Will My Ex Still Pay Child Support If I Make More Money?Published: Oct 11, 2020 in Child Custody, Child Support
Written by Anthony Piccirilli
If you have custody of your child and make more money than your ex, you may wonder just how much, if any, they will pay in child support. It’s important to understand how child support is calculated in Pennsylvania and when it can be modified or terminated.
If you have questions about child support or your ex is not paying it, contact Pittsburgh Divorce & Family Law, LLC today. We will determine how to approach your case and help you get what you need for your family. Call us at (412) 471-5100 or use our online contact form.
How Is Child Support Calculated in Pennsylvania?
All parents have a financial duty to support their children in Pennsylvania. A child support order may be issued to establish a specific amount that one or both parents must pay monthly to help cover the costs of raising a child.
Child support is generally paid from a noncustodial parent to a custodial parent, who spends the most amount of time with the child. Pennsylvania law assumes that the custodial parent spends money directly on the child, so they do not typically pay child support to the other parent.
Child support is calculated based on Pennsylvania child support guidelines, which can be found at 231 Pa. Code Rule 1910.16-4 (2020). They consider the number of children and income of both parents. Although there is a formula used to determine how much a noncustodial parent should pay in child support, the court will also consider the child’s other reasonable needs, the noncustodial parent’s ability to pay, and support and custody agreements.
What If I Make More Money Than the Other Parent?
If you make more money than the other parent, then you may be seen as having the ability to contribute more to your child’s needs. However, the court will also consider your expenses, time spent with the child, standard of living, and any extra expenses you may be covering, such as private school or health insurance.
If you are the noncustodial parent and make more money than the other parent, it is likely that your percentage of financial responsibility to your child will be higher than theirs. If you are a custodial parent and make more than the other parent, your obligation might be higher, but you will not have to pay child support. Instead, the noncustodial parent will pay their share to you, even if it is a lower percentage of the total obligation.
Make an Agreement With The Other Parent About Child Support
If the way that child support is calculated seems unfair to you, you can make an agreement with the other parent that is in the best interests of everyone involved. For example, if there are typically unconsidered travel expenses or you have taken on most of the marital debt after the divorce, you can make an agreement about how much child support would be fair and cover your child’s needs.
It’s best to work with an attorney to negotiate with your ex and help you develop an agreement that everyone can be happy with. Once an agreement is drafted, we can get it approved by the court and child support payments will begin.