Practice Areas - Child Support

Practice Areas

Child Support

In Pennsylvania, the custodial parent is entitled to receive child support from the child’s other parent, even if the custodial parent is the higher earner.  However, if the parties share custody equally, then the lower earning parent is deemed the “custodial” parent for support purposes.

Pennsylvania enacted state-wide child support guidelines, which set a formula for the amount of child support to be ordered in any case.  The court first determines each parent’s net income, after payment of taxes, and other mandatory deductions.  The court will look up the amount of support Pennsylvania deemed necessary for the number of children the parents have based on their combined income.  The non-custodial parent will pay their share of that support number to the custodial parent.  Their share of support is based on their respective share of the parties’ total combined income.  The non-custodial parent will also receive a reduction to their support amount if they have substantial or equal physical custody of their children.  In addition to basic child support, the court will also allocate certain expenses in proportion to the parties’ incomes, like health insurance premiums and daycare costs.  Unreimbursed medical expenses for doctors’ visits, pharmacy, etc. are also shared in proportion to each person’s income after the person receiving support pays the first $250 per year per covered person under the Order.

How does the Court determine income?

If both parties are full-time, W-2 wage earners, determining each person’s net income is fairly straight-forward.  However, even in the most straight-forward case, having experienced counsel on your side ensures that the proper income is assigned to both parties, and the resulting support order is appropriate for your case.

When either party is unemployed or underemployed, the court will assign a reasonable earning capacity to that party in order to determine the respective support obligations.  In those cases it is crucial to have experienced counsel on your side to navigate the issues that may arise when one or both parties’ income is not straight-forward.

What if one of us has more complex income?

If either party is self-employed or is a more highly compensated executive, determining the net income available for support is a more complex process.  Experts may be needed to analyze the income or business information of you or your spouse.  Susan will work with those experts to review and analyze the relevant documents and prepare reports for the court’s consideration.  Susan has extensive experience assisting business owners, and highly compensated executives, in complex support matters.

Divorce

Pennsylvania is a “no-fault divorce” state.

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divorce | gibson family law  bucks and montgomery county| gibsonfamilylaw.com

Equitable Distribution

Pennsylvania divides assets equitably not equally

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Custody

There are two categories of custody: physical and legal

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custody | gibson family law | gibsonfamilylaw.com

Child Support

Child Support is given to the custodial parent.

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child support | gibson family law  bucks and montgomery county| gibsonfamilylaw.com

Spousal Support/APL

Spousal Support is paid while separated but still married.

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 spousal support | gibson family law  bucks and montgomery county| gibsonfamilylaw.com

Alimony

Alimony is support received after a divorce is final.

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