If the parents of a minor child where never married, and in some limited circumstances even when the parents were married prior to the birth of a child, the alleged father may have the right to request paternity testing to confirm parentage. (See Ms. West's article in the "News" section for more information.) Most counties in Pennsylvania now utilize DNA testing to confirm parenthood. DNA testing may be performed by utilizing blood samples, by swabbing the interior of a person's mouth for cells, or by other methods. If paternity is acknowledged by the alleged father or if it is established by DNA testing or otherwise, the determination of the proper amount of child support may then be calculated. Click here for an illustration of the DNA testing process.

Pennsylvania Child Support

In Pennsylvania, child support is payable until a child reaches the age of 18 or graduates from high school, whichever is later. However, a duty of support may continue beyond the age of eighteen, if a child that is unable to support himself or herself because of a physical, mental or emotional disability. The Pennsylvania Supreme Court declared that parents cannot be forced by a court to pay for college expenses of a child unless the parent has signed a written agreement providing for college support. The amount of child support that is payable in a case is based upon the incomes or earning capacities of the child's parents.

How is income defined?

Income for support purposes includes such things as wages, salaries, overtime pay, commissions, bonuses, interest, rental income, retirement income, Social Security retirement or disability payments, workers compensation, unemployment compensation, income from an interest in a business, entitlements to lump sum awards such as lottery winnings and any other sources of income. If a person does not have any income, but is capable of working, the parent may be accessed with an earning capacity. Rather than using gross or before tax income, the court uses the monthly net, or after tax, incomes of each parent. Net income for support purposes is oftentimes different than the amount of money received in a parent's paycheck or what is listed on the parent's tax returns. For support purposes, net income is defined as gross income minus actual federal, state, and local income taxes, union dues, non-voluntary retirement payments, F.I.C.A. payments, and alimony payments paid to the other party.

Self-employed individuals

For self-employed persons, determining the amount of income available for support purposes may be difficult. Self-employed persons may not accurately report all of their income on tax returns or may take as deductions certain expenses that are actually personal expenses. For support purposes, certain expenses that are deductible for tax purposes may not be deductible from income for support purposes. The support court will carefully scrutinize the income claimed on tax returns for these reasons.

Pennsylvania Support Guidelines

Once the parents' monthly net incomes are calculated, the court applies the Pennsylvania Support Guidelines to determine the amount of support payable for the children. The Guidelines are formulas that consider the income of the parents, the number of children, and other factors. The Guidelines try to approximate the proportion of the parents' income that would have been spent for child support if the family was not residing in separate households. Child support may include, above the recommended Pennsylvania Support Guideline amount, medical coverage for the dependent spouse or children, payment of unreimbursed medical expenses, private school tuition, day care costs while the custodial parent is working or going to school and other recurring costs. On the other hand, child support may be established below the Guideline amount in some situations such as when the parents have shared physical custody, or the payor has other families or children to support.

If the parents of a child entitled to support earn more than fifteen thousand dollars per month, the Pennsylvania Support Guidelines are not utilized to determine the proper amount of support. Instead, the court looks to what are the "reasonable needs" of the minor child considering the parents' combined incomes. This reasonable needs analysis is often referred to as a "Melzer case" after the Pennsylvania case law that originally established this method for calculating support in high income cases.

How Do I Begin to Collect or Modify Child Support in Pennsylvania?

A person seeking child support must file a support complaint with the court in order to establish a right to collect support. No legal obligation on the other party exists until the complaint is filed. Similarly, if a reason exists to modify a support order such as an increase or decrease in income of either parent, the parent must file a request for a hearing to determine if modification of the support order is appropriate. Until a request for modification is made and a new court order is entered, the parent paying support is required to continue making payments as outlined in the existing court order.

Enforcement of Support Orders

If the parent who is required to pay child support has failed to comply with the order of court, the non-paying parent may be held in contempt by the judge. There are also numerous enforcement remedies are available. These remedies include, amongst others, incarceration of the non-paying parent, suspension of driver's licenses, revocation of any other state-issued licenses including professional licenses, and imposition of attorney fees.