| Child support, custody and visitation issues arise when | | | | payments, legal action can compel payment. Rule |
| parents are no longer living together. Under | | | | 1910.16-1 ("Amount of Support. Support Guidelines") |
| Pennsylvania law, resolving issues of child support, | | | | explains that the support guidelines specify the |
| custody and visitation can be very complicated. In | | | | amount of support that a spouse or parent should |
| addition, the process of separation and divorce may | | | | pay based upon both parties' net monthly incomes as |
| be very painful, often involving great emotional | | | | defined in Rule 1910.16-2 and the number of persons |
| stress, especially for the children involving. Adding in | | | | being supported. The Rules also contain examples of |
| issues of support, custody and visitation only | | | | how child support is calculated. For example, in |
| complicates matters further. That is why, when it | | | | "Example 1," the Mother and Father have three |
| comes time to resolve child support, custody and/or | | | | children and do not live in the same household. The |
| visitation issues, it is important to understand the legal | | | | mother has primary custody of two children; the |
| issues confronting you and to hire an experienced | | | | third child is in foster care. The mother's net income |
| attorney who can help you navigate through the | | | | is $1,500 per month, the father's is $3,000. Pursuant |
| court system. Child Support Under Pennsylvania law, | | | | to the schedule at Rule 1910.16-3, the basic child |
| parents are obligated to support their children | | | | support amount for the two children with the mother |
| financially. Generally, the courts (usually called Family | | | | is $1,216. Because the father's income is 67 percent |
| Court) do not resolve support issues unless one | | | | of the parties' combined monthly net income, his |
| parent has left the family home. This non-custodial | | | | basic support obligation is $815 per month. The Rules |
| parent must, on a regular basis, contribute financially | | | | contain numerous other examples, but they all |
| as if the family had remained intact. Under | | | | demonstrate that courts must consider many factors |
| Pennsylvania law, the amount of support owed is | | | | when determining how much child support is owed, |
| determined by a formula. In particular, Pennsylvania | | | | and who must pay how much. In many cases, an |
| law, 23 Pa.C.S.A. § 4322(a), provides that: "Child | | | | experienced attorney will know the nuances of the |
| and spousal support shall be awarded pursuant to a | | | | law and be able to use them to assure that his or |
| Statewide guideline as established by general rule by | | | | client pays only what he or she can afford to pay, |
| the Supreme Court, so that persons similarly situated | | | | no more and no less. Also, because circumstances |
| shall be treated similarly. The guideline shall be based | | | | change, the lawyer will know when to go back to |
| upon the reasonable needs of the child or spouse | | | | court to revise the amount of support his or her |
| seeking support and the ability of the obligor to | | | | client owes. In sum, child support issues may be |
| provide support. In determining the reasonable needs | | | | straightforward or very complicated. Regardless, the |
| of the child or spouse seeking support and the ability | | | | Family Court system in Philadelphia and throughout |
| of the obligor to provide support, the guideline shall | | | | Pennsylvania can be very complicated and very |
| place primary emphasis on the net incomes and | | | | frustrating. That is why it is important to hire a |
| earning capacities of the parties, with allowable | | | | lawyer who knows that system and knows how to |
| deviations for unusual needs, extraordinary expenses | | | | get the best results for every client. This handy |
| and other factors, such as the parties' assets, as | | | | Pennsylvania child support/family law tip is provided |
| warrant special attention. The guideline so developed | | | | by the Philadelphia immigration and family law office |
| shall be reviewed at least once every four years." | | | | of Attorney Samuel B. Alboum, Suite 1200, 1315 |
| These Guidelines are contained in the Pennsylvania | | | | Walnut Street, Philadelphia, PA 19107, Phone (215) |
| Rules of Civil Procedure in "Chapter 1910 - Actions for | | | | 546-3820, Email |
| Support." Under the Guidelines, Courts will consider | | | | Philadelphia immigration and family law attorney |
| many factors when calculating the amount of support | | | | Samuel Alboum has been representing individuals and |
| owed, including the non-custodial parent's income, the | | | | families for nearly two decades. Sam Alboum |
| number of children involved, the child's living | | | | concentrates his practice in immigration and family law |
| expenses, as well as the child's needs. If the | | | | matters. His office is located at 1315 Walnut Street, |
| non-custodial parent becomes delinquent on his or her | | | | Philadelphia, PA 19107, (215) 546-3820. |