What are the Support Guidelines?
The Pennsylvania Support Guidelines are the rules that set forth the amount of support which a spouse or parent should pay for the support of a spouse or child(ren).
Who do the Guidelines apply to?
The guidelines apply to any person who owes a duty of support to a spouse or to children, where the combined monthly net incomes of the parties are less than $15,000.00 per month.
What are the Guidelines based upon?
The child support guidelines are based on the Income Shares Model developed by the Child Support Guidelines Project of the National Center for State Courts. The model is based on the idea that the child of separated or divorce parents should receive the same proportion of parental income that she or he would have received if the parents lived together.
What factors are used to determine the appropriate amount of child support?
Under the guidelines, the primary factor used to determine the appropriate amount of child support is the net incomes of the parents. A formula is used to determine the presumptively correct amount of total support that should be paid, taking into consideration the incomes of the parties and the number of children. The basic support amount is then apportioned between the parties in accordance with each party’s proportionate share of their combined net incomes.
Does the Court take into consideration the particular expenses of the parties when determining the amount of child support to be paid?
Certain expenses that are incurred by the parties on behalf of the children are considered by the Court in determining the appropriate amount of support to be paid. For example, the cost of health insurance that covers the children (and, in some cases the parties themselves) will be apportioned between the parties in accordance with each party’s proportionate share of the total income.
Who pays for the unreimbursed medical expenses?
The custodial parent pays the first $250.00 per year per child for unreimbursed medical expenses. Once the custodial parent has met this “deductible”, the remaining out-of –pocket medical expenses are apportioned between the parties proportionately.
Does the non-custodial parent have to contribute to the cost of daycare?
Yes. The cost of daycare that is reasonably necessary for a parent to maintain employment or appropriate education in pursuit of income is the responsibility of both parents. As such, the cost of it will be apportioned between the parties in accordance with their income ratios. However, the total cost of the child care, up to a maximum of $2,400 per year for 1 child and $4,800 per year for 2 or more children, will be reduced by 25% to take into consideration the federal child care tax credit available to the custodial parent.
What happens if my children go to private school or summer camp?
If we are still married and own a home together, does my spouse have to contribute to the mortgage payments?
The guidelines assume that the spouse occupying the marital residence will pay all costs associated with the marital residence, including any mortgages, home equity loans, taxes, and insurance. However, if the court determines that the amount of the mortgage expenses exceeds 25% of the Obligee’s income (including any child and/or spousal support received) the court has discretion to direct the Obligor to assume up to 50% of the excess amount as part of the total support award.
Does the Court take into consideration the amount of time each parent spends with the children?
The Guidelines contemplate that the obligor has regular contact, including vacation time, with his or her children, and that he or she makes direct expenditures on behalf of the children. When, however, the children spend 40% or more of their time during the year with the obligor, there is a rebuttable presumption that the obligor is entitled to a reduction in the basic support obligation to reflect this additional time. In determining the amount of time spent with the children, the court will only calculate the number of overnights the obligor spends with the children. The amount of the reduction is determined by a formula that relates to the amount of time the non-custodial parent spends with the child(ren).
Where does the child support get paid?
Pursuant to federal and state law, child support for Pennsylvania residents is now paid to one central collection agency in Harrisburg. For specific questions regarding the collection of child support, you can contact the Statewide Collections and Disbursement Unit (SCDU) in Harrisburg. PA SCDU P.O. Box 69110, Harrisburg, PA 17106-9110. The Customer Service telephone number is 1-877-PAS-SCDU (1-877-727-7238).
Where do I go to make a claim for child support, or to request the court to modify an existing child support order?
The Delaware County Domestic Relations Office is located behind the Delaware County Courthouse in the Curran Building. The telephone number is (610) 891-4315.
How can I find an attorney to represent me during this process?
To obtain the services of an attorney, you can contact the Delaware County Bar Association Lawyer Referral Service located at Front and Lemon Streets, P.O. Box 466 Media, PA 19063. The telephone number is (610) 566-6625.
