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.

Support of Adult Children

Is a parent responsible for the support of their adult children?  Generally, parents are responsible for the support of a child until the child reaches the age of majority (18) or they graduate from high school, whichever event occurs later.  The right to support may actually exist beyond majority where the child is physical or mentally challenged or unable to support themselves. 23 PA.C.S. Section 4321(3). 

The court will look to determine whether the child is able (physically and mentally) to engage in profitable employment and whether that employment is available to that child at a supporting wage.  The burden is on the child to prove that these impairments exist and that they are unable to support themselves.  Often, it is the custodial parent that undertakes this burden.  The burden may be met by providing medical evidence supporting the diagnosis and limitations and/or with reports from vocational rehabilitation services to describe the impact of the child’s mental or physical impairments on his ability to support themselves. 

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.