Pittsburgh Child Support Lawyer
Defining “Income” for Child Support Cases
Child support is largely based on parents’ income. At a child support hearing, both parents are required to bring federal income tax returns, including W-2s, and pay stubs for the last six months.
But what is “income” for child support purposes? According to Pennsylvania law, incomes includes:
–wages, salaries, bonuses, fees and commissions;
–net income from business or dealings in property;
–interest, rents, royalties and dividends;
–pensions and all forms of retirement;
–income from an interest in an estate or trust;
—Social Security disability benefits;
–Social Security retirement benefits;
–temporary and permanent disability benefits;
–workers’ compensation;
–unemployment compensation;
—alimony;
–lottery winnings;
–income tax refunds; and
–insurance compensation or settlements.
Income does not include public assistance and Supplemental Security Income (SSI) benefits, Social Security payments for a child, and foster care payments.
To speak with a family law attorney, contact Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Pennsylvania Child Support Guidelines
Pennsylvania and 36 other states apply the Income Shares Model for calculating child support. Under this model, children of separated, divorced or never-married parents are entitled to receive the same proportion of parental income that they would have received if the parents lived together.
Several economic studies estimate the average amount of household expenses for children in intact households. These studies show that the proportion of household spending devoted to children is directly related to the level of household income and to the number of children.
Pennsylvania’s child support guidelines represent average expenses on children for food, housing, transportation, clothing and other miscellaneous items that are needed by children and provided by their parents. The guidelines, which are established by rule by the Pennsylvania Supreme Court, are based upon the reasonable needs of the child.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Lower Your Child Support Payments
If you think you are paying too much in child support, do not be fooled into thinking that quitting your job will lower your support obligations.
Under Pennsylvania law, your child support obligation will not be lowered if you quit your job, assume a lower paying job, or even leave your job to pursue an education.
Courts will, however, adjust child support payments if you are receiving less income due to illness, lay-off, or being fired, “unless such a reduction in income was willfully undertaken in an attempt to avoid or reduce the support obligation.”
The issue is control. If you lose your job due to a reason outside your control, your support obligation may be lowered. But if you choose to quit, then your support obligation will not be affected.
The appropriate way to seek a reduction in child support payments is to hire an experienced family law attorney and file a Motion to Modify Support.
For more information about modifying your child support payment, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Defining “Income” for Child Support Cases
Child support is largely based on parents’ income. At a child support hearing, both parents are required to bring federal income tax returns, including W-2s, and pay stubs for the preceding six months.
But what constitutes income for child support purposes? According to Pennsylvania law, income includes:
–wages, salaries, bonuses, fees and commissions;
–net income from business or dealings in property;
–interest, rents, royalties and dividends;
–pensions and all forms of retirement;
–income from an interest in an estate or trust;
–Social Security disability benefits;
–Social Security retirement benefits;
–temporary and permanent disability benefits;
–workers’ compensation;
–unemployment compensation;
–alimony;
–lottery winnings;
–income tax refunds; and
–insurance compensation or settlements.
Income does not include, however, public assistance and Supplemental Security Income (SSI) benefits, Social Security payments for a child, and foster care payments.
For more information on child support in Pennsylvania, contact Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Want to Pay Less Child Support?
In Pennsylvania, child support and child custody are inextricably linked. The amount of child support you owe is directly tied to the amount of time you spend with your child.
A parent who pays child support will receive a 10 percent reduction in the amount of support owed at 40 percent parenting time, increasing incrementally to a 20 percent reduction at 50 percent parenting time, according to state law.
Parenting time is based on the number of overnights the child spends with the parent who pays child support.
Courts are reluctant to grant a parent more custodial time merely in order to reduce child support payments. But such practical considerations must be part of the conversation between you and your family law attorney.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Filing for Child Support in Pennsylvania
Does the person who files for child support automatically get it?
No.
In fact, Pennsylvania law explicitly states that child support orders must be entered “without regard to which party initiated the support action.”
In other words, a person who files for child support may end up owing it.
Child support calculations are based on (1) the parties’ incomes and (2) the custodial arrangements in place at the time of the hearing or trial. Generally, the parent with primary custody is entitled to child support.
To speak with a Pittsburgh child support attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.