Child Support FAQ
Is it legally permissible for a spouse residing in Pennsylvania to file for child support while taking care of two children born of the marriage, if their partner has left the marital residence and moved into a separate apartment across town, despite both parties sharing equal incomes?
Yes. The complaint would be filed in the local Domestic Relations Office. This office is located in the Allegheny County Family Division building across from the Allegheny County Courthouse in Pittsburgh, Pennsylvania.
What will happen once that complaint is filed?
Domestic Relations will organize a meeting in its office. Both parties will be ordered by the court to appear before a conference officer. Each side will have to provide proof of income, such as pay stubs and the most recent federal tax return filed.
Once this information is presented, how will the child support be determined?
The Pennsylvania Supreme Court has established statewide guidelines for the administration of all support proceedings. Child support is calculated using support criteria that are based on income sharing. These guidelines are reviewed and revised every four years. The most recent change occurred on August 3, 2017. After each party has presented its documents, the conference officer will determine each party’s net income. Once the net incomes have been calculated, the conference officer will combine the parties’ net incomes together, consult the guidelines chart, and determine the monthly support amount required to raise that child. The party residing outside of the residence will thereafter pay a proportionate share of the amount shown in the chart. The proportional share of that party is calculated by dividing his or her net income by the total combined income of both parties.
Do the support guidelines address child care in Pennsylvania?
Yes. In addition to monthly child support, the party residing outside the marital house will be liable for paying a proportionate percentage of the parties’ total combined income toward acceptable child care expenses. According to newly revised guidelines, if the party who lives outside the marital house has child care expenses when the children spend time with them, that party may also offset those expenses with those of the party who files the complaint. The child care expenditures will be reduced by any amount of federal child tax credit available to the qualifying parent, whether or not that parent claims the credit.
Are there any other items that could be included on a child support order?
Yes. A child support order may also cover health insurance, unreimbursed medical expenses, private school and tuition, and mortgage payments on the marital house. If a child support order is obtained, the party who holds the order is responsible for the first $250 in unreimbursed medical costs that are not covered by health insurance for each child each year. After the initial $250 has been spent, any remaining sums owed on outstanding medical expenses will be split in accordance to the parties’ net incomes. A person who pays for health insurance is usually entitled to a credit against his or her child support obligation. An extremely large mortgage payment on the marital house may justify an increase in child support. An extremely expensive mortgage is one in which the party living in the marital residence with the children has a payment that exceeds 25% of that person’s income, including salaries and all child support paid.
What if the party paying support has other children?
All children are treated equally under the guidelines. When there are children in several families, it is necessary to identify who is responsible for paying child support. If the overall child support obligations exceed 50% of the responsible party’s income, each order will be adjusted to ensure that no more than 50% is issued.
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