Use this Pennsylvania child support law to learn about
your child support rights and responsibilites.
How is Pennsylvania child support determined?
In Pennsylvania, either or both parents may be ordered to
provide child support, based on their ability to pay. The courts will consider:
- the net income, assets and earning power of the parents
- any unusual needs of the child or the parents
- any extraordinary expenses
There are official Pennsylvania Child Support guidelines,
designed to be in the best interests of the child, that the courts use to help
determine the correct amount of child support. These guidelines will be
followed, unless the parents have agreed to a child support amount approved by
the court, or the court finds these guidelines unjust for a particular case.
The formula used in the guidelines to determine each parent’s support
obligation is based on the combined income of both parents, and then determines
each parent's pro rated share of the base support amount.
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age or the child graduates from high school, whichever occurs later. A child
will also automatically be ineligible for child support is removed from
disability status by a court order.
Pennsylvania's custody guidelines:
Generally, the parents agree upon decisions about parenting and
custody. If there is no agreement between the parents, then the courts will
make these decisions.
In Pennsylvania, joint or sole custody may be awarded based on
the best interests of the child, and the following considerations:
- which parent is more likely to promote frequent physical
contact between the child and the other parent
- whether either parent has a history of violent, abusive or
harassing behavior
In considering custody, the recommendations of a counselor may
be used by the courts. Both parents may be required to attend counseling
sessions regarding the child's custody. When joint custody is a possibility,
the courts may require the parents to submit a joint
parenting plan.
Pennsylvania's medical insurance guidelines:
If health care is available at a reasonable cost to the
non-custodial parent through employment or other group coverage, the court will
require that the non-custodial parent provide coverage to the children.
The same applies to the custodial parent. Unless the
non-custodial parent is already providing health care to the children, the
custodial parent must provide coverage if it is available to them at a
reasonable cost through employment or other group coverage.
If custody is shared, and health care coverage is available to
both parents, the court will require that one or both parents provide coverage
of the children. In determining which of the parents will provide health
coverage in this case, the court will consider financial ability of the parties
and the extent of coverage available to each parent.
If neither the non-custodial parent nor the custodial parent
have access to employment related benefits, the court will order that one or
both parents obtain health care coverage for the children which is available at
a reasonable cost.
For any uninsured expenses, the court will divide the
deductible between both parents. The court will also likely assign to
each parent a percentage of all uninsured expenses that have accumulated prior
to the filing of the divorce.
Within thirty days of the order requiring health care coverage
or after any change in employment or coverage, the parent responsible for
providing health care coverage must provide proof of coverage by submitting:
- the name of the health care provider
- the identification number
- insurance cards
- the address to which claims should be sent
- a description of all restrictions on usage
- a copy of the benefit booklet or coverage
- a description of all deductibles and co-payments
- copies of claim forms
How permanent are the provisions for Pennsylvania child
support and custody ?
Court orders providing for support and custody of children are
subject to change or modification to reflect significant changes in income,
and/or living arrangements of the children.
While all orders concerning the children are modifiable in the
future, we encourage you to not enter into an agreement based on the idea that
it can always be changed or modified later.
Wage garnishment for child support payments:
Most states have a provision for withholding child support
directly from the earnings of the parent who has been ordered to provide
support. The payments are withheld much like income tax is withheld from
earnings payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the parent designated to receive
the support.
How does joint custody work?
Joint legal custody has become commonplace in much of the
nation.
Specifically, joint legal custody is a form of custody of minor
children that requires both parents to share the responsibilities of the
children, and for both parents to approve all major decisions related to the
children.
While joint legal custody is a 50-50 sharing of
responsibilities and major decisions affecting the children, it is rarely in
conjunction with a joint physical custody order (a 50-50 sharing of time with
the children). Often one parent is named as the primary physical custodian and
the other parent is granted visitation or partial physical custody rights.
How Pennsylvania determines child visitation:
Generally, parents are free to spend time with their children
at all times that are mutually agreed to by both parents. However, when parents
cannot agree to exactly when visitation will occur, a standard partial custody
schedule accepted most everywhere in the nation is:
- every other weekend
- four to six (4-6) weeks during the summer
- alternating holidays
Partial custody rights, however, will be granted based on the
unique circumstances of each situation.
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