Law Office of Joanne Kleiner

Archives for November 2019

Nov 19

Child Support Helps Provide for Children After Divorce

Work Child Support Into Your Divorce

Pennsylvania’s divorce rate is the 11th lowest in the nation. There are a lot of factors that must be considered during a divorce; if you have children, their care must also be examined and decided between the two parents. Along with the time spent with each parent, divorce proceedings frequently include child support orders.

The Purpose of Child Support

Child support is often ordered by the court when one parent has the majority of time with the child or children to help offset expenses associated with raising the child. Generally, both parents are expected to contribute equally to raising a child. When one parent is given significantly more time than the other, child support helps ensure that this contribution stays as equal as possible. This is why the parent with majority time is given child support by the other parent; the other parent doesn’t have the child as much but should still maintain equal responsibility for the child.

Child support is intended to be used to provide care for the child, including medical expenses, after-school care, day care, clothing, food, and other needs that must be met. Child support is usually paid directly from one parent to another. However, it may also go through a state agency, if necessary.

Considerations in Calculating Child Support

Child support is not just about how much money one or both parents earn. While the income of each parent is a consideration, there are other factors taken into consideration when calculating child support as well. These factors include:

  • Number and ages of children
  • Medical expenses, especially if a child has special needs
  • Standard of living
  • Assets and liabilities of parents
  • Additional household income

Depending on the circumstances of the case, the child’s health insurance may be ordered separately from child support to be paid by either or both parents, or it may be included as part of the child support calculations. The court will also take the child’s best interests into consideration. While child support is meant to offset expenses for one parent, the goal is to help ensure that the child has a healthy, safe and comfortable environment. The money received in child support is intended to be spent on the care of the child.

Altering Child Support

While there are state calculations used to determine child support, these calculations are based on financial and other factors at the time the child support is awarded or ordered. However, changes can occur in parents’ lives that would prompt a parent to ask about altering child support as it is ordered. This is especially important if you have been ordered to pay child support and have been struggling to make your monthly payments each month.

In order for the child support order to be altered, either parent must demonstrate a substantial and material change in circumstances, such as a job change relocation or a new baby in the family. While family courts understand that circumstances change, child support cannot be altered frequently or without a good reason. This is why it’s recommended that, if you think you need an alteration to your child support order, you should speak with a qualified child support lawyer. An attorney can help you determine whether a child support alteration is warranted and how to go about it properly.

Child support is not a way for one parent to just get money from the other parent. Instead, it is meant to help provide for the care of the child after divorce by offsetting expenses that come with the majority time with the child. However, child support orders can be altered if circumstances change. A qualified child support lawyer can best determine if your child support orders can be altered.

If you have a child support order that needs to be altered or you have questions about your child support, please contact Joanne Kleiner & Associates in Jenkintown at (215) 886-1266 and speak to a professional child support lawyer.

Nov 16

Calculating Child Support in Pennsylvania

Factors That Influence Child Support Obligations in Pennsylvania

According to a 2017 study by the USDA, the average cost of raising a child from birth to age 17 is $233,610. When you and your spouse divorce, the court will issue a child support order to make certain that any children from your marriage receive the financial support they need to thrive. An experienced child support attorney can help you through the process, making certain that the child support order is fair to both parties.

The Basic Amount

The court determines the base level of child support by looking at your net income and your spouse’s. For calculation purposes, the two incomes are combined. Then, the court calculates the percentage of income each person contributes. Those percentages are matched to the Basic Child Support Obligation Guidelines found in the Pennsylvania state code. If you are looking at a situation with one spouse having full custody of a single child, this may be the only necessary calculation. In other situations, several factors will come into play.

Number of Children

If there is more than one child covered by the child support order, the calculation formula will be different. Simply put, it costs more money to raise more children. In Pennsylvania, child support payments end when a child turns 18 or graduates from high school, whichever takes place last. Eventually, children will age out of child support, reducing the amount paid.

Custody

Typically, child support is awarded to the spouse with primary custody since that person bears the brunt of the child-raising expenses. Partial custody arrangements can change the child support order. If a child spends more than 40% of his or her time with a parent, that parent will receive a reduction in payments. If the parents decide on a joint custody arrangement, the parent with the higher income will pay support to the other parent at a reduced rate.

Alimony

If you are paying alimony to your spouse, this will factor into the child support calculation. Alimony payments are considered income for the spouse who receives them. The extra money changes the percentage in the net income calculation. If the spouse who pays alimony also pays child support, it will reduce the amount of child support. The person who has primary custody of the children will always be the one getting child support, even if he or she has a higher income. If the custodial parent has a higher income, he or she might pay alimony while at the same time receiving child support.

Additional Expenses and Special Circumstances

Every child is different, and every parenting plan is unique. The expenses that are common to most children are assumed to be covered by the child support agreement. These days, many children participate in sports, music and other hobbies. The custodial parent is expected to pay for enrollment fees and equipment. However, if a child participates in an expensive dance training program or enrolls in a private school, the tuition may be part of the child support order. In most cases, it is expected that the custodial parent will work to maintain his or her income. However, the cost of regular child care can create a financial burden. The need for child care will increase the amount of child support.

Getting on the Same Page

Many things can change during the time it takes to raise a child. You or your spouse may have a dramatic change in income for good or for bad. Your child may have the opportunity to go to an elite high school or need special instruction. The custody plan for children might change if your job requires you to move. The child support order that was put into place when your children were young may no longer be equitable. If you’re dealing with any of these issues, a consultation with a child support attorney can help you bring things back into balance. Contact Joanne Kleiner & Associates in Jenkintown by calling (215) 886-1266. We can help you deal with child support issues in Pennsylvania.