Pennsylvania Child Support Guidelines

Whether parents separate, divorce, or were never together as a sustained couple, one of the hardest issues for them to resolve is child custody and child support. In most instances, the non-custodial parent (NCP) pays the parent with primary physical custody a specific amount of child support each month.

Parents can sometimes negotiate a child support agreement without going to court. The only other option for resolving child support disputes is by going before a judge. The judge will then determine whether either party deserves child support and, if so, how much.

When calculating child support, the Pennsylvania courts rely on the state’s child support guidelines. They will also entertain other factors, such as which parent pays insurance premiums for the child’s healthcare.

In Pennsylvania, child support obligations normally last until the child turns 18. They can last longer if the child is still in high school at that age or has a physical or mental condition requiring extra support.

This article will examine how the Pennsylvania child support guidelines work and the factors the courts consider when determining how much child support the NCP must pay. Read on for a better understanding of what shapes child support payments in Pennsylvania.

How To Request Child Support in Pennsylvania

When a married couple with children gets divorced, they must resolve all issues related to the children. For example, they must decide who will have primary custody of the children. They’ll also have to agree on a custody arrangement.

These two decisions will directly impact the amount of child support the NCP will pay. The parent who spends the most overnights with the kids will receive child support.

As part of the final divorce, the parties must present their custody and child support plan to the judge for approval. If the judge approves the arrangement, they will sign a child support order. This court order will outline which party will pay support and how much they will pay.

The process for securing child support is different for parents who were never married. Since there was no marriage, there will be no divorce settlement. If the parents cannot agree on custody and child support, they’ll have to go before a family law judge.

The judge will treat this child support case like any other. They’ll gather the relevant financial information from both parties, input it into the child support worksheet, and calculate the amount of child support due each month.

The Actual Process for Requesting Child Support in Pennsylvania

Regardless of whether the parents were together for a decade or a single evening, the majority of child support cases start with a parent filing an Application for Child Support to the Pennsylvania Department of Human Services. The party requesting support can also submit this form to the local Domestic Relations Section (DRS) in their county.

Officials can help you with the following:

• Locating the noncustodial parent
• Establishing paternity
• Establishing child support obligations
• Collection and distribution of support
• Enforcement of support obligations

Calculation of Support

The courts determine child support obligations by examining the reasonable needs of the child and the ability of the NCP to meet that amount. They use a set of support guidelines created by the Pennsylvania Supreme Court.

The formula used by the judge to calculate child support is somewhat complicated. The most significant factors are each party’s income, daycare/childcare expenses, the cost of medical insurance, Social Security benefits the child may be receiving, and the children’s living arrangements.

The court automatically reviews the child support order every four years to determine whether the amount should increase or decrease. Parents can also submit a request for modification.

Does the NCP Always Pay Child Support?

The non-custodial parent is usually the party who must pay child support. It’s not unheard of for the custodial parent to pay instead. Sometimes, it may depend on which parent has the higher income.

Even if the NCP has fewer overnights with the kids, they may not have to pay child support. If the disparity between a custodial parent with a high income and an NCP with a significantly lower income is great enough, the court may order the higher-earning parent to pay the larger share of the child support.

The court’s primary concern when determining the basic child support obligation is the child’s best interests. This means more than meeting the child’s basic needs. Pennsylvania follows the income-shares model, which uses the notion that the child should receive the same proportion of their parents’ income regardless of whether they’re together or not. The child’s needs should be easier to meet under this model.

Pennsylvania Child Support Laws at a Glance

The following table highlights the main provisions of Pennsylvania’s child support laws. For further information, check out FindLaw’s articles on child custody, child support modifications, and child support enforcement.

Disclaimer: Pennsylvania laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a Pennsylvania child support attorney or conduct further legal research to verify your state laws.

Determining Child Support in Pennsylvania? Talk to an Attorney for Legal Advice

If you’re dealing with a contentious fight over child support, having an experienced family law attorney is a necessity. Familiar with both Pennsylvania’s child support laws and court rules, they can make sure you get the best results possible.

Whether modifying child support or having difficulty getting your ex to make their child support payments, a skilled Pennsylvania child support attorney can be an incredible asset. They’ll work hard to ensure that the judge orders a fair amount of child support and make sure payments get where they need to be.