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Paying child support in Pennsylvania: a survival guide

November 4, 2013 · by Pittsburgh Family Law Services, P.C.

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You have been ordered to pay support for your spouse and/or for your children. Despite your willingness to make the best of a difficult situation, the “one size fits all” Domestic Relations system can still trip you up. The devil is always in the details where support orders are concerned, and losing track can cause you grief down the line. The suggestions below should help you stay out of trouble and protect your rights.

READ YOUR ORDER. You are bound to its terms, even the “boilerplate.” Know your obligations as well as your rights. Violating your order can get you into serious – and expensive – trouble. Remember that the best way to get out of trouble is not to get into it in the first place, and forewarned is definitely forearmed.

WHEN YOUR INCOME CHANGES SUBSTANTIALLY, your Order requires you to report the change to the court and to the person receiving the support money, in writing. This includes substantial increases and decreases of income and change (or loss) of employment. Even though reporting a raise might end up with you being dragged back to Court for a possible increase in support, your silence assumes the risk that it could come back to haunt you later. When you change jobs, be sure to provide the court with your new employer’s name and address as soon as possible, and remember that the ultimate obligation to pay support is yours, and not your employer’s. All communications to the court should include your ten-digit Member Number (which the court will assign), your docket number and nine-digit PACSES number. Keep track of all communications with the court (including the date of your communication), and keep copies of anything you send. When you send something to the Court, you should also send it to the person receiving the support or his/her attorney.

CONTACT YOUR ATTORNEY PROMPTLY if you lose your job, take a substantial pay cut, if anything else happens that might interfere with your ability to pay, or if you are notified that a hearing has been scheduled in your case. If you are considering leaving your job for one with lower pay, discuss this with your attorney before resigning. Letting time pass without taking action can get you into trouble if you fail to pay as ordered, and will postpone any favorable changes to which you might be entitled. Usually, changes to support orders only date back to when you filed your request for modification. Talk to your family law attorney before requesting modification, because those requests can sometimes backfire on you. Remember that reporting a reduced income to the court is not the same thing as asking for a modification to your support order!

DON’T WAIT FOR THE WAGE ATTACHMENT before you start paying. Your payroll department can take up to a month or more to process the wage attachment order, and meanwhile you are on the hook. After all, you are the one who will be in trouble if you become delinquent in your obligation. There will be a new line-item deduction on your paycheck when the wage attachment takes effect; meanwhile, for each paycheck that does not deduct your support payment, you should send a check for a pro-rated amount to the court (your family law attorney can provide you with a payment coupon if the court did not). If you are paid every two weeks, multiply your monthly support obligation by 12 and divide by 26 to learn how much to send from each pay. If possible, avoid paying by money order; all your receipt can prove is that a money order existed, and not who cashed it.

OBEY THE ORDER. The court will enforce its own orders. Even if you are appealing the order or waiting for a hearing for the court to consider modifying your order downward, you remain obligated to obey each order unless and until it is changed. If you fall too far behind in your support obligation, automatic enforcement procedures start to kick in that can include contempt proceedings, suspension of driver’s license and professional license, increased payment against arrears, negative credit agency reports, and tax refund interception.

WHEN YOUR CHILD EMANCIPATES, your obligation to support that child ends. A child usually emancipates when he or she turns eighteen years of age, and no longer attends High School. Exceptions can be made for adult children who have never been emancipated, and are incapable of self-support due to extreme physical or psychiatric handicaps. The burden is on you to request support termination in a timely fashion, since the termination usually cannot be effective before you file your claim.

NEVER MISS A HEARING. Failure to attend a scheduled hearing can result in the court proceeding without you (and you will be stuck with the result!), and it can even issue a “body attachment” warrant for your arrest. You will usually be notified of hearings only by a single letter sent by first class mail; if that mail is not returned by the Post Office as undeliverable, the court will assume that you received it and have been notified, whether you actually know about the hearing, or not. If the court sends you mail, always open and read it right away! You can ask the court for postponement of a hearing if you are unavailable, but always through Motions Court, and always in advance; the responsibility is on you to take care of this properly, and in a timely fashion. Assume that no excuse is good enough to get you out from under the penalties from a missed hearing, except the most extreme emergency… and even then, it will be your responsibility to be proactive.

IMMEDIATELY REPORT CHANGES OF ADDRESS TO THE COURT and the other side. This is your responsibility and no one else’s, and it is in your interest to ensure that the court knows where to send notices to you. Make sure that your family law attorney also knows your change of address, even if he no longer represents you, unless he officially withdrew. Sometimes, attorneys are served with court notices instead of you, and your attorney needs to know where to forward the notice.

NEVER COMPLETELY TRUST THE WORD OF COURT PERSONNEL OR YOUR “EX” without something in writing to back it up. When dealing with the court, different people will sometimes tell you different things, especially if you are on the telephone; you will probably never know exactly who you are dealing with, how much he or she actually knows, how much authority the person actually has, or whether the person will follow through. Support payees have been known to “forget” about direct payments or promises, especially when there is no paper trail for proof. “The clerk told me it was okay if…” will never get you out of trouble, nor will “My ex told me it was okay if I got behind in my support for a while, as long as I catch up later.” Play it safe, and consult your family law attorney.

DO NOT PAY YOUR “EX” DIRECTLY, once the Order is issued. Without a “Notice to Credit Direct Payment” form filed promptly with your local collection office, you only get credit for payments made through the Pennsylvania State Collection and Disbursement Unit (PA SCDU) in Harrisburg. Play it safe and pay only through SCDU, or you risk having to pay the same debt twice.

IF YOUR EMPLOYMENT IS SEASONAL OR YOUR OVERTIME FLUCTUATES, this should have been taken into account when your support order was issued. The fact that your income drops during portions of the year does not usually reduce your support obligation during those times. Be sure to set aside some money during the good months to pay directly to the Court during your off season, to ensure that you do not fall behind in your support obligation. Your duty to pay continues whether or not you are bringing in enough money during a given month; preparing in advance can turn what could have been a personal disaster into a mere inconvenience. If you are not sure how much to send, talk to your family law attorney.

KEEP GOOD FINANCIAL RECORDS. This includes tax records and pay stubs, as well as any and all other sources of income (unemployment compensation, “side jobs,” etc.). The more organized you are, the more effectively your family law attorney can advise you and represent your interests.

THERE IS NO ACCOUNTABILITY FOR HOW THE SUPPORT MONEY IS SPENT by the recipient. You have no right to demand receipts, or to insist that it be spent in particular ways. It just goes into the recipient’s household income.

YOU MUST MAKE YOUR SUPPORT PAYMENTS EVEN IF YOU DO NOT OR CANNOT SEE YOUR CHILDREN. Custody rights and support rights are usually not connected. If you try to withhold support because you are being prevented from seeing your children, the court will see it as if you were punishing the children for the other parent’s actions. For that reason, refusal to pay child support can harm your custody case. If you are being denied access to your children, discuss the matter with your family law attorney promptly, because delay is another thing that can harm your custody case.

WHEN IN DOUBT, FIND OUT! Was your most recent payment received? Are you behind in your support? How much do you still owe on your arrears? These and other questions can be answered by contacting the Pennsylvania Statewide Collection and Disbursement Unit (PA SCDU) at 1-877-727-7238, or on the web at www.childsupport.state.pa.us.

SOME OF THE SUPPORT YOU PAY MAY BE TAX-DEDUCTIBLE. Child support is not deductible from your Federal taxable income, but spousal support (and alimony) usually is. Many support awards for spouse and children are unallocated, meaning that they do not separately identify one part for your spouse, and another for your children; payments on unallocated awards are usually completely deductible from your Federal taxable income; consult your family law attorney and/or a tax professional to be sure. Be sure to keep your own records for tax purposes, since (unlike your employer) the court will not supply you with a year-end summary statement. You can get a printout of how much support you have paid during a particular year either from your local court, or from the web at www.childsupport.state.pa.us.

IF YOUR CHILD IS NOT LIVING WITH THE OTHER PARENT to whom you are paying support, you should promptly ask the court to terminate the support award, since any delay will delay termination of the award. Worse, if your child is or was in County placement and you do not terminate the support award to the other parent, you could find yourself paying support twice for the same time period! The County will sue you for support to recover a portion of its costs during the period of County placement, even if your child is no longer in custody at the time you are notified of the suit (which can happen even years afterward). It is sometimes possible to win against the County’s support claim based on their delay in proceeding, and/or an inability to pay.

If you need legal assistance with your divorce or family law matter in Southwestern Pennsylvania, call my office to set up a personal consultation with an experienced Pittsburgh child support lawyer, and to learn more about Pennsylvania child custody laws and how they affect you. Please do not comment anonymously, and do not post anything that you consider confidential. We try to be responsive to commentary and questions, but know that posting here will not create an attorney/client relationship and that we will not offer legal advice via the Internet.

I got served with divorce or custody papers in PA. What do I do?

April 9, 2011 · by Pittsburgh Family Law Services, P.C.

Family Law Litigation Attorney in Pittsburgh
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Lawyers are men whom we hire to protect us from lawyers. — Elbert Hubbard

Maybe you were expecting this, maybe not, but here it comes: your spouse has filed a Complaint for divorce or child custody (or both!), and now you hold papers in your hand that ominously proclaim: “YOU HAVE BEEN SUED IN COURT.” The closest you ever got to a courtroom before today was fighting a traffic ticket. What do you do now?

Don’t panic.
Douglas Adams had it right: DON’T PANIC. You will get through this. So will your children. Even if the papers you hold impose deadlines, schedule events for you to attend or require payment of fees, odds are that you have at least a couple weeks of breathing room. You have the chance to make good use of the time you have, and more options than you probably think you do. The key not just to survival, but also to success, is above all to keep your head together and to keep reminding yourself: don’t work hard, work smart.

You have been sued in court.
Even a friendly divorce process (well, as friendly as they get) is still a lawsuit. Your spouse, as the Plaintiff, wants something from you that the court has the power to grant. That does not automatically mean that you are going to fight about your divorce, or your property, or your children, but it does mean that your rights and options are going to be affected. When you read the Notice to Defend, take it seriously. Your actions (or your inaction) will have consequences. Educate yourself as thoroughly as you can about where you stand and what your options are, so that the decisions you make are informed ones; in this game, “do-overs” are rare, and often expensive. If you are unsure of your rights, options and obligations or how to exercise or fulfill them, spending a little money now to meet with a lawyer to discuss matters might save you from having to spend a lot of money, later. Let your rule of thumb be: never guess when you can know for sure.

Anatomy of a Complaint.
COVER SHEET: this tells you who versus whom, what particular court is involved, the title of the document, on whose behalf it was filed, and how to contact the lawyer who filed it. A miniature version of this will appear as a “caption” at the top of many documents connected with your court process.

NOTICE TO DEFEND: this is a series of warnings intended to get your attention and encourage you to take this seriously. Take this seriously! It will offer you contact information for the local bar association or lawyer referral service, if you do not already know how to hire a lawyer. As a wise reader, though, you already know that all you really have to do is to call the telephone number at the bottom of this article!

THE BODY OF THE COMPLAINT. This will be a series of numbered paragraphs, each one making an assertion of fact. At the end of each set of factual allegations will be a short paragraph beginning with the word “WHEREFORE,” that tells the court what the Plaintiff wants it to do (e.g., legally dissolve your marriage, divide property, award custody of children). This invokes the jurisdiction of the court over the issues identified, and sets the stage for whatever litigation is going to happen next (if any).

VERIFICATION PAGE. The Plaintiff has signed an affidavit stating that the facts he or she alleged in the Complaint are true, subject to criminal penalties for unsworn falsifications. Don’t let the words “criminal penalties” give you any ideas about “getting” your spouse or co-parent for errors or misstatements, though. Overall, Family Court is unlikely to be interested in arguments over the kind of “technicalities” you hear about in criminal trials.

SUPPORTING DOCUMENTS. There may or may not be additional documents that were served on you with the Complaint, or that you will receive afterward. They can include information sheets in connection with a support claim, orders to participate in child custody-related educational or dispute resolution programs, instructions to pay fees, or a document stating that your marriage is irretrievably broken and that one year or more has passed since your final separation.

A note about that last item: if you are served with a document called an “Affidavit under Section 3301(d) of the Divorce Code,” which states that your marriage is irretrievably broken and that one year or more has passed since your final separation, you are probably facing a deadline of not more than 40 days either to do something affirmative to protect your rights as a spouse, or to risk losing them when a divorce decree is awarded without need for your consent.

Read everything both carefully and thoroughly.
The papers you hold are your spouse’s or co-parent’s representations to the court about what is going on, and what he or she wants the court to do about it. They will tell you what he or she is asking for, and (by its absence) what isn’t being requested at this time. They may contain instructions to attend programs, or to pay fees. They may include deadlines. If action or a response is necessary, and you do not act or respond as the court instructs, there are consequences that can be severely negative. Don’t stick your head in the sand; of all the luxuries you cannot afford, that is the most dangerous of them all.

Often, people will find that all their spouse wants is the piece of paper saying that the marriage is dissolved, because all the Complaint asks for is a Decree in Divorce. If that is the case the matter can be relatively simple, but be sure that you, yourself do not want anything else out of the situation before you decide to cooperate, or to allow matters to go forward without your opposition.

Should I call my ex’s lawyer?
If you are unrepresented, you can contact your spouse’s or co-parent’s lawyer if you wish, to discuss the case and any possible resolution. If you decide to make the call be polite and civil, and know that you have a right to the same treatment from him. Remember that you are calling someone whose job is to protect and advance the interests of someone who wants something from you, whether you want to give it or not. However polite or courteous he is — and he should be! — you can count on the lawyer listening to everything you say with a keen ear, hoping to learn something that he can turn to his client’s advantage if push comes to shove. Keep your conversation on-topic and to the point, and don’t bother trying to convince him that you are in the right and your spouse or co-parent is in the wrong; he’s being paid to do a job, so even if you convince him personally, you won’t convince him professionally. Every lawyer has his game-face, and that’s the only one you get to see when you deal with him. He might be able to answer your questions (except for giving you legal advice, which he can never do), and he might (and should) be telling you the literal truth… but not necessarily the complete truth. Never forget that he has a client to serve and protect, and a set of goals to achieve. Get any promises he may make in writing; a good lawyer will understand why you want that, and will deal with you as fairly as possible subject to his duties to his client. The bottom line here is that the only person in the situation whose job is to protect your interests is you, unless you decide to retain an attorney for yourself. Keep your eyes and ears open, and your critical mind engaged.

Should I file an answer to the Complaint with the court?
Family lawsuits in Pennsylvania are handled differently than civil lawsuits. Pennsylvania law does not require that divorce and child custody defendants file an answer to Complaints. There are times when filing such an answer is desirable anyway, and also times when it is also desirable (or necessary) to file claims of your own in response to a divorce Complaint or a child custody Complaint. There are circumstances (especially if you are being sued for divorce under the ground of Irretrievable Breakdown) that if you do not challenge your opponent’s claims or raise claims of your own in a timely fashion, you can lose important rights. Educate yourself, and if you are at all in doubt, talk to a lawyer sooner rather than later! It is better to get information while there is time to do something about it, than to wish that you had. I can’t tell you how many times in my career I have wished for a time machine, to let me go back months or years to help a client when he or she could have used my help the most.

Set clear and achievable goals.
Don’t fight just to fight, and don’t allow yourself to be provoked into going to great lengths just to “set the record straight.” The paperwork in your hand tells you what your spouse or co-parent wants out of the situation, and now is the time to consider what you want. Stay focused. Make sure that your goals are reasonable and reasonably achievable, remembering that some forms of justice are beyond the authority or willingness of a court to award and must be left to a higher authority. Consulting with a lawyer can give you a useful “reality check” that your goals are achievable, and can offer you guidance about how to go about achieving them. Think of the court as a dance hall, and take the opportunity to learn the steps now that the music has started.

Dealing with deadlines and court dates.
There is an old Latin expression: festina lente, or “hurry slowly.” Haste is not the same thing as speed, and just as in a distance race, starting promptly and pacing yourself can be the key to success. You need not fear deadlines if you organize yourself and your resources, get the information you need, and prepare yourself properly. If you are represented, make sure that your attorney is telling you what you need to do, and what you can expect. Take deadlines and appointments very, very seriously. Know what you are getting into before you get into it. Be where the court says you need to be, pay what the court says you need to pay, and be fully prepared to proceed when you arrive at your appointment. Court is most frightening to those who are unprepared, and who have no understanding of what they are in for. That can be fixed if you are willing to be attentive, proactive and diligent.

If you need legal assistance with your divorce or family law matter in Southwestern Pennsylvania, call us to set up a personal consultation. Please do not comment anonymously, and do not post anything that you consider confidential. We try to be responsive to commentary and questions, but know that posting here will not create an attorney/client relationship and that we will not offer legal advice via the Internet.

How to calculate the amount of child support in Pennsylvania

February 2, 2011 · by Pittsburgh Family Law Services, P.C.

Experienced Pittsburgh Child Support Attorney
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One of the more challenging issues for separated parents to resolve is arranging for child support. In Pennsylvania, provided that the parents agree, there is often no need to go to court. If one parent sues the other, though, support will be calculated according to state guidelines.

The purpose of child support.
Each parent has an obligation under the law to support his or her children. The “custodial parent” (that is, the parent with whom the children spend the majority of their time) fulfills that obligation by maintaining the household in which the children reside, by paying mortgage or rent, buying groceries, maintaining home utilities, keeping the car running, etc. The “noncustodial parent” usually supports the children by paying a certain amount of money each month into the custodial household according to a set of child support guidelines.

There can be frustrations for both the parent who has to pay, and the parent who gets the payment. The first might question whether the money is actually being used directly for the children, and the other might wonder how to meet the needs of active, growing children even with the support money. All of this can create tension for the children if their parents are careless, especially when one or both parents make the mistake of discussing support woes with them or — worse — trying to enlist them in an effort to influence the other parent. Too many children have to listen to statements like, “Your father the cheapskate would rather spend money on his girlfriend,” or “Talk to your mother if you want that; that’s what I pay support for.” Try not to go there.

The Pennsylvania child support guidelines.
When parents go to court, their net monthly income or earning capacity is determined and then child support is calculated by a formula using a guideline chart to determine the presumed correct amount. As you explore the chart, please realize that the guideline is only a starting point. The support number that you end up with can be affected by many considerations such as children of other relationships, certain expenses, and other factors. Please note particularly that when a noncustodial parent has a high percentage of custody time that can reduce his or her monthly obligation, and that an equally-shared custody arrangement also has an effect. Consulting with a family law attorney can help you ensure that you are taking everything into account.

The Pennsylvania Child Support Program website offers a PA child support calculator. As with any online resource (including this one!), use your best discretion and judgment.

Child Support is based on net income.
Usually, this means starting with your annual gross income (or earning capacity), and deducting only income tax obligations (Federal, Social Security/Medicare, state and municipal), union dues, and mandatory retirement contributions. If you don’t want to work from “ballpark” numbers, here are some handy resources I have found to help you with your calculations:
Jim Lange’s 2018-2019 Tax Planning Card
Simple tax calculator (including municipalities)
2017 Earned Income Credit chart (scroll to page 31 for the actual chart)
Pennsylvania Tax Forgiveness tables

Easy taxes to calculate:
Social Security/Medicare in 2017 is 7.65% of gross annual income below $118,500.
Pennsylvania Income Tax in 2017 is 3.07% of gross annual income.
Pittsburgh municipal wage tax for city residents in 2017 is 3% of gross annual income.
Wage tax is 1% of gross annual income for: Edgewood, Fox Chapel, Homestead, McKees Rocks, Monroeville, Munhall, Murrysville, Oakmont, Swissvale and Verona.
Wage tax is 1.3% of gross annual income for: Mt. Lebanon
Wage tax is 1.75% of gross annual income for: Penn Hills

Calculating basic guideline support.
Note: in Pennsylvania, the person paying support is called the “obligor.” The person receiving support is the “obligee.”

1. Add both parents’ net monthly incomes to get a combined income total.

2. Divide the obligor’s net monthly income by the total from number 1, above. This will give you the obligor’s share of the combined income total.

3. Using the leftmost column of the guideline chart, find your combined income total, and then move to the right, to the column for the correct number of children. This is your combined basic child support obligation.

4. Multiply the combined basic child support obligation by the obligor’s share of the parents’ combined income from number 2, above, to get the obligor’s basic monthly child support obligation.

Example: Let’s assume that there are two children, that Father is the obligor and is earning $2,600 net per month, and that Mother is earning $2,200 net per month. Step 1: We add the two incomes to get a combined total income of $4,800. Step 2: We divide Father’s income of $2,600 by the total, and see that he is making about 0.54 (or 54%) of the combined total income. Step 3: According to the guideline chart, the combined basic child support obligation for two children with a combined total income of $4,800 is $1,325. Step 4: Multiplying that total figure by Father’s share of 0.54 yields his basic monthly child support obligation of $716.

Some helpful information.
Cost of medical insurance. If the obligor is maintaining medical insurance for the children at a cost, he or she should get a discount in basic child support obligation equal to the obligee’s proportionate share of the expense attributable to the children. If the obligee is the one maintaining insurance, there is a similar increase in the monthly support obligation. If the children’s share of the expense is not known, the total monthly cost of insurance can be divided by the number of people covered under the policy, and then multiplied by the number of children being supported.

Unreimbursed medical expenses. Usually, the obligee is held responsible for the first $250 per child, per calendar year, in medical expenses that insurance does not cover (such as copayments). After that threshold is reached, unreimbursed medical expenses usually are divided between the parties proportionately to their respective incomes. Keeping good records of expenses and payment is essential.

Child care costs. Usually, child care expenses that are necessary to enable a parent to maintain employment are considered to be the responsibility of both parents, and will be apportioned between them proportionately to their respective incomes in addition to the basic child support obligation.

Support arrears. In Pennsylvania, child support awards made through the court usually have two components: current support, and payment against any arrears. Arrears can accrue because a support obligation is awarded retroactively to the date of the obligee’s claim, or because the obligor did not pay as ordered.

Earning capacity. Sometimes, a parent can be treated as if he or she earns more than he or she is earning from employment. An earning capacity can be assigned, for example, in cases where a parent has chosen not to work (or works “off the books”) to avoid paying support.

If you need legal assistance with your divorce or family law matter in Southwestern Pennsylvania, call us to set up a personal consultation. Please do not comment anonymously, and do not post anything that you consider confidential. We try to be responsive to commentary and questions, but know that posting here will not create an attorney/client relationship and that we will not offer legal advice via the Internet.

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