Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

child support

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.

Jul 20

Can Workers’ Compensation Be Used to Pay Child Support?

Can I Get Child Support From Workers’ Comp Payments?

When you have primary custody of your child, you have the right to seek child support from the noncustodial parent. If your ex is one of the 3 million Americans who are injured on the job each year, you might hope that workers’ compensation is a way to get extra child support. Keep reading to find out if workers’ compensation can be taken away to pay for child support.

Is Workers’ Comp Used As Child Support?

When it comes to child support, the legal system is set up to make sure that children get their basic needs taken care of. Any sort of personal income, including wages, investment dividends, pensions, disability benefits or social security benefits, can be a type of child support.

Therefore, if you have custody and need child support, the noncustodial parent’s workers’ compensation payout should be used to calculate the obligation amount. Workers’ compensation is usually meant to make up for the lost wages that a person could not earn due to injury. So, essentially, it becomes a form of wages that should be used to support your child.

A child support agreement can be made any time one of the parents of a child does not have full custody, so there are a few different circumstances where workers’ comp payout may be used for child support. If you get divorced and are awarded custody of your child, you may be able to start getting workers’ comp as part of your child support. You may also start receiving workers’ compensation payments as part of your child support if you establish that the person receiving the benefits is the father of a child.

Will a Workers’ Comp Award Change Your Child Support Payments?

Any workers’ compensation benefits a person receives will be used to calculate child support if you are still working out custody arrangements. But what can you expect if you already get child support, and then the other parent suddenly wins a workers’ compensation lawsuit?

It turns out that any change in income can result in a change to child support payments, but it doesn’t happen automatically. Either you or the other parent or guardian of the child will have to petition the court to change the previous child support agreement.

If your ex is not making as much money since getting injured, he or she can explain the situation to the court and ask that they lower the payment requirements to reflect his or her reduced income. However, if the workers’ comp award means that the other parent is now making more than you used to, you can get your child custody lawyer to ask the court to raise the amount of child support.

Can Workers’ Comp Be Garnished?

What happens if the other parent is required to pay part of their workers’ compensation award as child support but does not want to? Once you have custody, you can initiate a court case to get the support you are owed.

In this situation, a child custody lawyer can explain to the judge that your partner was capable of paying support but refused to. If the judgment is in your favor, the court can order garnishment of the workers’ compensation. This would mean the money is automatically taken out of a compensation benefit check or lump sum payment and given directly to you as the custodial parent. You might find that the workers’ comp garnishment includes taking money for past owed child support and current child support payments.

If you have any other questions about how child support and custody rulings affect workers’ comp payments, the Law Office of Joanne Kleiner can provide assistance. We are happy to help residents of Montgomery, Bucks and Philadelphia counties navigate the challenges of paying child support. Call our office in Jenkintown, PA, at (908) 200-2297 or fill out our online email form to set up a consultation now.

Jan 18

Common Reasons for Child Support Modification Orders

Why a Judge Would Modify a Child Support Order

On average, a noncustodial parent pays $430 per month in child support, but this amount could be higher or lower. It would depend on various factors such as your income, the number of children you have or whether a child has special needs. If your financial situation changes, it’s also possible that your payment could increase or decrease.

A Modification Could Occur If a Parent’s Employment Status Changes

Losing your job could be grounds for having a child support order modified. This may be true regardless of whether you are the custodial or noncustodial parent. In such an event, a judge might look to see whether you have any other assets that could be liquidated in an effort to make payments as currently ordered.

Conversely, if you were to see an increase in your pay, it may be possible that your child support obligation would be increased. If the other parent got a new job that came with a higher salary, he or she could be asked to accept more of the financial burden of raising a child. In that case, your payment could be decreased.

Unexpected Medical Expenses Could Result in a Modification

If you were to become ill, it could mean thousands of dollars or more in out-of-pocket medical expenses you didn’t budget for. That cost could have a negative impact on your ability to provide for your child. While you should still make an effort to provide to the best of your ability, a judge may nevertheless agree to modify an existing child support order due to your circumstances.

 

A child support attorney may be able to further explain how medical bills could impact an existing order. In the event that your child becomes ill or has medical needs that must be paid for, you could be asked to contribute more money each month until those needs subside.

Child Support Can Be Modified If Parental Roles Change

In the event that you start spending more time with your child, it may be possible to ask to pay less in child support. This is because the state generally recognizes that housing and feeding a child and otherwise meeting immediate needs are valid forms of support.

Of course, there is no guarantee that this will be true in your given case. As with any other matter pertaining to child custody and support, the best interests of the child are the primary concern. Therefore, if a child needs the additional financial support, he or she will be allowed access to it.

If the Other Parent Receives a Financial Windfall

In addition to getting a job with a higher salary, there are other ways in which the child’s other parent could see a positive change in financial circumstances. For example, he or she could receive an inheritance from a parent or win the lottery. This could mean that you will be granted the opportunity to pay less in child support each month. In some cases, a personal injury award could also have an impact on child support payments, and your family law attorney can help answer any questions you have on that topic.

Alterations When the Child Is About to Turn 18

Assuming that a child does not have any special needs, your obligation to pay child support generally ends when your son or daughter turns 18. In Pennsylvania, you typically have to request that a support obligation be terminated at least six months prior to this taking place. You should be aware that you may be obligated to help pay for college tuition or other costs in certain cases even after a child reaches the age of majority.

If you need a child support attorney to help with your case, contact the Law Office of Joanne Kleiner today. This can be done by calling our office in Jenkintown at 215-886-1266. You can also send a fax to 215-886-2670.

Jun 27

Learning More About Child Support in Pennsylvania

Child support cases in Pennsylvania are governed by the Bureau of Child Support Enhancement, operating within the Department of Public Welfare. The BCSE offers a number of services to qualifying families, including locating the non-custodial parent, establishing paternity, establishing a court order, and helping out with matters related to these types of cases. Parents who need assistance or want to learn more about the available options often benefit from consulting a child support attorney.

Child Support in Pennsylvania

Child support is a court-ordered payment designed to help with the costs of raising a child. The support typically lasts until the child turns 18, but it may last longer if there are mental or physical conditions that require continued support. Parents can come to a mutual agreement and have the judge approve the support order. However, most cases are initiated by one of the parents filing an application for child support with the Domestic Relations Office.

Calculating Child Support

Once the parents are living separately, the primary custodial parent who has the child for more than half the overnights during a two-week period is entitled to collect child support. When the parents have agreed to shared custody and split time evenly, the parent who has the lower income is entitled to collect child support.

The support order may include monetary support for clothing, shelter, and food as well as support for child care expenses, basic education expenses, and health insurance. Extracurricular activities, visitation travel expenses, and extraordinary medical costs may also be incorporated into the support order. Even if a parent isn’t working, he or she can be ordered to pay child support. If the child isn’t in either parents’ care, both parents can still be ordered to pay child support.

Filing a Complaint and Gathering Documentation

Having a child support complaint filed with the Domestic Relations Office is the first step of initiating the process. Afterward, a Domestic Relations Office conference officer will be scheduled for your support conference. Each parent has the right to use legal representation and will be instructed to bring along important documents, including relevant tax returns, pay stubs, medical insurance cards, tuition expenses, day care costs, and documentation of child-related expenses.

Getting a Guideline Number at the Support Conference

With the documents provided at the conference, the DRO officer will collect information on income and expenses from both parties. The information is inputted into the system while you’re still there in the conference room. The computer system generates a guideline number for support from the income and expense data. Pennsylvania has published a child support guidelines table indicating how much the courts believe it would cost to support the number of children if the parties were still living together.

Calculating Support With the Guidelines Formula

Obtaining the monthly net income for each party is the first step of calculating the guideline amount. Net income doesn’t include withheld taxes or similar mandatory withholdings. The incomes are combined and used to look up the total support amount for the appropriate number of children provided on the PA Support Guidelines chart.

The corresponding amount is then allocated to the parents based on the proportion of income each earns in the equation. The amount of support allocated to each parent can increase or decrease based on the time spent with the children or changes to which expenses are being paid for. Often, calculating child support just comes down to putting numbers into the state’s formula.

Getting Legal Assistance With Child Support

However, bringing legal representation to the Domestic Relations Office can still be beneficial. Lawyers well-versed in divorce and family law understand which expenses qualify for an increase or reduction in support. Legal counsel also has experience with asking the right questions to uncover hidden income potentially being concealed by the other party.

Having a lawyer is also helpful for negotiating an arrangement or amount of child support that’s independent of the guidelines. If circumstances have changed, then a child support order can be changed for either party by asking the Domestic Relations Office to schedule a modification conference.

Hire a Lawyer From Our Office

If you want to learn more about child support, how to navigate the legal system, or which options are available to you, then contact our child support attorney today at the law office of Joanne Kleiner. Our Jenkintown family law office can be reached at (215) 886-1266.