Calculating Child Support in Pennsylvania

When parents separate or get divorced, the custody of their shared children is a top priority. Besides living arrangements and custody schedules, child support may be one of the highest factors divorced parents face. Who should be making payments, how much should they be paying, and when do they owe money are all questions that can cause tension. We can help you in your child support decisions.

If you have been ordered by a judge to pay child support, it’s easy to get confused by the nuances of the law and how the payments are calculated in Pennsylvania. The Pittsburgh child support lawyers at Pittsburgh Divorce & Family Law, LLC have helped clients handle this frustrating experience countless times. Attorney Anthony Piccirilli can help you calculate accurate child support payments.

What is Child Support?

In Pennsylvania, child support is defined as a monthly payment made by a non-custodial parent used to maintain a child’s existing standard of living. This payment is received by the parent with physical custody (the custodial parent) and is used for the child’s needs. Contrary to popular belief, these payments can be used for any expense related to the child, such as school fees, entertainment, and extracurricular activities. It is a widely held misconception that child support payments can only be used for covering a child’s bare necessities, such as housing and food.

Strangely, the courts do not require the custodial parent to prove how the payments are spent, except when a child’s basic needs are being neglected. The courts see monitoring the spending of child support payments as a privacy violation. Since the custodial parent has taken on the task of attending to the day-to-day needs of the child, it is assumed that the money is being spent responsibly.

How Do the Courts Determine Support Calculations?

Pennsylvania uses the “Income Shares” model as the starting point for child support calculations. The concept examines the household’s total income. The model looks at both parents’ contributions to estimate the funds available to the child if the household had remained intact. This total is then divided between the parents based on their respective contributions to the combined income.

This total is a useful place for calculations to begin, but there are other factors that can change the expected payments.

What Factors Affect Child Support Calculations in PA?

The amount of child support that a non-custodial parent must pay depends on several variables. When drafting a custody order, a judge will always prioritize the well-being of the child. This tends to result in child support payments going beyond a child’s true financial needs.

Factors that are commonly considered when determining a child support payment include, but are not limited to:

• The number of children that will be affected by the custody order
• The monthly and yearly income of the parent without physical custody (non-custodial parent)
• The amount the non-custodial parent currently pays in child support from a past relationship
• The amount currently paid by the non-custodial parent in health insurance payments
• The monthly and yearly income of the parent with physical custody (custodial parent)
• The amount currently paid by the custodial parent in health insurance payments
• The monthly and annual cost of daycare paid by the custodial parent

How Do I Start My Child Support Calculations?

Calculating child support starts with understanding your financial situation and your child’s needs. Begin by gathering essential financial information, including income, childcare expenses, and any extraordinary costs like medical bills or education expenses. This foundation will help ensure an accurate calculation that reflects your family’s circumstances.

Beyond the numbers, child support is about ensuring your child’s well-being. A child support lawyer not only helps clarify the calculations but also facilitates communication with your co-parent to negotiate an agreement that prioritizes your child’s best interests. Starting with legal support gives you the confidence that your calculations are fair, accurate, and manageable. Let us help you get started.

FAQs About Calculating Child Support in Pennsylvania

Can child support payments be modified if my financial situation changes?

Yes, child support orders can be modified in Pennsylvania if there is a substantial change in circumstances. For example, if you lose your job, experience a significant increase in income, or if the child’s needs change due to medical or educational expenses, you can petition the court for a modification.

What happens if the non-custodial parent refuses to pay child support?

If the non-custodial parent fails to pay child support, enforcement actions may be taken. These can include wage garnishment, seizure of tax refunds, suspension of a driver’s license, or even legal penalties. The custodial parent can work with an attorney to ensure the support order is enforced.

How does shared custody impact child support payments?

In shared custody arrangements, child support may still be required, but the amount could be reduced. The court calculates support based on the time each parent spends with the child and the income of both parents. Shared custody cases often involve more nuanced calculations to ensure fairness.

Are bonuses or irregular income included in child support calculations?

Yes, bonuses, commissions, and other irregular income are typically included in child support calculations. Courts may average irregular income over time to arrive at a consistent payment amount. It’s important to provide detailed records of all income sources.

Does remarriage affect child support calculations?

While the income of a new spouse is not directly considered in child support calculations, it may affect the parent’s overall financial situation. For instance, if a new spouse contributes to household expenses, it could influence the court’s view of the parent’s ability to pay.

How are extraordinary expenses like medical bills or private school tuition handled?

Pennsylvania courts consider extraordinary expenses, such as medical bills, private school tuition, or special needs care, when calculating child support. These expenses can lead to deviations from the standard support guidelines to ensure the child’s needs are met.

Can parents agree on child support amounts without going to court?

Yes, parents can negotiate and agree on child support amounts outside of court. However, it is recommended that the agreement be formalized through the court to ensure it is legally enforceable.

How are self-employed parents’ incomes calculated for child support?

For self-employed parents, courts review tax returns, profit and loss statements, and other financial documents to determine income. Courts may also add back certain deductions taken for business purposes if they are deemed personal expenses.

What happens if my co-parent is underreporting their income?

If you suspect your co-parent is underreporting income, you can request the court to conduct a thorough financial investigation. This may involve subpoenaing financial records or hiring a forensic accountant to uncover hidden income or assets.

Is child support mandatory if the custodial parent earns more money than the non-custodial parent?

Child support may still be required even if the custodial parent earns more money. The court considers the combined income of both parents and the child’s needs when determining the amount. However, the higher earning capacity of the custodial parent may influence the final calculation

Contact Pittsburgh Divorce & Family Law, LLC

If you are the non-custodial parent, it can sometimes feel as though you’re being taken advantage of and being treated unfairly. You certainly want to maintain your child’s standard of living, but you do not want to be extorted. Learning that you will be unable to monitor how the payments are spent can be even more off-putting.

The Pittsburgh support lawyers at Pittsburgh Divorce & Family Law, LLC know that going through a divorce is very frustrating and stressful. At the very least, you should be able to expect that you are not being treated unfairly. Attorney Anthony Piccirilli will work tirelessly to ensure that your child’s best interests are the number one consideration when calculating child support.

Call (412) 471-5100 today to find out how you can play a role in shaping your child support payments.