When parents of minor children split up, some of the most urgent questions they have are about child support—who has to pay and how much?
Pennsylvania, like all states, has guidelines that are designed to give parents, judges, and state agencies a consistent method for calculating child support. Before you start the process of applying for or modifying child support, it helps to understand how the guidelines work.
All parents have a legal duty to support their children financially. Pennsylvania's child support guidelines are based primarily on the parents' relative incomes and the number of children who need support.
Typically, the parent who lives with the children most of the time (the "custodial parent") receives support from the noncustodial parent. The question of who pays support is more complicated when, as is increasingly common, children split their time fairly equally between their parents. In these situations, the parent with the higher income typically pays support.
Pennsylvania's child support guidelines are based on the "income shares model," which is based on the idea that children should get the same proportion of their parents' income whether the family is living together or not. Here's how it works:
The guidelines include detailed instructions on how to calculate your monthly net income and which adjustments are allowed. You'll also find special calculations for certain situations, such as high-income cases, low-income cases, and cases involving shared physical custody.
(231 Pa.R.C.P Nos. 1910.1-1910.50; 23 Pa. Code Chapter 43 (2024).)
To calculate child support, you'll first need to figure out each parent's monthly gross and net income as defined by the Pennsylvania guidelines.
Gross income includes:
Public assistance, including Supplemental Security Income (SSI) benefits, doesn't count as income.
Net income is gross income minus certain deductions, which aren't necessarily the same as those on your income tax returns. They include:
(231 Pa.R.C.P No. 1910.16-2; 23 Pa. Code § 4302 (2024).)
In Pennsylvania, the basic child support obligation is based on an assumption that the children spend 30% of their time with the parent who pays support (called the "obligor"). If the children have little or no contact with the obligor, that parent may have to pay more support.
When a child spends 40% or more of the year with the obligor (at least 146 overnights), Pennsylvania law presumes that the basic child support obligation will be reduced. The presumption is "rebuttable," which means that the parent who receives support (the "obligee") may argue against the reduction.
Splitting parenting time equally (50/50 custody arrangement) doesn't necessarily eliminate the need to pay child support. In these arrangements, the parent with the higher income typically still pays a reduced amount of support.
Pennsylvania's guidelines also include adjustments to the basic child support obligation for certain additional expenses, including:
The total cost of these expenses is typically split between the parents based on their income level, and the parent who actually pays the expenses gets a credit against the child support obligation. (231 Pa.R.C.P No. 1910.16-6 (2024).)
The guidelines allow for downward adjustments when either parent's monthly net income suffers from certain involuntary decreases over which the parent has no control, such as an illness or lay-off.
But if either parent is voluntarily unemployed or underemployed, a judge may impute (assign) income based on that parent's earning capacity. (231 Pa.R.C.P No. 1910.16-2 (2024).)
The amount of support calculated under the Pennsylvania guidelines is called the "presumptive amount of support." But judges may order a different amount (called a "deviation") in some cases. In deciding whether to deviate from the guidelines, a judge must consider all of the relevant factors, including:
(231 Pa.R.C.P No. 1910.16.5; 23 Pa. Code § 4322 (2024).)
Parents may—and often do—reach an agreement on the issue of child support. But they'll need to submit their agreement to the court for a judge to review and approve.
Parents may not bargain away a minor child's right to adequate support. If they agree to an amount that's significantly lower than the guideline amount, a judge will presume that the agreement doesn't provide fair and just support for the child and order an amount consistent with the guidelines instead. (Kost v. Kost, 757 A.2d 952 (Pa. Super. Ct. 2000).)
If you're filing for divorce in Pennsylvania, you can request child support as part of that process.
If you aren't married to your child's other parent, you may apply for child support through Pennsylvania's Child Support Program. You can apply for child support services online or submit an application directly with the Domestic Relations Section (DRS) in your county. As part of the process, the agency can also help establish paternity or locate a missing parent if necessary.
If you want to change the amount of child support you're currently paying or receiving, you may file a modification petition with the court. You'll have to show that there's been a "material and substantial" change in circumstances since your last order.
Some reasons why support may change include:
You also have a right to ask the local DRS to review your support order once every three years or whenever circumstances have significantly changed since your last order. (231 Pa.R.C.P No. 1910.19 (2024).)
In Pennsylvania, the obligation to pay child support continues until a child turns 18 or graduates from high school, whichever occurs later.
The support obligation may continue past age 18 for children who are unable to support themselves because of a physical or mental condition. (23 Pa. Code § 4321 (2024); Kotzbauer v. Kotzbauer, 2007 Pa. Super. 357 (Pa. Super. Ct. 2007).)
Pennsylvania provides an online child support estimator that will help you calculate the amount of support you might owe or receive under the current guidelines. But remember this is only an estimate, and a judge may order a different amount of support in your case if there is a reason to deviate from the guidelines (as discussed above).
If you're having trouble collecting support payments, your local DRS can enforce child support orders.
Pennsylvania's Child Support Website has answers to frequently asked questions, links to child support forms, and a Child Support Handbook.
Still, you may need the help of a family law attorney in some situations—especially if you and your co-parent can't agree about a requested modification or deviation from the guidelines. An experienced attorney can answer your questions, help you negotiate an agreement that works for you and your child, and advocate for you in court if it comes to that.