Establishing Paternity in Pennsylvania and the Use of DNA Testing
In Pennsylvania, if an alleged father acknowledges paternity by their actions or in a written document, it is sometimes difficult to later challenge paternity of the minor child. However, if the alleged father and mother 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. If paternity of a child is not certain, it is best to request DNA testing prior to any type of acknowledgment of paternity of a minor child.
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. Once paternity is acknowledged by the alleged father or if it is established by DNA testing or otherwise, the Pennsylvania family courts will enter a child support order if the parents were never married or if they are separated or divorced.
Pennsylvania Child Support
In Pennsylvania, child support is payable until a child reaches eighteen years old or graduates from high school, whichever is later. (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.) However, a duty of support may continue beyond the age of eighteen, if a child is unable to support himself or herself because of a physical or mental disability. The amount of child support that is payable in a case is based upon the monthly after tax incomes or earning capacities of the child's parents.
How is Income Defined in Pennsylvania Support Cases?
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.
Calculation of Income for 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 Child Support Guidelines
Once the parents' monthly net incomes are calculated, the court applies the Pennsylvania Child Support Guidelines to determine the amount of support payable for the children. The Pennsylvania Child Support Guidelines are formulas that consider the income of the parents, the number of children, and other factors. In addition to the Pennsylvania Support Guideline amount, an order for child support may also require payment of a portion of other costs such as medical coverage for the dependent spouse or children, medical expenses not covered by insurance and day care costs incurred while the custodial parent is working or going to school. Child support may be established below the Pennsylvania Support Guideline amount if the parents have shared physical custody or the payor has other children to support.
High Income Child Support Cases - Melzer Cases
If the parents of a child entitled to support earn more than fifteen thousand dollars net per month, the Pennsylvania Child 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 children 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 Pennsylvania Child 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. After being found in contempt, there are numerous enforcement remedies available to secure payment of past due child support (also called support arrearages). These enforcement 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.
