Child Support in Pennsylvania

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.

Who Pays Child Support in Pennsylvania?

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.

How Pennsylvania's Child Support Calculation Works?

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:

• First, find the basic, total support obligation on this schedule. The schedule is based on the parents' combined net incomes and the number of children that need to be supported.
• Then, divide that total support obligation between the parents based on each parent's share of their combined net income. For example, if the custodial parent has a net monthly income of $3,200 and the noncustodial parent's monthly net is $4,800, the noncustodial parent earns 60% of their combined net ($4,800 ÷ $8,000 = 60%). So, the noncustodial parent would be responsible for 60% of the total support obligation (not counting adjustments).

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).)

What Counts as Income When Calculating Child Support?

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:

• wages, salaries, bonuses, fees, and commissions
• net income from business or property dealings
• interest, rent, royalties, and dividends
• pensions and other retirement payments, including Social Security
• income from an interest in an estate or trust
• disability, workers' compensation, and unemployment benefits
• alimony if appropriate (for example, when it's meant to finance living expenses), and
• other income such as lottery winnings, income tax refunds, insurance settlements, and civil judgments.

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:

• federal, state, and local income taxes
• unemployment compensation taxes and Local Services Taxes (LST)
• F.I.C.A. payments (Social Security, Medicare, and Self-Employment taxes) and mandatory retirement payments
• mandatory union dues, and
• alimony paid to the other parent.

(231 Pa.R.C.P No. 1910.16-2; 23 Pa. Code § 4302 (2024).)

Shared Custody Adjustments

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.

Adjustments to the Child Support Calculation

Pennsylvania's guidelines also include adjustments to the basic child support obligation for certain additional expenses, including:

• necessary child care
• health insurance premiums
• unreimbursed medical expenses
• private school tuition or summer camp, and
• the mortgage payment for the marital residence in some cases.

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).)

When Can Potential Income Be Used to Calculate Child Support?

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).)

When Can Child Support Be Different Than the Guideline Amount?

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:

• the child's best interests,
• a household's unusual needs and unusual fixed obligations
• a parent's other support obligations
• other household income
• the child's age
• the parents' relative assets and liabilities
• medical expenses not covered by insurance, and
• the standard of living of the children and the parents.

(231 Pa.R.C.P No. 1910.16.5; 23 Pa. Code § 4322 (2024).)

Can Parents Agree on a Child Support Amount?

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).)

How to Apply for Child Support in Pennsylvania?

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.

How to Change the Amount of Child Support

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:

• a change in either parent's income
• a change in the custody arrangement
• new and ongoing child care or medical expenses
• a parent's incarceration, or
• a parent's remarriage.

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).)

When Does Child Support End in Pennsylvania?

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).)

Resources and Help With Child Support

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.