Child support in Pennsylvania is based on the net monthly incomes (after tax) of both parents. "Net monthly income" is determined one of two ways: By either actual income or earning capacity in the event a parent has the ability to make more money based upon their background but are not due to only working part-time, acting in a manner that gets themselves fired, voluntarily taking a lower paying job or are otherwise underemployed. For example, in the event one parent is working part-time when they have the physical ability to work full-time (even if their employer does not offer full-time work), the court will generally assess that person a full-time earning capacity based upon their work experience, wage history, education, etc.

Once net monthly incomes are determined for both parents (by either actual incomes or earning capacities), those numbers are plugged into the Pennsylvania Support Guidelines, the result of which becomes the starting point for child support. The starting point number for child support can then deviate up or down based upon multiple circumstances of the parties, such as the person paying support reaching at least a 40% level of custody, private school tuition, daycare expenses, certain activities of the child(ren) and other circumstances described in the support guidelines. Further, if health insurance is available to the parent paying support at a reasonable rate, that parent will be required to maintain insurance covering the child(ren) and will be credited a certain amount based upon the cost of the insurance and the incomes/earning capacities of the parties. The parent receiving the child support will then be required to pay the first $250.00 per year per child for any medical expenses not covered by insurance. After the first $250.00 per year, each parent will then be required to contribute towards unreimbursed medical expenses at a percentage to be determined by the court.

An issue of importance and common inquiry in child support cases is whether child support and custody are related in the sense of "I pay support and therefore have a right to a certain level of custody". Custody and child support are not related in that manner and consequently, paying child support does not give a parent the right to any level of custody. Filing an action for custody and establishing it is in a child's best interest for a parent to have a certain level custody is the only factor considered when determining custody rights. However, if a parent paying child support reaches a 40% threshold of custody (measured by overnights), that parent does has a right to a downward deviation in the child support they pay as described above. As a parent increases their custody time upwards from 40%, the child support would continue to deviate downward until that person has more than 50% custody, at which time the support obligation would end and the other party would be required to pay child support.

Finally, an obligation to pay child support ceases upon the child(ren) reaching the age of eighteen or graduation from high school, whichever comes later.

As with all areas of the law, there are exceptions to the child support laws and other scenarios not fitting into the above explanation. For further information, please contact the office and we will be happy to discuss your case in detail within a free consultation.