Pennsylvania Child Support Secrets: What Divorce Lawyers Don’t Tell You

• While there are Pennsylvania child support guidelines, it can (and is often) deviated from, it doesn’t include all the expenses required to raise a child, and it isn’t applicable in all situations or circumstances;
• As mortgage interest rates continue to remain at or near 20-year highs, the prospect of keeping children in the home post-divorce becomes even more daunting, and will require creative solutions;
• With the significant increases in cost of living, what the guidelines output, and what your children need to thrive, may differ significantly;
• This topic has less to do with Pennsylvania child support law and more to do with money, negotiation, and as parents, doing what’s best for your kids;
• There is more than meets the eye on this issue and in the majority of cases, this subject is much too complex for you to try to resolve on your own;

That’s why you will get the best result by mediating with us.

All 50 states are required to have a systematic way by which to determine child support. So every state including PA has a child support guideline. But the way child support is determined varies from state to state. Some states use a simple percentage-based formula. You’d simply take a share of the supporting party’s income and make payment to the other party and you’re done. While some states, like Pennsylvania, use more of a comprehensive guideline. PA child support is determined using the “Income Shares” model.

The income shares model attempts to take into account a number of factors including:

• Your incomes;
• The number of overnights the children spend with each of you; and
• The ages of your children.

The guidelines are run and a basic child support obligation is outputted. But even when using the guideline, determining Pennsylvania child support isn’t as easy as you might expect.

Determining PA child support is more complex than it seems.

Because there are a number of issues you’ll face when using the PA child support guidelines “as-is.”

First is the issue of the number generated by the guideline. This amount is presumed to be appropriate in all cases. But it’s a lot more expensive to raise children in some parts of Pennsylvania such as Philadelphia or Pittsburgh than it is in other parts such as Lancaster County, for example.

Yet the same guideline is used state-wide!

So while the guideline may output an amount, you may still choose to deviate from it. And deciding whether it should go up or down can be a point of contention among divorcing couples.

Child support in PA may increase or decrease for any one (or more) of the following reasons:

• If either spouse has any unusual financial needs;
• What each of your shares of the division of your marital assets and liabilities will be per the terms of your settlement;
• If either or both spouses have other support obligations to a third-party;
• How old your children are;
• If either or both spouses have a source of income other than what is reported on your paychecks or W-2’s;
• Other non-marital assets and liabilities one or both spouses may own or owe;
• If the children have any extraordinary medical costs not covered by health insurance;
• What the standard of living was for the children during your marriage, and
• The always popular and eternally vague “any other factors deemed relevant including the best interests of the child.”

Then there’s the issue of which parent pays child support.

Typically, the parent with whom the children spend less time will be the party to pay child support. But what if that’s the parent who is also earning less?

Is it fair that this parent should have to pay child support based on what the guideline states even if it creates a financial hardship for that party? Can one parent waive child support on behalf of the children? And does that excuse the non-custodial parent from any financial obligations associated with the kids?

So while you might think you simply run the Pennsylvania child support guidelines and use the number calculated, it’s not even close. The reality is that the number isn’t a hard and fast formula, but rather, a suggestion. And it’s just a starting point for negotiation.

From there, it’s up to the parties to negotiate an agreement that’s in the best interests of their children and that both spouses find fair.

Which is not always so easy to do. Especially if one of you lives in a high-cost area such as Bryn Mawr or Newtown!

So far, we’ve talked about how the guidelines output a basic support obligation that one party may wind up paying to the other. And it’s based on a number of factors including your incomes, the number of overnights the kids spend with each of you and their ages.

But even when you run the Pennsylvania child support guidelines, there are still a number of other expenses that aren’t covered in the basic support obligation.

There’s also:

• Child care;
• Private school;
• Sports camps;
• PlayStations, X-Boxes, and Nintendo’s;
• SAT prep;
• Auto insurance;
• And more!

We refer to these as “extraordinary” expenses.

And as a parent, you know these types of expenses can be quite significant! Especially when your kid just has to have the new PlayStation 99 or is the next budding 1st baseman for the Phillies. Extraordinary expenses must be discussed and negotiated separately to ensure your children get the complete financial support they need and deserve.

Starting to see why that PA child support calculator you found free on the Internet isn’t helpful in determining child support?

In addition to the standard as well as extraordinary costs associated with raising children, you and your spouse will also need to discuss and come to an agreement on:

• Which party will pay for their health care coverage;
• Who takes the kids as a tax deduction;
• Whether or not to get life insurance to cover the children’s expenses should one party pre-decease the other before the kids are emancipated;
• How to pay for college;
• And how long child support will last as depending on your unique circumstances or situation, it may continue on past the normal age of emancipation.

Suddenly, the PA child support guidelines aren’t so comprehensive!

In order for the PA child support guideline to be applied “as-is,” your income and your spouse’s income must be predictable from month to month and year to year. So if one or both parties earn more of their compensation from bonuses, commissions, or stock options, the guidelines simply won’t work.

And if your income falls below or above certain limits, you can’t use the guidelines, either.

Meaning if you and your spouse collectively earn more or less than a set amount of income per year, the guidelines also won’t work. And that’s just one more example of why it’s called a child support guideline and not a child support formula.

In either case, you’ll have no choice but to skip the guidelines and negotiate instead.

Which is not always so easy to do.

There’s something you need to understand here: In a litigated PA divorce, a family law judge in court determines child support. Sounds scary, doesn’t it?

Because the judge will dictate the terms of the settlement by court order and both spouses might wind up with something they don’t think is fair or that doesn’t appropriately meet the needs of their children.

That’s why it’s better to negotiate this issue out of Pennsylvania court and that’s exactly what mediation is all about.

In mediation, you get to decide – and come to an agreement that puts your children first and you both agree is fair, instead of letting your future be decided by a stranger in a courtroom.

Child support issues will vary based on your situation and circumstances. And as you’ve learned, there is more than meets the eye on this topic. So don’t risk putting your children’s financial future in jeopardy by trying to resolve child support on your own.

Use divorce mediation and work with us instead!

Using our extensive financial knowledge of the complex matters of child support in PA, we’ll help you and your spouse determine an amount that accurately reflects the specialized needs of your children.

One that covers all ordinary, extraordinary, and future expenses.

• We’ll talk about who your children are, what they like to do, and what it will take to make sure they’re getting what they need and deserve. Not just what some guideline says you have to pay so they can “get by.”
• We’ll work through specialized cases like child support in which you share in the care of your children equally. As that type of support has its own unique method for determination.
• We’ll help you negotiate any issues of disagreement and create an agreement you both find fair and equitable regarding the support of your children.
• We’ll also make sure you and your spouse not only come to an agreement that you both find to be fair, but also one that minimizes tax issues, avoids penalties, and improves cash flow whenever possible.

Because no two situations are alike.

Your children are unique and your child support agreement should reflect that, too.

Why be forced to accept a child support order dictated by a judge in family court when you can create an agreement that works for your children now and into the future instead?

If you want to make decisions as parents, not as litigants, do what’s best for your kids and mediate your no fault PA divorce with Equitable Mediation.