Child & Spousal Support
The law in the Commonwealth of Pennsylvania for child support is to set an amount which the non-custodial parent must pay based on his/her income combined with the income of the custodial parent to maintain the child/children. Every parent has an obligation to pay child support no matter how small their income. Support can be set based on imputed income if the individual refuses to or fails to become employed. An individual may not cause his/her income to be reduced solely to pay less child support.
The Pennsylvania Supreme Court has set forth support guidelines for total monthly income of both parents up to $15,000.00. The Pennsylvania Supreme Court has also set forth a formula for determining the amount of support if you are unable to use the guidelines. Pa Rules of Civil Procedure, Rules 1910.16-3.
RULE 1910.16-3 SUPPORT GUIDELINES. [FORMULA] BASIC CHILD SUPPORT SCHEDULE AND CHART OF PROPORTIONAL EXPENDITURES
(a) Basic Child Support Schedule. The following schedule sets forth the amounts spent on children in intact families by combined income and number of children. Combined income is on the vertical axis of the schedule and number of children is on the horizontal axis of the schedule. This schedule is used to find the basic child support obligation. Unless otherwise provided in these Rules, the obligor’s share of the basic support obligation shall be computed using the formula set forth in Part I of Rule 1910.16-4.
In the Pa Rules of Civil Procedure the Pennsylvania Supreme Court has also addressed the issues of deviation from the guidelines, Rule 1910.16-5; Health Insurance Premiums, Unreimbursed Medical Expenses, Private School Tuition and summer camp and Mortgage Payments, Rule 1910.16-6; guidelines when there are multiple support families, Rule 1910.16-7. You must first look to the Pa Rules of Civil Procedure before making any determination in the matters of support. Most attorneys who work in the Domestic Law area should be able to calculate the child support if given the income from both parties along with any other issues addressed by the rules.
Child Support Guildelines