Child support in Pennsylvania is based upon the net monthly income (after tax) of both parents. However, under certain circumstances, the court can assess a parent an earning capacity different from their actual income. A few, non-inclusive examples of situations where the court may assess a parent an earning capacity are as follows:

• when a parent is underemployed based upon his or her backround
• when a parent is working part time when he or she physically can work full time, regardless of whether his or her job offers full time employment
• when the parent paying support has voluntarily reduced his or her income by quitting, getting fired or placed in jail.

Upon the court determining the net income of both parents, whether by actual incomes or earning capacities, those figures are then plugged into the Pennsylvania Support Guidelines (Rule 1910.16 of the Pennsylvania Rules of Civil Procedure) to determine the base, guideline amount of child support.

Upon the court determining the base, guideline amount of child support, there are a number of circumstances where the court may deviate up or down from the guideline amount. A few non-inclusive examples of circumstance where the court may deviate from the guidelines are as follows:

• daycare expenses
• extracurricular expenses
• private/catholic school expenses
• summer camp expenses
• when the parent paying suppor has at least 40% custody of the applicable children (see below for further explanation)

Once the amount of child support is determined and an Order entered, the support continues until the children become emancipated, which is generally when the children turn eighteen and graduate from high school. Upon the children becoming emancipated, the support terminates. However, from the time an original Order for child support is entered until it is terminated, either parent can request a modification of the support up or down if there are “material and substantial” changes in the financial circumstances of either parent. A few examples of such changes where a modification may be appropriate are as follows:

• a parent involuntarily loses their employment
• primary custody changes hands
• a parent obtains a new job at a significantly higher pay rate.
• a parent involuntarily has a reduction in their income.

An often asked question in child support cases is whether a parent is obligated to pay a child’s college/post secondary education expenses. As noted above, child support terminates upon a child becoming emancipated, which is generally when the child reaches the age of eighteen and graduates from high school. Consequently, a parent is not obligated by the Pennsylvania Support laws to pay for college/post-secondary education expenses. However, if a parent agrees to pay for college/post-secondary education expenses separate from their child support action, that agreement may be enforceable as a contract and that parent may then be forced to pay for college/post-secondary education expenses of their children.

For a detailed explanation of your child support rights, options, and possible consequences, please contact our office at 412-374-1424 to schedule a free initial consultation.