensation. What are child support arrears? Who is Responsible for Maintaining Health Insurance Coverage in Divorce and Child Support Cases in Pennsylvania? Even with these extra costs, you can still estimate your fair share of support. If health insurance is reasonably available only to the custodial parent, then the custodial parent will have to pay for it. In any event, the court will order each parent to pay a share of any uninsured expenses, like deductibles and copayments. We can accommodate early morning, late evening and weekend appointments. 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 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. Also, a deadbeat parent can’t avoid paying child support by refusing to work, or even working less. 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. The court must, however, review both parents’ current financial resources and any difference in percentage of parenting time to recalibrate the amount of support. Pennsylvania’s Basic Child Support Obligation Guidelines, how alimony is calculated in Pennsylvania. For example, if the mother in the above example had monthly daycare expenses for the covered children that are necessary for her to work in the amount of $800.00 per month, and the father had no such expenses, then mother’s monthly basic child support obligation would be increased by $464 per month. Either way, child support agreements are indeed enforced out-of-state. Based on the updated calculations, child support cannot even be considered until alimony (if applicable) is determined. Also, one or both parents could be on the hook to cover the child’s undergraduate or vocational expenses after high school. 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. 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. A parent struggling to make payments but who can’t make ends meet may be liable for back payments missed, but should also request a modification in the child support order. “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. 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. Generally, child support payments are for the ordinary expenses of food, shelter, clothing, education and medication needs for the children only. 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. How to Request Child Support in Pennsylvania A court could hold an obligor who willfully fails to make payments in contempt. 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. The parent with more than 50% of the overnights is the parent with primary custody. The amount of child support owed by the parent who does not have custody depends on the percentage of the joint income that parent earns. Once a family law judge makes a child support order , it becomes a legal obligation. 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. Correspondingly, if father had an expense for the children, such as healthcare costs, mother would owe him 42% of those costs. You should consult an attorney for advice regarding your individual situation. See Pa.R.Civ.P. The Department of Human Services administers the child support program. Generally, the law requires a person paying child support to make those payments until any of these apply: Child support model. For example, if the father has a higher net income and owes $450 a month for alimony, and the mother and father share custody 50/50, the father will pay both child support and alimony. 1910.16-6. after-tax incomes). 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. No. Usually, these payments are from one parent to the other. How Alimony and Spousal Support is Calculated in Pennsylvania, How Bucks County Child Support May Affect Your Divorce. 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. You can find the guidelines and child support estimator on Pennsylvania’s Department of Public Welfare website. 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. There are four main factors that affect the amount of child support payable in Pennsylvania. 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. To cut through the static, we spoke to a variety of experts — lawyers, child support professionals, and more — who walked us through what fathers in particular need to know. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Net income also includes any spousal support, alimony pendente lite or alimony received. The Child Support Website has a new login system. In other words, the world of custody, joint custody, and child support is confusing. 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. 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 determine the percentage of each parent’s contribution to the combined monthly income divide each parent’s individual net incomes by their combined net income. Applying for Child Support Each state has its own application process. Daycare. The only way you would not need to pay child support arrears is if you had a small settlement. 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. To help you, the Pennsylvania Department of Public Welfare provides a Pennsylvania child support calculator. Once you’ve established a child support order, you’ll need to collect support from the other parent. But, that's what child support covers or is supposed to cover. 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. 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. More often a court will order parents to share the deduction by claiming it in opposite years. Child support is a payment that one parent makes to another parent for the purpose of providing financial help for a child. For child support purposes, gross income generally includes salaries, wages, bonuses, and commissions, but also pensions and retirement plans. The parent responsible for paying child support (also called the “obligor”) can make child support payments by … However, there are times a parent might not be able to pay or simply refuses to pay. Child support arrears may be collected by the state through wage garnishment, bank levy. 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. Bad idea. Child Support ends when a child is 18 and has graduated high school, whichever date is later. 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. 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. Before you can use the estimator, you'll need to do some homework. 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. That cost would then be offset against his child support obligation. The court may also deviate from the formula based on special or unusual circumstances. Typically, parents must pay child support until the child is 18, but there are some exceptions. In some states, the information on this website may be considered a lawyer referral service. In Pennsylvania, child support orders are calculated using the child support guidelines Even small variations in monthly amounts can make a significant difference over the course of a child support order. 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. Sometimes, a court will order that the custodial parent or the lower-earning parent receive the dependent deduction or child tax credit. When Support Can End. In Pennsylvania, child support cases are handled by the Bureau of Child Support Enhancement (BCSE) – a division of the Department of Public Welfare. Also, it does not include deviations from the guidelines (as explained above), calculations for six or more children, or multiple-family situations. Child support in Pennsylvania is calculated by a mathematical formula set forth in law. Alimony is always paid by the parent with the higher net income, to the parent with a lower net income. The attorney listings on this site are paid attorney advertising. All users must update their login credentials before they can log in to their account. The table provides support amounts based on the parents’ net income and the total number of children for which support is owed. Find more information on family law issues and Pennsylvania laws in our section on Pennsylvania Divorce & Family Laws. withholding of Pennsylvania welfare benefits, or other collection methods. 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. Within those parameters, however, there is some flexibility to account for the child’s reasonable needs, the paying parent’s ability to provide support, and for particular custody arrangements. In our example, father is the obligor, so the Basic Child Support Obligation is multiplied by father’s percentage of the combined income ($1,795 x .58 = $1,041.10). It's important to understand how child support payments can alter unemployment benefits. Once you’ve established a child support order, you’ll need to collect support from the other parent. Determining the Amount of Child Support. See Pa. R.C.P. They are in the middle of a custody battle. While these factors may support an adjustment up or down of the payment amount, there are still other expenses that impact support payments. The guidelines are simply a fee schedule of basic child support obligations. 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. 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. There are 3 children 14, 16, and 18. A child support award is based on Pennsylvania child support guidelines. Child support is a parent’s court-ordered payment to help with the costs of raising a child. A Pennsylvania child support order requires one parent to make a monthly payment to help cover the costs of raising a child. See 231 Pa. Code Rule 1910.16-4 (2020). If you…, Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. In situations where neither parent has health coverage, one or both will have to get it to cover the child. 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. The duty to pay child support in Pennsylvania ends once a child reaches age 18 or graduates from high school, whichever occurs last. 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. Once the parties’ monthly net incomes are determined, Pennsylvania child support is calculated in a few steps. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Here’s how child support … If you’re having trouble collecting child support, contact the Pennsylvania Child Support Program for help. Primary custody of the child(ren) is determined by who has the most of overnights with the child(ren) in a year. 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. Net income includes income from any source, including wages, salaries, commissions, bonuses, interest, rental income, etc. These additional expenses are split in accordance with the parties’ percentages of the combined monthly net incomes. 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. Child support payments are necessary to help ensure that the child's needs are met. This means it doesn’t matter if your spouse had some major expenses, child support still must be paid. If a child has special needs, Pennsylvania Education Code allows that child to stay in school until age 21. Child support is generally payable to the parent with primary custody of the children by the parent with partial custody of the children. In this case, it extends to graduation. Select your state from the dropdown menu to get specific information on how to apply for child support. 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. Welcome to the Pennsylvania Child Support Estimator. Individuals facing child support proceedings are well advised to obtain a consultation from an experienced Pennsylvania divorce attorney. For more on applying for, paying, and enforcement of child support in Pennsylvania, see the Pennsylvania Child Support Handbook. 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. That situation results in an offset. Virtually all of these divorces will be impacted by child support issues. Many services are offered to those families who qualify, including: Locating the non-custodial parent This tool can be used to estimate the amount of your monthly child support amount. In Pennsylvania, parents typically pay child support until the child turns 18, with exceptions. Q: In Pa. does child support lower after the eldest of 3 children turns 18 and graduates high school? Cooley & Handy understands the challenges you are facing right now. are not included in this adjustment, as they are presumed covered by the monthly basic child support obligation. 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. In Pennsylvania, child support obligations typically cease when a child reaches the age of majority, 18. An obligor would have to pay their percentage portion of the combined net incomes for daycare. Obviously, calculating child support in Pennsylvania is not entirely straight forward. 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). 1910-16.4(c)(1). A court can modify a child support order if either parent experiences a material and substantial change in circumstances. 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. I was told by my attorney that the child support would remain the same amount even after the eldest child turned 18. 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. Having an order from a judge for child support to be paid does not automatically open a child support case. Paycheck withholding, worker’s compensation and unemployment benefit withholding. That's the total amount both parents are responsible for (for example, 2044) Divide that total by the percentage net income of each parent to get each parent's responsibility (for example, 50% of 2044 is 1022 for each parent) How To Calculate Child Support Using Simple Table. Other circumstances, such as split custody can also affect the amount of child support payable under Pennsylvania law. Attorneys and employers can update their accounts by … © Cooley & Handy Attorneys At Law, PLLC. See Child Support in Pennsylvania for … However, in general, child support in Pennsylvania is calculated as follows. In other words, in addition to the basic child support obligation, father owes mother 58% of her childcare costs. after-tax incomes). If the settlement is under $5,000, then child support documentation need not be submitted. Or maybe you're the one who owes child support to an out-of-state spouse. On the other hand, a court could order child support payments for a disabled child to continue past the child’s 18th birthday. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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’s child support estimator can give most parents a good idea of the amount of support. There are, however, many nuisances to the formula. 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. First, determine the combined monthly net income of both parents. For the father ($5,000 / $8,000 = 58%) for the mother ($3,000 / $8,000 = 42%). In Pennsylvania, child support is calculated based on the income and certain expenses of both parents. 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 laws assume that the custodial parent already spends money directly on the child. Finally, adjustments are made to the recipient’s monthly basic child support based on certain additional expenses of the children. To open a case in California, fill out the online application or visit your local child support … Payments are cut short when a child becomes emancipated. In Pennsylvania, all parents have a financial duty to support their children. Sources for PA laws governing child support are located here. Also, his or her driver's license (and any professional license) may be suspended. Where a parent is willfully unemployed or underemployed, a court can impute income, meaning, come up with an amount that this parent should be making, based on factors like age, health, employment history, education, and childcare responsibilities. 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”). However, in certain circumstances, such as when the child has disabilities, the obligation can continue. Rents and net gains from business or dealings in property, count too. It is only an estimator. If a parent doesn't pay, he or she can be held in contempt and fined or sent to jail. Call to Schedule Your Consultation: 215.345.8000. Child support arrears are the amount of child support that is delinquent, or unpaid, by the noncustodial parent to the custodial parent. There is no tax credit for paying child support. 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. The … If you have an account for your child support case, click here to complete this one-time update. When the obligor does not make proper payment, he or she is considered to be in arrears. 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. 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