Pennsylvania child support basics encompass the fundamental principles governing financial support obligations for children, calculated using the income shares model based on both parents' combined net incomes to determine the amount of support reflecting what children would receive if parents remained together, with support continuing until children turn 18 or graduate from high school whichever occurs later unless special circumstances warrant extensions.
Purpose of Child Support in Pennsylvania
Pennsylvania child support serves to ensure children receive adequate financial support from both parents regardless of whether parents live together, are separated, or divorced.
Basic Principle
Child support in Pennsylvania is based on the fundamental concept that children should receive the same proportion of parental income and maintain the same standard of living they would experience if their family remained intact and living together.
What Support Covers
Pennsylvania child support payments help cover children's basic needs including:
Essential Living Expenses:
- Housing costs (rent or mortgage payment, utilities)
- Food and nutritional needs
- Clothing and personal items
- Educational expenses (school fees, books, supplies)
- Healthcare (medical, dental, and vision care)
- Transportation costs
- Extracurricular activities supporting development
Support ensures children's reasonable needs are met, maintaining appropriate standards of living despite parental separation.
Both Parents' Legal Obligation
All parents have legal duties to support their children financially. This obligation applies to:
- Biological parents regardless of marital status
- Adoptive parents with legal parental rights
- Parents with limited or no contact with children (unless parental rights legally terminated)
- Married, separated, and divorced parents equally
Even unemployed parents can be ordered to pay support unless unable to work due to disability. Voluntary unemployment or job loss for cause typically doesn't relieve support obligations.
Who Pays and Who Receives Support
Pennsylvania child support typically flows from the noncustodial parent to the custodial parent, though shared physical custody arrangements create different dynamics.
Custodial vs. Noncustodial Parents
Custodial Parent
The parent with whom children live most of the time, who receives support payments and manages children's daily expenses including housing, food, and necessities
Non Custodial Parent
The parent without primary custody who typically makes support payments to help cover children's expenses in the custodial household
Support in Shared Custody
When children split time fairly equally between parents in shared physical custody arrangements:
- The parent with higher income typically pays reduced support
- Support doesn't automatically disappear even with exactly 50/50 custody
- Calculations account for each parent's custody time and income
- Both parents still share responsibility for raising children financially
Calculating Child Support
Pennsylvania uses the income shares model for calculating child support, ensuring children receive appropriate portions of both parents' incomes.
Step-by-Step Calculation Process
Step 1: Determine Gross Income
Calculate each parent's gross monthly income from all sources including:
- Wages and salaries from employment
- Self-employment income
- Bonuses, commissions, and tips
- Rental property income
- Investment income and dividends
- Retirement and pension benefits
- Disability and workers' compensation
- Unemployment compensation
- Alimony received (when appropriate)
- Other income sources
Public assistance including Supplemental Security Income (SSI) doesn't count as income.
Step 2: Calculate Net Income
Subtract only allowable deductions from gross income:
- Federal, state, and local income taxes
- Social Security and Medicare (FICA) taxes
- Unemployment compensation taxes
- Mandatory retirement payments
- Mandatory union dues
- Alimony paid to the other parent
Note that net income for support purposes differs from tax return or paycheck net income, only specific deductions apply.
Step 3: Combine Parents' Net Incomes
Add both parents' net monthly income together to determine combined net monthly income used for guideline calculations.
Step 4: Find Basic Support Obligation
Using the Pennsylvania basic child support schedule (Pa.R.C.P. 1910.16-3):
- Locate combined net income in the left column
- Find number of children in top row
- The intersecting amount is the basic combined support obligation
Step 5: Calculate Each Parent's Share
Divide each parent's individual net income by combined net income to determine their percentage of total income. Multiply the basic support obligation by the noncustodial parent's percentage to determine their individual support obligation.
Step 6: Adjust for Additional Expenses
Add proportionate shares of additional expenses including:
- Child care costs necessary for work or education
- Health insurance premiums covering children
- Private school tuition or summer camp
- Mortgage payment on marital residence (in some cases)
- Unreimbursed medical expenses over $250 per child annually
Example Calculation
Parents have a combined net monthly income of $6,000 with two children. The noncustodial parent earns $3,600 (60% of combined income).
- Basic support obligation from schedule for $6,000/two children: $1,436
- Noncustodial parent's share: $1,436 × 0.60 = $861.60
- Add health insurance adjustment if applicable
- Final support order reflects adjusted total
Deviations from Support Guidelines
The amount calculated using Pennsylvania guidelines is the "presumptive amount of support," but judges may deviate from the guidelines when circumstances warrant.
Reasons Courts May Deviate from the Guidelines
Judges consider all relevant factors when deciding whether to deviate, including:
Financial Considerations:
- Whether paying parents have sufficient income left to meet their own basic needs (self-support reserve of $931 monthly)
- Parents' relative assets and liabilities beyond income
- Other support obligations for children from other relationships
- Other income in the household (new spouse's income, etc.)
- Unusual fixed obligations affecting ability to pay
Child-Specific Factors:
- Children's ages and developmental stages
- Unusual needs requiring extraordinary expenses
- Medical expenses not covered by insurance
- Special education or therapy requirements
- Children's best interests overall
Parental Circumstances:
- Standard of living of both parents and children
- Earning capacity vs. actual earnings
- Educational expenses benefiting children
- Extraordinary debts (though courts ignore voluntary luxury spending)
Courts balance ensuring adequate child support against recognizing legitimate exceptional circumstances.
Adjustments for Custody Arrangements
Pennsylvania child support calculations account for custody arrangements affecting how much time children spend with each parent.
Standard Assumption
Basic guidelines assume children spend 30-40% of time with the noncustodial parent (obligor) who pays support. When children have little or no contact with the obligor, that parent may pay more support than guideline amounts.
40% or More Custody Time
When children spend at least 40% of overnights (146+ nights annually) with the paying parent, Pennsylvania law presumes the basic child support obligation will be reduced, typically by amounts reflecting the obligor's increased direct expenses for children.
50/50 Custody Arrangements
Even when parents split parenting time exactly equally, the higher-earning parent typically still pays reduced support ensuring children's needs are adequately met in both households.
The presumption of reduced support is "rebuttable," meaning the receiving parent (obligee) may argue against reductions based on specific circumstances.
Duration of Support Obligations
Pennsylvania child support orders have defined start and end points based on children's ages and circumstances.
Standard Duration
Support obligations continue until children turn 18 or graduate from high school, whichever occurs later. This ensures support continues for children still in high school after turning 18.
Extended Support
Support may continue past age 18 and high school graduation for children unable to support themselves due to physical or mental conditions preventing independence.
No College Support Requirement
Pennsylvania law doesn't require parents to pay child support for college expenses. Support obligations end at high school graduation for children over 18 without qualifying disabilities.
Enforcement of Support Orders
Pennsylvania employs multiple mechanisms ensuring support payments are made as ordered.
Wage Attachments
Most Pennsylvania child support is collected via wage attachments where:
- Support deducts directly from paying parent's paychecks
- Employers send payments to state for distribution
- Collections occur automatically without requiring recipient action
Additional Enforcement Methods
When support payments are more than 30 days late, Domestic Relations can:
Financial Intercepts:
- Seize federal and state tax refunds
- Intercept unemployment compensation
- Attach workers' compensation benefits
- Seize lottery winnings
License Suspensions: Parents more than three months behind lose:
- Driver's licenses
- Hunting and fishing licenses
- Professional licenses
Property Actions:
- Place liens on real property
- Attach and seize assets in financial institutions
- Reduce arrears to judgments for collection
- Authorize sheriff sales of belongings to collect back support
Contempt Proceedings: Courts can fine and/or imprison parents who willfully fail to pay support, with potential jail sentences until obligations are satisfied.
Modifying Support Orders
Pennsylvania child support orders can be modified when circumstances materially and substantially change for either parent.
Grounds for Modification
Changes warranting support modifications include:
- Income increases or decreases for either parent
- Job changes, raises, or unemployment
- Changes in custody arrangements
- New ongoing child care costs
- Changes in medical insurance or healthcare needs
- Parent's incarceration
- Parent's remarriage affecting finances
- Updates to state guidelines (every four years)
Modification Process
Either parent can request Domestic Relations, schedule a modification conference to review changed circumstances and adjust support accordingly. Parents also have the right to request reviews every three years even without specific changes.
No automatic reviews occur, parents must affirmatively request modifications when circumstances change.
Establishing Support Orders
Parents can establish child support through multiple pathways depending on their circumstances.
Through Divorce Proceedings
Parents filing for divorce in Pennsylvania can request child support as part of divorce proceedings, with support determined alongside custody, property division, and other divorce-related issues.
Through Domestic Relations
Parents not married or seeking support outside divorce apply through county Domestic Relations offices:
- File Complaint for Support (no attorney or filing fee required)
- Domestic Relations schedules conference before Conference Officer
- Parties bring income documentation (pay stubs, tax returns)
- Conference Officer calculates support using guidelines
- Parties can agree (consent order) or receive interim order
- Either party can appeal within 20 days to hearing before judge
Support orders can be made retroactive to filing date, creating arrearages for unpaid support from that date forward.
Looking Forward
Pennsylvania child support basics center on the income shares model calculating support obligations from both parents' combined net incomes to ensure children receive the same proportion of parental income and maintain the standard of living they would experience in intact families, with support continuing until age 18 or high school graduation whichever occurs later unless special circumstances warrant extensions for children unable to support themselves due to disabilities. Understanding these Pennsylvania child support fundamentals, including how support orders are established through Domestic Relations conferences calculating the amount of support using state guidelines accounting for net monthly income after subtracting allowable deductions like taxes and mandatory union dues, how additional expenses for child care, medical insurance, and private school adjust basic obligations, how shared physical custody reduces support payments through custody time adjustments, and how enforcement occurs through wage attachments, tax refunds interception, and license suspensions, ensures parents fulfill their legal responsibilities while protecting children's rights to adequate financial support for raising children in accordance with reasonable needs and parental earning capacities regardless of whether families remain together or separate.