child support

In Pennsylvania, as in most states, a parent has the legal obligation to provide support for a minor child, with the requirement terminating on the child’s 18th birthday. There are instances, however, when that responsibility may cease before the child becomes 18.

Unlike many other jurisdictions, Pennsylvania does not have a statute that identifies the circumstances under which a minor will become emancipated. Instead, the courts have held that the determination of whether or not a minor is emancipated is an issue of fact, to be evaluated and decided based a number of criteria, including:

• The extent to which the child is living on her or her own
• Whether or not the child is dependent on a parent for support
• The extent to which the child relies on parents to make decisions regarding employment, education, health or other key factors
• The age of the child seeking emancipation or whom a parent seeks to establish as emancipated—the younger the minor, the less likely the court will find the child to be emancipated

If the court concludes, based on the facts, that the child is emancipated, the court may rule that the parents no longer have any legal responsibility to provide for the child’s welfare.

It’s important to understand, though, that a determination of emancipation is not necessarily permanent. If a minor is determined to be emancipated, but circumstances change, such that the minor is no longer able to either provide for his or her own needs, or make his or her own decisions, the court may invalidate the emancipation and order parents to provide support.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

Breakdown of “Glass Ceiling” Leads to More Moms Paying Child Support

As more and more women break into professions once dominated by men, and more and more women become the primary breadwinners in their marriages, more and more dads are taking on roles traditionally the domain of women—watching kids at home, taking children to and from school, attending school activities and monitoring free time. One of the unexpected consequences—more and more dads are asking for (and receiving) child custody and child support when parties divorce.

The long-held assumption, previously written into the law in many states, was that the mother was biologically more suited to be a nurturer. Known as the “tender years doctrine,” the principal was routinely used to grant physical custody to mothers. All of that has changed, however.

The tender years doctrine is no longer officially accepted in any jurisdiction. Instead, courts are generally charged with establishing custody, visitation and support arrangements that are “in the best interests” of minor children. Where the minor children have spent most of their waking hours with a stay-at-home dad, the overwhelming trend is to give custody to the father, and accordingly to order the mother to pay child support.

Every state has its own formula for determining child support, typically taking into account the incomes of both parties, as well as any special needs of the child. Courts won’t automatically grant custody to the stay-at-home parent at the time of the divorce, but try to look at the situation and make a decision that is in the best long term interests of the children. But a couple trends do seem clear: the parent who had primary responsibility for meeting the children’s financial needs during the marriage will still have that responsibility after a divorce, and the parent who had the most impact and day-to-day contact with the children will likely retain the role as custodial parent.

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At the law office of Joanne E. Kleiner & Associates, we have protected the rights of men and women in and around Philadelphia for more than 25 years. Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Making Certain Your Child Support Agreement is Fair

If you are divorced and have minor children, you want to know that their basic financial needs are being met, but you also want to know that you and your ex-spouse are both paying your fair share. In Pennsylvania, as in other states, the amount of child support ordered, unless agreed upon separately by the parties, is based on a state formula. The formula typically takes into consideration the income of both parents, as well as any special needs of the child.

Working Out an Agreement

If you and your spouse want to work out an agreement, there are some things you need to know up front:

• A non-custodial parent who makes the same amount or less than a custodial parent will still be likely ordered by a court to pay support. Child support is designed, in part, to ensure that both parties share in the costs of maintaining the child’s principal residence. The custodial parent will have more expenses for food as well.
• It will be harder to collect back support—Without an order from the court, it can be difficult to collect back support, if your spouse falls in arrears.
• The court may reject your agreement if there is evidence of domestic violence, misrepresentation, duress or undue influence
• The bottom line—what’s best for your children. It’s not about how much you can get or how little you can pay. It’s about what your children really need. Paying less than they need can make their home life difficult, but demanding more than they need can put them at risk when they visit the non-custodial parent, as the non-custodial parent may be unable to a safe environment.

Obtaining an Order from the Court

Though the court will use the state formula as a guideline, the judge always has the discretion to order more or less, based on circumstances. The important factors when asking the court to order child support are:

• Ensuring that all reasonable income is included in the calculation—any consistent income, from any source, ought to be included
• Making certain that you address special needs, including health insurance, cost of uninsured medical care and private school tuition, if applicable

Contact the Law Office of Joanne E. Kleiner & Associates

Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

As a parent, you want to make certain your child’s financial needs are being met. If you are no longer married to your child’s other parent, you do not have to be responsible for more than your fair share, and paying support to your spouse when your child no longer lives at home is not your responsibility.

PENNSYLVANIA LAWS GOVERNING CHILD SUPPORT

The duty to pay child support in Pennsylvania ends once a child reaches age 18 or graduates from high school, whichever occurs last. Once your child is over 18 years old, and a high school graduate, you no longer have a legal duty to support them financially.

In order to ensure that your current support order is canceled on time, file a Petition for Modification in the county that the order was entered, which will be located at the top of the support order you received. If you do not file a Petition for Modification, the DRS (Domestic Relations Section) office in the appropriate county will send an Emancipation Inquiry to the custodial parent.

Although Pennsylvania does not force parents to assist with college funding, a parent might choose to impose this responsibility onto themselves. If an agreement to support a child through their college education is part of a marital settlement, the Court will enforce it.

CONTACT A SKILLED JENKINTOWN FAMILY LAWYER AND DIVORCE ATTORNEY

An experienced Pennsylvania family law attorney can help guide you through the child support process. To discuss your particular situation and learn about your options, please schedule a confidential consultation with attorney Joanne Kleiner by calling us at 215-886-1266.

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