Support in Pennsylvania
Comprehensive guide to child support and alimony laws in Pennsylvania. Filing fees, requirements, timelines, and how to find a Pennsylvania family law attorney.
Pennsylvania at a Glance
- Child Support Model
- Income Shares
- Alimony Types
- 3 types
- Modification Standard
- Material and substantial change in circumstances
Overview of Pennsylvania Support Law
Pennsylvania uses the income shares model for calculating child support. The underlying principle is straightforward: children should receive the same proportion of parental income they would have received if the family had remained intact. The state’s support guidelines are codified in Pa.R.C.P. 1910.16-1 through 1910.16-7, which provide detailed schedules and rules for determining obligations. Alimony in Pennsylvania is a separate matter governed by 23 Pa.C.S. § 3701, and courts have broad discretion in awarding it.
Understanding how these two forms of support work — and how they interact — is essential for any parent or spouse going through a divorce in Pennsylvania.
How Child Support Is Calculated
Pennsylvania’s income shares model begins by determining each parent’s net monthly income. Net income is gross income minus taxes, Social Security contributions, mandatory union dues, and certain other deductions specified in the guidelines. The court then combines both parents’ net monthly incomes to arrive at a total household figure.
That combined figure is applied to the guideline schedule found in Pa.R.C.P. 1910.16-3, which sets a basic support obligation based on the number of children and the combined income. Each parent’s share of the obligation is proportional to their share of the combined income. For example, if one parent earns 60 percent of the combined net income, that parent is responsible for 60 percent of the basic support obligation.
The guidelines also allow adjustments for:
- Health insurance premiums paid for the child
- Childcare expenses necessary for employment or education
- Extraordinary medical expenses
- Other relevant expenses the court deems appropriate
For a deeper look at how income shares calculations work across states, see our guide on how child support is calculated.
Key Factors in Child Support
Beyond the guideline formula, Pennsylvania courts may deviate from the standard calculation when circumstances warrant it. Under Pa.R.C.P. 1910.16-5, the court may adjust support based on:
- Unusual needs of the child, such as special education or medical requirements
- The ages of the children
- The assets and liabilities of each parent
- Unusually high or low income that makes the guideline amount inappropriate
- The parents’ custody arrangement and the amount of time each parent spends with the child
Shared custody arrangements (where the child spends 40 percent or more overnights with the non-custodial parent) trigger a different calculation under Pa.R.C.P. 1910.16-4, which reduces the non-custodial parent’s obligation to account for the additional direct costs they incur during their parenting time.
Modifying Child Support
Either parent may petition to modify a child support order when there has been a material and substantial change in circumstances. Common grounds include:
- A significant increase or decrease in either parent’s income
- A change in the custody arrangement
- A change in the child’s needs, such as new medical requirements
- A child reaching the age of majority or becoming emancipated
Pennsylvania also conducts periodic reviews of support orders through the Domestic Relations Section of the county court. During a review, the existing order is recalculated using the current guidelines and each parent’s current income. If the recalculation results in a difference of 10 percent or more from the current order, a modification is typically recommended.
Enforcing Child Support
Pennsylvania takes enforcement seriously. The Pennsylvania Child Support Enforcement System can impose a range of consequences for non-payment, including wage garnishment, interception of tax refunds, suspension of driver’s licenses and professional licenses, liens on real and personal property, and contempt of court proceedings that may result in jail time. Enforcement actions are handled through the county Domestic Relations Office.
To estimate your potential obligation, try our child support calculator.
Alimony in Pennsylvania
Pennsylvania recognizes three distinct types of spousal support:
- Alimony pendente lite (APL): Temporary support paid during the divorce proceedings. Its purpose is to ensure the lower-earning spouse can afford to litigate the divorce on roughly equal footing. APL ends when the divorce decree is entered.
- Rehabilitative alimony: Designed to support a spouse for a defined period while they acquire education, training, or work experience needed to become self-sufficient.
- Permanent alimony: Awarded in longer marriages or when a spouse cannot reasonably be expected to become self-supporting due to age, health, or other factors. “Permanent” does not always mean lifelong — it may be subject to review.
The distinction between APL and post-divorce alimony matters. APL is calculated using a more formulaic approach based on the income difference between the spouses. Post-divorce alimony, by contrast, is determined entirely at the court’s discretion.
Factors the Court Considers for Alimony
Under 23 Pa.C.S. § 3701, the court weighs 17 factors when determining whether to award alimony, and if so, the amount and duration. These factors include:
- The relative earnings and earning capacities of both spouses
- The ages and physical, mental, and emotional conditions of both spouses
- The sources of income, including medical, retirement, insurance, and other benefits
- The duration of the marriage
- The contribution of one spouse to the education, training, or increased earning power of the other
- The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by serving as the custodian of a minor child
- The standard of living established during the marriage
- The relative education and the time necessary to acquire sufficient education or training for the requesting spouse
- The relative assets and liabilities of the parties
- The property brought to the marriage by each spouse
- The contribution of a spouse as homemaker
- The marital misconduct of either party during the marriage (fault can be considered)
- The federal, state, and local tax ramifications of the alimony award
Pennsylvania is notable in that marital misconduct can affect alimony. A court may reduce or deny alimony based on a spouse’s fault, though it is only one factor among many and is not automatically dispositive.
Duration of Alimony
There is no fixed formula for how long alimony lasts in Pennsylvania. Courts consider the length of the marriage, the requesting spouse’s ability to become self-supporting, and the other statutory factors. In shorter marriages, alimony awards tend to be limited in duration. In marriages lasting 20 years or more, courts are more likely to award longer-term or indefinite alimony, particularly when one spouse sacrificed career development during the marriage.
Alimony terminates automatically upon the death of either party or the remarriage of the recipient spouse. Cohabitation by the recipient with a person of the opposite sex who is not a family member may also be grounds for termination or modification under 23 Pa.C.S. § 3706.
When to Seek Legal Help
Pennsylvania’s support guidelines provide a framework, but the details of each case — income disputes, shared custody adjustments, deviation factors, and alimony considerations — introduce significant complexity. Whether you are the parent expected to pay or the one seeking support, understanding your rights under Pennsylvania law is critical.
If you are navigating child support or alimony questions in Pennsylvania, consider scheduling a free consultation to discuss your options with a family law professional.
Detailed Support Data for Pennsylvania
Child Support
- Unusual needs and unusual fixed obligations of the parties
- Other support obligations of the parties
- Ages of the children
- Assets of the parties
- Medical expenses not covered by insurance
- Standard of living of the parties and their children
- Best interests of the child
- Any other relevant and appropriate factor
Alimony / Spousal Support
- Alimony pendente lite (during litigation)
- Alimony (post-divorce)
- Spousal support (pre-filing)
- Relative earnings and earning capacities of the parties
- Ages and physical, mental, and emotional conditions of the parties
- Sources of income including medical, retirement, insurance, and other benefits
- Expected inheritances of the parties
- Duration of the marriage
- Contribution of one party to the education, training, or increased earning power of the other
- Extent to which earning power, expenses, or financial obligations will be affected by serving as custodian of a minor child
- Standard of living established during the marriage
- Relative education of the parties and time necessary to acquire sufficient education to find appropriate employment
- Relative assets and liabilities of the parties
- Property brought to the marriage by each party
- Marital misconduct during the marriage
Enforcement
- Wage attachment
- Tax refund intercept
- License suspension (driver, professional)
- Contempt of court
- Property liens
- Passport denial
- Credit bureau reporting
References
Support Guides for Pennsylvania
Pennsylvania Child Support Guidelines Explained
Understand Pennsylvania child support under Pa.R.C.P. 1910.16, including the income shares model, support tables, adjustments for healthcare and childcare, high-income cases, and modification rules.
Alimony Duration and Types in Pennsylvania
Understand Pennsylvania alimony law, including the 17 statutory factors under 23 Pa.C.S. 3701, APL vs. alimony, duration guidelines, and grounds for modification.
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Child Support and 50/50 Custody
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How Alimony Works
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