The child support system in Pennsylvania is 100% objective. The system does not care about how much the obligated parent thinks he/she can afford. The system does not care if the obligated parent wants to pay child support. The law is very clear. If you have a minor child, you must support that child. This obligation is absolute. However, the amount of a child support obligation depends on the circumstances of each individual. Each spouse has an obligation to support their children based upon their respective incomes, earning capacities…and abilities. Akers v. Akers, 540 A.2d 269 (Pa.Super. 1988).
What does that mean? Well the first thing that will be considered is how much each parent earns. This is usually determined by pay stubs and/or tax returns. However, evidence of how much you earn from an employer is not the end of the conversation. The court will also account for any money you receive from investments (i.e. dividends, or rental property revenue). The court also evaluates what each parent is capable of earning. If one parent has a law degree from Harvard but works as a cook at a fast food restaurant, the court probably won’t use their pay stubs to calculate the support obligation. Why? Because they will assume that someone with that level of education should be able to find a higher paying job. There are various reasons why a child support obligation will deviate from the standard guidelines, but income and earning capacity are typically the reasoning behind the calculation of a support award.
What if you had a high paying job at the time your support award was entered, but have since lost that job and have been forced to accept a lower paying job; are you still required to pay the same amount in child support? No. You can always attempt to have your support obligation lowered, as long as you can prove your decrease in income. Conversely, if your ex has accepted a higher paying job since the entry of the child support award, you may be able to adjust the support award to account for this increase in income. If you have a question regarding child support, or need to have a support award adjusted, contact an experienced family law attorney.
Robert E. Fravel is a solo practitioner in Bucks County, Pennsylvania, who specializes in estate planning & administration, family law and business law. You can contact him at ref@fravel-law.com or (267) 227-9138.