One of the major issues arising in divorce proceedings that involve children is child support. I am in this post, going to discuss how child support works in the most general of terms based upon the elements important in the Commonwealth of Pennsylvania. Please note that the statements that I make are general and may not apply to you. Moreover, they are not to be construed to be legal advice and are discussed here for informational purposes only.
Typically divorces start with the filing of a Complaint in Divorce in the county in which at least one of the parties resides. The Complaint alleges that the parties should be divorced and gives a reason under your state’s laws. The Complaint is typically answered after it is served on the opposing party. “Service” means that the document is sent to the other party and or is handed to them so that they have notice of them being sued. Every jurisdiction has its own rules about what constitutes being served with the complaint and those rules should be followed to make what is often called “adequate service.”
After the Divorce Complaint is filed, a complaint or Motion for Support is filed. This is a document that tells one party that the other party wants child support to be paid. Support is typically determined by some sort of calculation. That calculation and the numbers that go into the calculation, are usually set forth in a statute. Confining ourselves to the Commonwealth of Pennsylvania, support is primarily calculated from the following factors:
- How much the parties earn;
- The parties’ assets;
- The amount of custody time the parties have;
- Who pays for healthcare;
- The children’s lifestyle prior to the divorce (the more financially privileged they were the more you tend to pay to maintain that lifestyle).
There are other factors which effect the amount paid, but in general the abovementioned factors are the biggies. These factors go into a calculation based upon a statutory chart (in PA) – and from that chart you obtain the calculated amount you pay. Your state likely has something similar. Some states have child support calculators online that you can use to get an idea of what you need to pay.
But before we get ahead of ourselves there is one special thing that needs to be present before an of this process can start and that is that you need to be the father (or the mother). After the motion for support is filed there is typically a hearing scheduled before a master or hearing officer and at that hearing if there is a dispute as to fatherhood, paternity is raised. The hearing officer will immediately order a paternity test and many courthouses have the capacity to test you and the child right away after the hearing. Once you take the test the results typically come back in around a week or two depending on how busy the testing facility is. If it comes back and you are not the father you can do the Maury Povich dance and walk away unscathed. If you are the father the hearing is reconvened and the hearing officer issues an order based upon the factors and the calculation and you pay. There is usually an arrearage which stretches back to the date the motion for support was filed to bring payments up to date.
The parties have the right to appeal the amount and go before a Judge once the Order from the Hearing Officer is promulgated.
Please note that there are exceptions to the rule and no case is the same – but for a generalized understanding of how things work – the above is good enough for government work.
Example of the Maury Povich show – all rights reserved for Maury.
