- On Behalf of Topinka Law
- Family Law
Pennsylvania law requires parents to support their children if they are under 18 and not emancipated. This basic duty forms the starting point for all support orders, and it does not go away when parents split custody. Even in joint custody arrangements, one parent might still pay child support to the other if their income is higher or if the child’s needs call for extra resources. When judges decide on support payments, they focus on the financial ability of each parent and the needs of the child, not just the amount of time each party spends together.
How Pennsylvania’s Support Guidelines Work
Pennsylvania courts use specific guidelines to calculate child support. These guidelines direct courts to start by looking at the net incomes of both parents. The formula assumes that children should receive the same proportion of each parent’s income as they would if the family were still living together. Custody is a factor in this formula, too, but custody alone does not determine support. A parent with a higher income could owe child support even if they share equal custody with the other parent.
The Impact of Shared or Substantial Custody on Support Calculations
When parents share custody equally or close to equally, Pennsylvania law adjusts how support is calculated. The support guidelines say that if children spend 40 percent or more of their overnights with the parent who would normally pay, that parent can seek a reduction in their payment obligations. This rule reflects the assumption that parents directly cover costs for their kids when the children are in their care. However, this kind of adjustment does not automatically erase support payments. Courts still consider each parent’s income and the overall needs of the children to determine support. In practice, substantial custody often lowers the amount owed but rarely eliminates support altogether.
Deviation Factors Courts May Consider
Courts can depart from the standard support formula in light of certain factors. Deviation is allowed for families with unusual needs, extraordinary expenses, or other circumstances that affect fairness. For example, the parents of a child who needs expensive medical care, private school tuition, or special programs might owe more in support. On the other hand, if a custody schedule gives both parents equal responsibility for costs, the court might reduce support. Judges weigh factors like income, assets, and expenses before finalizing support orders to ensure they meet the child’s best interests.
Modification of Child Support When Custody Changes
Child support orders are not set in stone. Either parent can request a modification if custody arrangements change significantly. For example, if one parent gains or loses substantial overnight time with their child, that could justify a new support order. Courts will also consider modifications if a parent’s income changes or the child’s needs increase. Parents must file petitions with the court to request changes. The law does not automatically adjust support when custody schedules change.
How a Lawyer Can Help in Joint Custody Support Cases
Child support in joint custody cases depends on more than a simple formula. Even if custody is equal, income differences, the number of overnights, and the child’s expenses can all play a role. A knowledgeable family lawyer can help parents understand how the rules apply to their situations and what options exist. With the right legal guidance, parents can assess the full picture, identify when deviations might apply, and seek arrangements that reflect their children’s needs.
Contact a Pennsylvania Family Law Attorney
Your child support and custody decisions will shape your child’s future. You should not face those decisions without guidance. Topinka Law helps parents like you understand their rights and take action to protect them in court. Get in touch with Topinka Law today to arrange your initial consultation and put experienced counsel on your side.