Child Support 101
Child Support 101:
What is child support?
The child support obligation or child support for short is financial assistance that is paid by one parent to another parent to assist in the raising of the parents’ child or children. Child support can include money and medical insurance. Every parent has a duty to financially support their child, even if the parents live together. When parents split up, the duty to support their child continues.
Who gets child support?
In Pennsylvania, generally, child support is paid by the parent who spends the least amount of time with the child, to the parent who spends the most amount of time with the child. Therefore, child custody, measured by the number of overnight periods that the child spends with each parent, is critical to determining who receives child support. If the parents share custody equally, then the amount of child support depends on other factors, the most important of which is the net monthly income of each parent.
How much child support am I entitled to?
The amount of child support is calculated using a step by step process mandated by the State of Pennsylvania. The process is as follows:
- Determine the net monthly income of each parent.
- Add the net monthly incomes together.
- Determine the number of children that need support.
- Use the Pennsylvania mandated table or formula to determine the child support obligation of the parents together.
- Determine each parent’s percentage of the total net income and multiply this percentage by child support obligation calculated in step 4. This is each parent’s basic child support obligation. As identified previously, the parent that has the least amount of custody pays their obligation to the other parent. It is assumed that the parent with the greater custody will use their portion of the child support obligation to support the child.
- Determine the total amount of other monthly child care expenses. These typically include day care and special care costs.
- Multiply each parent’s percentage of the total net income by the total monthly child care expenses. Again, the parent that has the least amount of custody pays their obligation to the other parent.
- Determine the medical insurance costs for the child. Multiply each parent’s percentage of the total monthly medical insurance costs. The parent not paying the insurance premium pays the parent that is paying for the insurance. Sometimes, the child can be enrolled in a state subsidized insurance program, like Medical Assistance, and then the parents have no financial obligations with respect to medical insurance.
- Determine additional medical costs. These include unreimbursed medical expenses like co-pays and deductibles. Multiply each parent’s percentage of the total unreimbursed medical expenses. Again, the parent that has the least amount of custody pays their obligation to the other parent.
IMPORTANT! This is a general description of the method to determine child support meant to assist you in understanding the child support process. There are many details that must be determined before a specific calculation can be performed. Delta will perform a child support evaluation for you and estimate what you would receive if you call us!
How do I get Child Support?
In order to obtain child support, a parent must file a complaint for child support with the local County Common Pleas Court. After the complaint is filed, then a hearing is scheduled. In Allegheny County, the hearing is a two step process on one day. The first step is that the parents and their attorneys meet with a Domestic Relations Officer or DRO. The DRO will perform calculations and determine each parent’s child support obligation. If the parents agree with the DRO’s determination, then a court order is issued that spells out the child support amount and the date when the amount is due each month. If one party does not agree with the child support determination, then a hearing is held before a Hearing Officer (HO). The HO listens to arguments from both parents and their attorneys and then makes a determination which will become a court order. If one or both of the parents do not agree with the HO’s determination, then the disagreeing party must appeal the decision and argue the issues before a judge. The judge then rules on the appeal and issues an order deciding the appeal.
What happens after the Child Support Order is issued?
Typically, the parent charged with paying child support must send a payment specified in the court order each month to the Pennsylvania State Collection and Disbursement Unit or PA SCDU in Harrisburg. PA SCDU then disburses the funds to the parent receiving the child support.
What happens if child support is not paid?
If a parent ordered to pay child support fails to do so, then an enforcement arm of the state will take action to collect the money. Typically, a hearing is scheduled and the paying parent is asked by a Hearing Officer or HO to explain why they haven’t paid in accordance with the court order. The HO and/or the state will then take action to obtain the child support. The actions taken include freezing the paying parent’s bank accounts and withdrawing funds, intercepting a tax refund and other nasty things including suspending a parent’s drivers license and ordering the parent to spend some time in the county jail.
How long is child support paid?
Child support is paid until the child reaches eighteen (18) years old or graduates from high school, whichever comes last. Sometimes, a child support obligation can continue beyond high school graduation or beyond the age of eighteen (18) if the parents agree or if the child has special needs (e.g. medical care for a special needs child).
Does the child support obligation change and/or can it be modified?
Each parent has an opportunity to have the child support obligation evaluated every three (3) years if the parent requests a review. Also, the child support obligation can be modified if there is a change in circumstances of either parent. A change in circumstances include an increase or decrease in either parent’s income, a change in living expenses that effect a parent’s ability to pay child support or support a child. Note that each parent is obligated to report to the court a change in circumstances.
IMPORTANT! This is a general description of child support issues and is provided to assist you in understanding the child support process. There are many details that must be determined before a specific issue can be properly evaluated. Delta will perform an evaluation of these issues for you and estimate the effect on a child support award if you call us!
