CHILD SUPPORT IN PENNSYLVANIA HAS CHANGED!
NEW CHILD SUPPORT LAWS BEGAN ON 4/1/99!

Beginning on April 1, 1999 there were changes in Pennsylvania child support law which may effect the amount of support you are entitled to receive or are required to pay. These changes cover, among other things, how day care and health care costs are shared between parents, how much low income fathers or mothers have to pay towards the support of their child, and how having significant partial custody can effect the amount of support a parent must pay. Even though the changes in the law apply to everyone, the facts of each case are different. It is possible that nothing will change for you. Before you file any legal papers, it is very important that you consult a legal source to have your situation evaluated. Once you file legal papers, the court will determine what the correct amount of child support should be, even if it is not what you asked for in the court papers you filed. For example, hearing about these changes, you might ask the court to increase your child support. However, when the new laws are actually applied to you and the other parent of your child, it may be that the amount you receive is decreased! This flier will highlight some of the broad changes, but it is impossible on one page to even estimate how much support your child is entitled to receive.

IF YOU THINK THE NEW CHILD SUPPORT RULES MAY AFFECT YOU, CONSULT A LAWYER!

Standard Calculation - For the first time in many years, the way that child support will be calculated has changed. The old guidelines were based on 1970's basic cost of living standards. Now the assumptions about how much it costs to raise a child have been adjusted to reflect today's high cost of living for the basics of shelter, food and clothing.

Day Care Costs - Until now, day care costs have been shared equally between parents, even if one parent earns much more than the other. Now day care costs will be shared proportionately, or according to the amount of money each parent makes. However, custodial parents must also now make use of the tax credits for day care costs.

Health Care Costs - Both parents will now share proportionately in the payment of health insurance premiums, according to their incomes. If one parent pays health care insurance premiums for their child (usually deducted from their paycheck) that parent's support obligation will be adjusted. In the past, the amount a parent paid was just subtracted from their net income, which did not significantly change the amount of their support. Making a separate adjustment for health insurance payments will have a greater impact on the amount a parent must pay in child support.

Reduction for Partial Custody or Shared Custody - If a parent with partial custody of their child has the child for at least 40% of the nights each year, that parent may be entitled to a reduction in the amount of support he or she pays to the other parent. Although custody and support cases are generally treated separately at Family Court, and a parent should not be allowed to increase his or her partial custody time just to reduce their support, if the arrangement you have for partial custody meets this 40% test, your support could be adjusted. Also, if custody is shared and the standard calculation for support would give one parent more than half of the amount of both parents combined income then an adjustment should also be made. This does not mean that a parent will not have to pay support if he or she has the child for more than 40% of the time. Ultimately, support still depends on each parties' income and the child's needs

Low Income Cases - For low income parents who are obligated to pay support, there are new safeguards to ensure that the money left for them, after paying support, does not drop below $550 per month. For people whose income is less than $550 per month, support will only be awarded after considering their actual living expenses. Also, if you are low income, depending on your income and the number of children you have, there will be a special calculation for you to determine how much you must pay which does not compare your income to the income of the other parent.

Mortgage on the Marital Home - If you still live in the marital home with the children and your spouse is obligated to pay child support, you may be entitled to receive assistance with the mortgage in addition to the amount of child support your children receive. If the amount of the mortgage is more than half of your net income then your spouse may be required to pay a proportionate share of the excess amount.

These are only a few of the changes.
Obtain legal advice if you think you are entitled to a change in your support!

Other Important Reminders

If you are a victim of domestic violence and receive welfare benefits, you should not be required to file for child support against or to provide information about the abusive parent. If your caseworker insists that you file be sure to seek legal advice.

If your child is in foster care or has been declared delinquent you may have to pay child support to the Department of Human Services in Philadelphia or Children and Youth Services in other counties. If DHS or CYS sues you for support, seek legal advice.

If you wish to file for child support or file to change the amount of support, in Philadelphia clerks at Family Court (34 S. 11^th Street) can help you do so free of charge. You may only have to pay a $5.00 filing fee for first time complaints. If you cannot afford the fee you can ask for it to be waived.

When you go to the support conference, which is the first stage of a support case, if you believe that the amount of support proposed by the conference officer is not correct you have a right to request a hearing, called a Master's Hearing, to dispute the amount of support. You should make that request at the conference.

If you cannot afford a lawyer, you may be eligible for free legal assistance.
Please feel free to contact Philadelphia Legal Assistance at 215-981-3800
for information about your eligibility for our services and our intake hours.

This flier was prepared by Stephanie A. Gonzalez, Supervising Family Law Attorney at Philadelphia Legal Assistance. This flier is not intended to give legal advice but only to provide information about changes in the law which may affect your situation. If you have any questions about your child support, please consult an attorney. (c) May, 1999.