Child support is a court-ordered obligation in which one parent or spouse regularly pays money to another parent to provide for their child's health, wellbeing and expenses. In Pennsylvania, state courts hear all child support issues and have the right to impose any child support order as long as it is in the best interests of the child.
Effects
When a Pennsylvania court orders child support, or orders a hearing on child support, all parties must comply with the order or face significant consequences. For example, Pennsylvania Code Rule 1910.25-7 states that a court can order a party under an obligation to provide child support to obtain employment. If that person fails to comply, the court can hold that person in contempt and send him to jail.
Considerations
Pennsylvania child support payments continue for as long as a court orders, unless intervening causes terminate the support. Pennsylvania Code Rule 1910.19 states that child support orders can only be modified if a party experiences a substantial change in circumstances, such as a loss of income or physical injury that prevents the payer from earning an income.
Factors
Pennsylvania courts award child support based on a number of factors. As stated in Pennsylvania Code Rule 1910.16-1, the court bases the payment award on the net monthly income of each parent or spouse, and the number of children being supported. The parent with primary custody of the children receives support payments from the non-primary parent.
Misconceptions
Although many child support cases involve the father making payments to the mother, the law does not favor one sex over the other. Child support payments in Pennsylvania can just as easily be made from a mother to a father. Further, child support doesn't necessarily stop once a child reaches the age of 18. A court can order continued support payment for a child who is mentally incompetent or has special needs.
Warning
Child support laws are sometimes difficult to interpret and apply to each case. Always contact an attorney for advice about any child support issues you have. While you can learn a lot on your own, consulting a qualified attorney is always a good idea, and the best way to ensure your rights are protected and the advice you receive is sound.
