Child Support Issues In West Chester PA
In Pennsylvania, child support is payable until a child reaches eighteen years old or graduates from high school, whichever occurs later. The amount of child support that is payable in a case is based upon the monthly after tax incomes or earning capacities of the child’s parents. Contact West Chester PA child support lawyer Joshua Janis if you need legal advice and representation in a child support matter in Chester County or the Philadelphia PA region.
How is Income Defined in PA Support Cases?
Income for Pennsylvania support purposes includes such things as wages, salaries, overtime pay, commissions, bonuses, interest, rental income, retirement income, Social Security retirement or disability payments, workers compensation, unemployment compensation, income from an interest in a business, entitlements to lump sum awards such as lottery winnings and any other sources of income. If a person does not have any income, but is capable of working, the parent may be assessed with an earning capacity.
Rather than using gross or before tax income, the Pennsylvania courts use the monthly net, or after tax, incomes of each parent. Net income for support purposes is oftentimes different than the amount of money received in a parent’s paycheck or what is listed on the parent’s tax returns. For Pennsylvania support purposes, net income is defined as gross income minus actual federal, state, and local income taxes, union dues, non-voluntary retirement payments, F.I.C.A. payments, and alimony payments paid to the other party. Confusing? Contact child support lawyer, Joshua Janis for reasonable legal advice and counseling.
Calculation of Income for Self-employed Individuals
For self-employed persons, determining the amount of income available for support purposes may be difficult. Self-employed persons may not accurately report all of their income on tax returns or may take as deductions certain expenses that are actually personal expenses. For support purposes, certain expenses that are deductible for tax purposes may not be deductible from income for support purposes. The Pennsylvania support courts will carefully scrutinize the income claimed on the tax returns of self-employed individuals for these reasons.
Pennsylvania Child Support Guidelines
Once the parents’ monthly net incomes are calculated, Pennsylvania courts apply the Pennsylvania Child Support Guidelines to determine the amount of support payable for the children. The Pennsylvania Child Support Guidelines are formulas that consider the income of the parents, the number of children, amongst other factors. In addition to the Pennsylvania Support Guideline amount, an order for child support may also require payment of a portion of other costs such as medical coverage for the dependent spouse and/or children, medical expenses not covered by insurance, and day care costs incurred while the custodial parent is working or going to school. Child support may be established below the Pennsylvania Support Guideline amount if the parents have shared physical custody or the payor has other children to support.
How Do I Begin to Collect or Modify Child Support in Pennsylvania?
A person seeking child support must file a support complaint with the court in order to establish a right to collect support. No legal obligation on the other party exists until the complaint is filed with the court. Similarly, if a reason exists to modify a support order such as an increase or decrease in income of either parent, the parent must file a request for a hearing to determine if modification of the support orderris appropriate. Until a petition for modification is filed with the court and a new court order is entered, the parent paying support is required to continue making payments as outlined in the prior court order.
LEARN MORE: Contact us when you need legal advice on seeking child support. We serve the greater Philadelphia area including Chester County, Delaware County, Lancaster County, Montgomery County, Bucks County, Berks County, Downingtown, Paoli, Media, Norristown, Harrisburg, Lancaster, Lebanon, Reading and Allentown. For more information or to schedule an appointment with an experienced Child Support Attorney at Ciccarelli Lawyers, by contacting us at (610) 925-2500 or toll free at (877) 529-2422.
