Pennsylvania Child And Spousal Support Calculations
Key Takeaways
- Pennsylvania law accounts for both spousal support (alimony) and child support when a couple divorces.
- Child support and spousal support are calculated using formulas governed under 231 Pa. Code Rule 1910.16-4.
- Pennsylvania’s spousal support is more complex than that of other states, as there are pre- and post-divorce types of alimony.
- Working with an experienced and knowledgeable Pennsylvania spousal support attorney can help you receive a fair outcome for your family law cases, along with clarifying any legal issues you should know about regarding child support, APL, or alimony payments.
In many divorce cases, one spouse is ordered to pay child support and, in many scenarios, spousal support. Most often, the man is the party ordered to pay both types of financial support. Once the court applies Pennsylvania’s complex support calculations, this can put excessive financial burdens on husbands and fathers.
At Cordell & Cordell, our lawyers have years of experience navigating the nuances of Pennsylvania’s support calculation process. Our compassionate approach aims to simplify this daunting process, giving you peace of mind and security for the future. Let us fight to keep you from being overwhelmed with excessive support payments.
Types of Support in Pennsylvania
Pennsylvania laws account for both spousal and child support when a couple divorces. Any monies paid by one spouse to another is more complex. Pennsylvania breaks the types of payments down into different categories, with each type requiring specific criteria.
Child Support
Child support is financial payments made by the noncustodial parent to the custodial parent to help provide financial stability to the household where the children live. Child support is designed with the best interest of the child in mind, and money is intended to go towards the care and upkeep of the children. According to Pennslyvania law, child support is paid until a child turns 18 or graduates from high school, whichever is later. Under some circumstances, support may be extended if the child has a condition preventing them from achieving financial independence.
Alimony Pendente Lite (APL)
Alimony pendente lite is a temporary type of spousal support designed to help the lower-earning spouse maintain financial stability during divorce proceedings. The higher-earning spouse makes payments to the other until the divorce is finalized and a divorce decree issued. Alimony pendente lite (APL) ceases upon the final order, satisfying all economic claims. In some cases, this may go beyond a divorce decree in the event there are bifurcated, unsatisfied economic claims, or if a decree is appealed.
Post-Divorce Alimony
Post-divorce alimony, if awarded, commences once a divorce is complete. A family court judge may award this type of financial assistance to the lower-earning spouse to maintain financial stability and a certain standard of living. A court will consider many alimony factors when calculating the final amount of post-decree alimony to be given to the receiving spouse, which usually ends after a specific period of time or if the spouse remarries or cohabitates.
How Spousal Support is Calculated in Pennsylvania
After divorce, any support you would have to pay your spouse would be considered alimony, which is calculated based on the 17 factors enumerated in the Pennsylvania Divorce Code, Section 3701.
Spousal support in Pennsylvania is calculated before child support. Alimony calculations are governed under 231 Pa. Code § 1910.16-4 and are calculated by subtracting 40% of the lower-earning spouse’s monthly net income after taxes from 33% of the higher-earning spouse’s net income after taxes. The difference results in the spousal support payment amount.
Depending on the couple’s situation, adjustments may be made as determined by the court in the form of a need-based budget assessment. This additional list of factors may change the amount of alimony:
- Whether or not a couple has children, and child support payments are expected
- Level of income of the higher and lower-earning spouses
- Whether the couple carries a mortgage payment liability
- If child custody is equally shared or one parent assumes physical custody
Pennsylvania alimony support can go on for an indefinite amount of time and is typically not modifiable. Support ends upon the death of either spouse, remarriage, or cohabitation.
How Child Support is Calculated in Pennsylvania
Pennsylvania determines child support using specific details for each parent to include in its child support calculations.
- Total monthly net income (do not include Social Security Disability or public assistance as sources of income)
- Number of minor children
- If other child support is being paid (qualifies as a deduction)
- Deductions for mandatory union dues
- Deductions for federal, state, and local taxes
- Each parent’s percentage of the income
- Expenses relating to child care, education, and healthcare
Using this PA calculator*, the court will determine each parent’s percentage of obligation and the amount of child support payments to be made to the custodial parent.
*Use caution when utilizing online calculators. They can be helpful to get a general idea, but it can be difficult to determine an exact amount if you don’t have 100% of the precise information necessary to get an accurate figure.
Why Work With Cordell & Cordell?
Cordell & Cordell has been championing men’s rights in family court since 1990. Historically, men have felt as if they were treated unfairly in child support, child custody, and other domestic matters.
If you are facing paying support, you should have a Pennsylvania divorce lawyer run the support guidelines for you and give you an idea of how much you should expect to be ordered to pay in support if your wife pursues this action.
We believe in representing men, acting as advisors and advocates to help protect their financial and family interests. If you believe you have been treated unfairly, we will use our intelligently aggressive approach to litigate your case in the Pennsylvania court.
What Our Clients Say
“[My attorney] is the very definition of perfection! She helped me so much in so many different ways that I can’t count. She always made me feel like I was her only client. She responded with only information that I needed and responded in a timely manner. I don’t think I would have ever been treated this way if it was anyone else. I was referred by another client of the firm. He told me that your firm did his case and that he wouldn’t use anyone else. I second that! If I ever (and I hope I don’t) have to use your services again, it would be because of your people who have been working hard and professionally unmatched!!” — Jeffrey M.
“She was amazing. She did a really great job. She was my divorce attorney, and my ex even said he would give her 5 stars. She was phenomenal.” — A.
Support For Men Through Divorce and More
Working through the divorce process is difficult enough from an emotional standpoint, especially if you must leave the family home. Financing your own separate home while maintaining spousal and child support can also be challenging.
If you are a man facing divorce and are susceptible to being ordered to pay spousal support, child support, or alimony in Pennsylvania, please consult with a divorce lawyer in your jurisdiction to protect your rights. Cordell & Cordell has offices and family law attorneys located in Philadelphia, Pittsburgh, and Radnor should you seek additional information, legal advice, or possible legal representation.
To schedule an appointment with a men’s divorce attorney, please contact Cordell & Cordell at 866-DADS-LAW (323-7529) or fill out our online contact form, and a member of our legal team will reach out to you.
Frequently Asked Questions
The court will determine support based on your present income or earning capacity to at the time of the hearing. If your current salary is less than your reasonable ability to earn, the court can consider this and calculate your support obligation as if you were earning a greater amount.
If you experience a material change in circumstances, such as a job loss, medical condition, your ex-spouse remarries or cohabitates, or another major change occurs that affects finances, you can pursue a modification to increase or decrease spousal and/or child support. In the case of alimony, unless otherwise ordered or agreed upon, it is generally not modifiable.
Some factors may alter the support calculations formula, which may include but are not limited to:
- The amount of overnight custody
- Material increase in either party’s income
- Material decrease in either party’s income
- If medical expenses are excessive for the person paying support
In most cases, the parent who spends more time with the child, usually the primary custodial parent, is the recipient spouse for child support from the noncustodial parent. Parents who have greater than 40% of the overnight custody of a child are entitled to a discount on their child support for substantial partial or shared physical custody.
Yes. A party who substantially outearns the other shared custodial can still be forced to pay support to the other party.
Child support and spousal support are generally modifiable with a material change in circumstances. Alimony is generally not modifiable unless otherwise ordered or agreed upon.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
Pennsylvania Resource Articles
