8 Reasons the Court Doesn't Have to Strictly Follow the Basic Child Support Guidelines

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Pennsylvania uses Support Guidelines (or a schedule) to provide parties with a measure of certainty about the amount of support they may have to pay or receive.  These guidelines insures that similar families who make about the same amount of money are treated about the same. There are many reasons that the court may deviate (either upward or downward) from the basic child support amount that the guidelines suggest would be the support obligation.

Generally, the trier of fact should deviate upward only when unique needs of the child are involved and downward only when the obligor can establish unique financial needs. Deviations allow the court to consider the unique circumstances of the parties in exceptional circumstances.  

In all cases, the trier of fact should consider the following deviations (Pa.R.Civ.P. 1910.16-5(b)):

1. Unusual needs and unusual fixed obligations;

2. Other support obligations of the parties;

3. Other income in the household;

4. Ages of the children;

5. Relative assets and liabilities of the parties;

6. Medical expenses not covered by insurance;

7. Standard of Living of the parties and their children;

8. Other relevant and appropriate factors, including the best interests of the children.

Other relevant and appropriate factors can include the following:

1. Significant income of the child;

2. Whether one or both of the parents live below the poverty line;

3. Increased costs of older children;

4. Responsibility of care for the parents (grandparents) of the party, etc.

When presenting these deviations, it’s important to understand that these deviations do not generally occur at the conference (or first level) level of a support case, unless by agreement. Generally, you will need to argue these issues before a hearing office (formerly called “masters”) or before a judge. You can argue that a deviation is appropriate by presenting either or both testimonial and physical evidence and sometimes even expert testimony. Failing to raise some of these issues may preclude you from arguing them at a later date.

You should speak with an attorney about the unique facts in your case to learn whether you may be entitled to a deviation from the basic child support guidelines.

Contempt of a Support Order and Suspended Sentences As Punishment

Can the court impose a suspended sentence for contempt of a child support order? In a recent Superior Court decision, Thompson v. Thompson, the Court determined whether a trial court could impose a suspended sentence for civil contempt thought it is not expressly permitted as a form of punishment under 23 Pa.C.S. 4345.  

Here is the background of the case. Mother placed her two children in the custody of her mother. Grandmother then requested child support from mother. The trial court computed mother's support obligation pursuant to the child support guidelines and entered an order. Mother fell behind in her payments. The County then filed petitions for civil and indirect criminal contempt against mother. Trial court ordered mother to remain current with her payments and added an additional monthly amount for her back support.

Mother again fell behind. Grandmother asked the County to terminate the support case, but the County officials declined to do so and filed another contempt. Prior to the hearing on the contempt petition, mother and the County came to an agreement. Mother admitted that she was in civil contempt. Mother agreed to stay current with her payments, acknowledged she had the ability to make the payments and agreed that if she failed to remain current, a bench warrant would be issued and she would serve a six-month jail sentence. 

Mother filed an appeal and argued that a suspended sentence was not an allowable punishment under Section 4345 and was therefore an illegal and unenforceable punishment.  In its analysis the Court noted the law was not ambiguous and provided three express punishments that were permitted in this situation. Those included imprisonment for up to six months and a fine not to exceed $1000 or probation for a period of up to one year. The statute does not include any language allowing the trial court to have any discretion to impose any other form of punishment.  

In a dissenting opinion, Judge Baer opined that since a suspended sentence could constitute probation and probation is an allowable form of punishment under Section 4345, a suspended sentence is not an illegal form of punishment.  Judge Mundy joined in that opinion.  

It is very important to understand the agreements you enter into and the consequences of breaching or breaking that agreement. 

Equal Time Does NOT Equal No Child Support

 Do you think that because you have more time with your children than their other parent that you will not have to pay child support? Not according to the July 17, 2019, Order issued by Judge Dominick Motto in the Courts of Common Pleas of Lawrence County, Pennsylvania. According to the opinion issued by Judge Motto in Pierce v. Mayberry, a party with primary custody could still be ordered to pay child support, under certain circumstances. 

 Let’s dive in to this Order and explore the facts. 

Here are the facts: 

1.    Mr. Mayberry has overnight custody of the two minor children 54% of the time. 

2.    Ms. Pierce has overnight custody of the two minor children 46% of the time. 

3.    Ms. Pierce is a waitress earning less than minimum wage (as a side note, she was assessed minimum wage by the Domestic Relations Section, which was appropriate).

4.    Mr. Mayberry’s percentage of the combined monthly net income was 79.58%. 

5.    Ms. Pierce’s percentage of the combined monthly net income was 20.42%.

After credits for insurance coverage and overnight custody time, Mr. Mayberry was stillordered to pay Ms. Pierce $761.50 per month. Judge Motto’s Order is supported by a previous Order in the case of Colonna v. Colonna.  The Colonna case made its way up to the Supreme Court of Pennsylvania. The Supreme Court indicated that when a parent that does not have primary custody of the children earns significantly less income than the primary custodial parent, that non-primary custodial parent may not be able to provide the children with a similar environment as the custodial parent.  This significant change in environment can have an adverse effect on the relationship of the non-custodial parent with the children. 

In other words, a child support obligation is not merely determined based upon custody and time with the children.  The support obligation factors in the respective incomes of the parents. If there is a large disparity between the parties' incomes, there is case law to support an argument for the custodial parent to pay support to the non-custodial parent.  

What does this all mean for you? 

If you have similar custodial parenting time, but a large difference in income, you may need to review your current order or agreement. Call Kinchloe Law at 215-301-9783 so that we can assist you in the assessment of your current situation and to discuss your options.

Can the Court Deviate from the Child Support Guidelines?

The court may deviate from the support guidelines when determining a child support obligation, but is required to state why in writing or on the record, the amount and the reasons for and findings of fact justifying the amount of deviation. Deviation doesn’t always mean lower.

The court should consider the following when deciding whether to deviate from the guideline amounts:

1. unusual needs and unusual fixed obligations;

2. other support obligations of the parties;

3. other income in the household;

4. ages of the children;

5. the relative assets and liabilities of the parties;

6. medical expenses not covered by insurance;

7. standard of living of the parties and their children;

8. other relative and appropriate factors, including the best interests of the child.

See PA Rule 1910.16-5.

Will losing or quitting my job affect the amount of my child support payments?

What happens to court-ordered child support obligations if you quit or lose your job?

Changes in income can happen.  The State understands that there may be fluctuations in income and have crafted rules to address those fluctuations.  Generally, the court looks at whether the changes were voluntary or involuntary.  Nothing happens automatically and you should look to the rules as to how to request a change in your support obligations.   

In cases of voluntary reductions of income, there will generally be no adjustment to the support obligation.  Examples of voluntary reductions of income include:

1. Assuming a lower paying job
2. Quits a job
3. Leaves employment
4. Changes occupation or employment status to pursue an education
5. Fired for cause.

However, there are times when fluctuations in income are involuntary.  Adjustments in the support obligation can be made for involuntary reductions that result in substantial continuing involuntary decreases in income for some of these reasons:

1. Illness;
2. Lay-off;
3. Termination; 
4. Job elimination; 
5. Something else beyond the party’s control.

However, if the court finds that a person has voluntarily taken some action to cause the deduction in income, the court will not make an adjustment.  If the trier of fact determines that a party has willfully failed to obtain or maintainappropriate employment, the trier of fact may impute an income equal to the person’s earning capacity.  The court will look at the party’s age, education, training, health, work experience, earnings history and child care responsibilities (among others) to determine earning capacity.  

It’s important to know that the adjustment may not be made automatically.  Your order tells you when you must notify the courts of changes in your income.  Asking for a review, increase, or decrease of your support payments is a way to alert the court as to changes in either party’s income.  Speak to an attorney about the specific facts of your case and be sure to follow the rules in your county.

If you have questions about how a loss or decrease in income affects your child support payments, contact us today to schedule a free telephone consultation.

What is considered income for child support purposes?

What is considered income for child support purposes?

The first step in determining a support obligation is determining the parties' net income.  The court will take monthly gross income and then deduct certain expenses to arrive at each parties’ monthly net income.  The court will also consider other factors discussed below before determining the percentage of each parties’ support obligation.

What is considered income?  The court uses a six-month average of all of the party’s income.  Income includes, but is not limited to:

1. wages, salaries, bonuses, fees and commissions;
2. net income from business or dealings in property;
3. interest, rents, royalties, and dividends;
4. pensions and all forms of retirement;
5. income from an interest in an estate or trust;
6. Social Security disability benefits, Social Security retirement benefits, temporary and permanent disability benefits, workers’ compensation and unemployment compensation;
7. alimony (in some circumstances); and
8. other entitlements to money or lump sum awards, without regard to source, including lottery winnings, income tax refunds, insurance compensation or settlements; awards and verdicts; and any form of payment due to and collectible by an individual regardless of source.

There are certain exceptions or qualifications to be taken into consideration with the above list.  Here are a few:

1. Seasonal Employment. For example, if one person’s job is seasonal, the court will use the year average and not the six month average.  In this situation, it is important to show a year’s worth of earnings to make sure that the gross income is not artificially low or high.  
2. Social Security Disability benefits.  There are two types of Social Security disability benefits: Supplemental Security Income (SSI) andSocial Security Disability Insurance benefits (SSDI).  Supplemental Security Income (and public assistance benefits, for that matter) are not considered income.    
3. Imputed Income.  If an individual voluntary quits their job or refuses to work, the decision maker may compute an earning capacity to that individual.

What is deducted from income?

1. federal, state, and local income taxes;
2. unemployment compensation taxes and local services taxes;
3. Social Security, Medicare and Self Employment taxes (FICA) and non-voluntary retirement payments;
4. mandatory union dues; and
5. alimony paid to the other party.

Once the court has arrived at the parties’ net monthly income as determined in 231 PA 1910.16-2, the court may also allocate other expenses such as childcare, medical insurance premiums, and other unreimbursed medical expenses between the parties.  The court will consider other factors including the amount of custody shared between the parties and each party’s other support obligations to dependent children.  The support guidelines will then be applied to determine each parties’ obligation.  

As noted above, there are several exceptions and qualifications to many of the income resources and deduction rules. Contact us today for a free consultation to discuss the unique facts of your case.  

Resources: PA 1910.16-2      

When do child support payments end?

When do child support payments end?  Do I have to do anything once my child turns 18 to stop the payments?

Technically support orders do not terminate automatically and a person paying child support was required to file a petition to terminate a child support order once the child is emancipated.  Subdivision (e) of Rule 1910.19 was implemented to prevent overpayments and to give parties notice.  Now, within the six months before the child turns 18, the court will issue an emancipation inquiry and notice to the obligee and a copy to the obligor asking certain questions to see whether the order shall remain in effect after the child turns 18 or graduates from high school (whichever is later). If there is no response after 30 days, the domestic relations section can administratively modify or terminate an order.

If you are receiving child support, you should complete and return the inquiry especially if there is a reason that the child should continue to receive support beyond age 18 or graduating high school.  If you do not return the notice, the domestic relations section may modify or terminate the order without further proceedings.  If there are other children on the court order, there may be a conference.

Three reasons why child support may continue even after the child reaches 18:

1. The child has special needs.
2. There is an agreement between the parties that requires support beyond age 18 or after the child has graduated from high school.
3. There are arrears.

Arrears.  If the person paying child support owes arrears, the arrears continue to accrue through the date of the termination.  The domestic relations section may continue to have child support deducted in the amount of the original order to cover the arrears.  In this situation, the arrears will be paid off faster.

If you object to paying support for your child beyond age 18 or their graduation from high school, you may request a hearing.

If you have questions about child support, contact us for a free telephone consultation.  You may also consult Pennsylvania Rule 1910.19.