Child Support

In Pennsylvania child support is governed by a fairly rigid set of guidelines which set forth the amount of child support owed based on the respective net monthly income of the parties. Once the net incomes of both parents are established, the number of children is included and a monthly support amount is calculated. The parent who earns less will generally receive child support from the higher wage earning parent, although this is contingent upon having a certain amount of physical custody of the child.

The parent receiving child support is called the obligee, and the parent paying child support is referred to as the obligor.

The amount of support owed can be affected by the custodial time each parent has, in that there may be a downward deviation in the amount of support owed if the parents have shared physical custody. Also, if the higher wage earner has primary or full custody of the child, they would not have to pay as much support as the money is intended to be used for the welfare of the child. In addition if the parent paying support has other children for whom they are paying support, the amount due may be reduced. Also, the total percentage of child support payments may not exceed a certain percentage of the obligor's income.

Many parents express concern that their payment are not being used for the care of the child and state a desire to either purchase items for the child directly, or to pay into a special account for the child to be used solely for the child's expenses and care. Unfortunately, that is not an option, and the child support payments are made directly to the other parent. The payments are typically taken directly out of the obligor's pay check, and provided to the oblige. If the obligor does not make payments there are various recourses which may be used to effectuate payment.

All children are entitled to child support from a non-custodial biological parent, or a non-biological parent who has held the child out their own. In any case, the obligation to pay child support is not dischargeable once it has been established, and will be owed until the child reaches the age of 18, or perhaps longer if the child is disabled. Also arrears, or non-paid support and interest may accrue even after the child has reached adulthood and remains an obligation that must be paid to the other parent even where the child is grown, since the reasoning is that the other parent had the burden of raising the child without any assistance from the other parent.

The amount of child support can be addressed any time there is a significant change in circumstances, including the loss of a job, injury or disability of the obligor. Also an increase in wages by either parent provides the basis for seeking a modification of the amount of child support. It is possible to change the percentage of total support owed by each party in addition to the actual amount itself. However, a voluntary reduction in earnings or self-removal from the workforce will not be considered factors in reducing the amount of child support. In the instance where one parent is either not working, or is underemployed, an earning capacity may be imputed by the court.

Also, child care costs may be included in the amount of child support payments, and is often calculated in proportion to the respective incomes of the parties.



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