In Pennsylvania, a parent has an
obligation to pay a sum of money for the maintenance of his or
her child. The duty to support continues until the child is 18
or emancipated, regardless of the relationship between the parents.
The amount of child support is determined by statutory guidelines.
A parent may request a modification
of child support based on “Material and substantial change(s)
in circumstances,” which are generally conditions relating
to an increase or decrease in wealth or income, change in employment,
retirement, or disability.
Regarding support in Pennsylvania, below is an
abbreviated and very summarized version of part of what the Pennsylvania
Pa.R.C.P. and/or Pa.C.S.A. provides. For additional information on support please see our helpful pamphlets.(Please note that this content
may not be continuously updated, and thus may not contain the
most recent updates and/or revisions of the Pennsylvania laws
and supplemental information. This information is provided for
overview and information purposes, and is not meant to be legal
advice. It is always best to consult with an experienced family
law attorney, who utilizes much more than the following information,
including caselaw, statutory law, and other resources to provide
legal advice.):
§ 4321.
Liability for support
§ 4322. Support guideline.
§ 4323. Support of emancipated child.
§ 4324. Inclusion of spousal medical support.
§ 4325. Payment of order of support.
§ 4326. Mandatory inclusion of child medical support.
§4321. Liability for support.
Subject to the provisions of this chapter:
1. Married persons are liable for the support
of each other according to their respective abilities to provide
support
as provided
by law.
2. Parents are liable for the support of their children who
are unemancipated and 18 years of age or younger.
3. Parents may be liable for the support of their children
who are 18 years of age or older.
§ 4322. Support guideline.
(a) Statewide guideline.--Child and spousal support shall be
awarded pursuant to a Statewide guideline as established
by general rule by the Supreme Court, so that persons similarly situated
shall be treated similarly. The guideline shall be based
upon the reasonable needs of the child or spouse seeking support and
the ability of the obligor to provide support. In determining
the reasonable needs of the child or spouse seeking support
and the ability of the obligor to provide support, the guideline
shall place primary emphasis on the net incomes and earning
capacities of the parties, with allowable deviations for unusual needs,
extraordinary expenses and other factors, such as the parties'
assets, as warrant special attention. The guideline so developed
shall be reviewed at least once every four years.
(b) Rebuttable presumption.--There shall be a rebuttable
presumption, in any judicial or expedited process,
that the amount of the
award which would result from the application of
such guideline is the correct amount of support to
be awarded. A written
finding or specific finding on the record that the
application of the
guideline would be unjust or inappropriate in a particular
case shall be sufficient to rebut the presumption
in that case, provided
that the finding is based upon criteria established
by the Supreme Court by general rule within one year
of the effective
date of
this act.
§ 4323. Support of emancipated child.
(a) Emancipated child.--A court shall
not order either or both parents to pay for the support
of a child if the child
is emancipated.
(b) Marital status of parents immaterial.--In
making an order for the support of a child, no distinction
shall
be made
because of the marital status of the parents.
§ 4324. Inclusion of spousal medical
support.
In addition to periodic support payments, the court may require
that an obligor pay a designated percentage of a spouse's
reasonable and necessary health care expenses. If health care coverage
is available through an obligor or obligee at no cost as a
benefit of employment or at a reasonable cost, the court shall order
an obligor or obligee to provide or extend health care
coverage to a spouse. Upon failure of the obligor to make this payment
or reimburse the spouse and after compliance with procedural
due process requirement, the court shall treat the amount
as arrearages.
§ 4325. Payment of order of
support.
Unless procedures established by the department for the State
disbursement unit provide otherwise, an order of support
shall direct payment to be made payable to or payment to be made to
the domestic relations section for transmission to the
obligee or for transmission directly to a public body or public or
private agency whenever the care, maintenance and assistance of the obligee
is provided for by the public body or public or private
agency.
§ 4326. Mandatory inclusion
of child medical support.
(a) General rule.--In every proceeding
to establish or modify an order which requires the payment
of child
support, the court shall ascertain the ability of each parent to provide
health care coverage for the children of the parties,
and the
order shall provide health care coverage for each child as
appropriate.
(b) Noncustodial parent requirement.--If
health care coverage
is available at a reasonable cost to
a noncustodial parent on an employment-related or other
group basis, the court
shall require
that the noncustodial parent provide
such
coverage to the children of the parties. In cases where
there are two noncustodial
parents
having such coverage available, the court
shall require
one or both parents to provide coverage.
(c)
Custodial parent requirement.--If health care coverage
is available at
a reasonable cost
to a custodial parent
on an employment-related
or other group basis, the court shall
require that the custodial parent provide
such coverage
to the children
of the parties,
unless adequate health care coverage
has already been provided through the
noncustodial parent.
In cases where
the parents
have shared custody of the child and
coverage is available to both,
the court shall require one or both
parents to provide coverage, taking into account
the financial
ability of
the parties
and the extent of coverage available
to each parent.
(d) Additional requirement.--If the
court finds that health care coverage
is not
available to
either parent
at a reasonable
cost
on an employment-related or other group
basis, the court shall order either
parent or both parents
to obtain for
the parties'
children health insurance coverage
which is available at reasonable cost.
(e) Uninsured expenses.--The court
shall determine the amount of
any deductible and copayments which
each parent
shall
pay. In addition, the court may
require that either parent or both
parents pay a designated percentage
of
the reasonable and necessary
uncovered health care expenses
of the parties' children, including
birth-related expenses incurred
prior to the filing of the complaint. Upon
request of the
domestic relations
section,
the department
shall provide to the domestic
relations section all birth-related expenses
which the department
has incurred in cases it
has
referred to the domestic relations
section for child support services.
(f)
Proof of insurance.--Within 30 days after the entry
of an order requiring
a parent
to provide health care
coverage for
a child or after any change
in health care coverage due to
a change in the parent's employment,
the obligated parent shall
submit to the other parent,
or person having custody of the child, written
proof that
health care coverage
has
been obtained
or
that application for coverage
has been made. Proof of coverage shall consist of at
a minimum:
1. The name of the health care coverage
provider.
2. Any applicable identification numbers.
3. Any cards evidencing coverage.
4. The address to which claims should be made.
5. A description of any restrictions on usage,
such as prior approval for hospital admissions,
and the manner
of obtaining
approval.
6. A copy of the benefit booklet or
coverage contract.
7. A description of all deductibles
and copayments.
8. Five copies of any claim forms.
(g) Obligations of
insurance companies.--Every insurer doing business within
this
Commonwealth shall be obligated
as follows:
(1) to permit the custodial parent
or the provider, with the custodial
parent's
approval, to submit
claims for
covered services
without the approval of the noncustodial
parent and to make payment on such
claims directly to
such custodial
parent,
the provider
or, in the case of Medical Assistance
patients, to the department;
(2) to provide such information to
the custodial parent as may be necessary
to obtain benefits,
including copies
of
benefit
booklets, insurance contracts and
claims information;
(3) if coverage is made available
for dependents of the insured, to
make
such coverage available
to the insured's
children
without regard to enrollment season
restrictions, whether the child was
born out of wedlock, whether the
child is claimed as a dependent on
the parent's
Federal income
tax return,
whether
the child
resides in the insurer's service
area, the amount of support contributed
by
a parent, the amount
of time the
child spends
in the home or the custodial arrangements
for the child;
(4) to permit the enrollment of children
under court order upon application
of the custodial
parent, domestic
relations
section
or the department within 30 days
of receipt by the insurer of the
order;
(4.1) not to disenroll or eliminate
coverage of any child unless the
insurer is provided
satisfactory written evidence
that a
court order requiring coverage is
no longer in effect or that the child
is or will be enrolled
in comparable
health
coverage
through another insurer which will
take effect no later than the effective
date
of such disenrollment;
(4.2) to receive, process and pay
claims (whether or not on behalf
of a child),
including electronically
submitted
claims, submitted
by the department within the time
permitted by law without imposing
any patient
signature requirement
or other requirement
different
from those imposed upon providers,
agents or assignees of any insured
individual;
(5) to provide the custodial parent
who has complied with subsection
(j) with
the same notification
of termination or modification
of any health care coverage due to
nonpayment of premiums or other reason
as is provided
to other insureds under
the policy;
and
(6) except as provided in paragraph
(4.2), to not take into account the
fact that
any individual,
whether or
not a child,
is eligible
for or is being provided medical
assistance when enrolling that individual
or when
making any
payments for benefits
to the individual
or on the individual's behalf.
(h) Obligations of
noninsurers.--To the maximum extent permitted by
Federal law,
the obligations
of subsection
(g) shall apply
to noninsurers providing health
care coverage within this Commonwealth,
including health maintenance
organizations,
self-insured employee
health benefit plans and any other
entity offering a service
benefit plan.
(h.1) Obligations
of employers.--Every employer doing business within
this Commonwealth shall
be obligated
as follows:
1. in any case in which a parent
is required by a court order
to provide health coverage
for a child and the
parent is
eligible for family health coverage,
the employer shall permit the
insured parent to enroll any child who
is otherwise
eligible
without regard to any enrollment
season restrictions;
2. if the insured parent is enrolled
but fails to make application
to obtain coverage for such
child, to enroll
the child under
the family coverage upon application
by the child's other parent,
the domestic relations section
or the department;
and
3. not to disenroll or eliminate
coverage of any such child unless
the employer
is provided
satisfactory written
evidence
that the
court or administrative order
is no longer in effect, the child
is or will
be enrolled
in comparable
health
coverage
which will
take effect not later than the
effective date of such disenrollment
or the
employer has eliminated
family health
coverage for
all of its employees.
(i) Obligations of custodial
parent.--The custodial parent
shall comply with
the insurer's existing
claim procedures
and present
to the insurer one of the following
documents:
1. a copy of a court order
as defined in subsection
(l); or
2. a release signed by the
insured permitting the insurer
to communicate
directly with
the custodial parent.
(j) Enforcement of
order.--The employee's share, if any,
of premiums for health
coverage shall
be deducted by
the employer and paid
to the insurer or other
entity providing health care coverage.
If an obligated
parent fails to
comply with
the order to
provide health care coverage
for a child, fails to pay
medical expenses
for a child or receives
payment from a third party for the
cost of medical
services provided
to such child and
fails
to reimburse
the custodial parent or
provider of
services,
the court shall:
1. If, after a hearing,
the failure or refusal
is determined
to have
been willful,
impose the
penalties of section
4345(a) (relating to
contempt for noncompliance with
support order).
2. Enter an order for
a sum certain against
the
obligated
parent
for the cost of
medical care
for the child and
for any premiums
paid or provided for
the child during any
period
in which
the obligated
parent failed or refused
to provide coverage.
Failure
to comply with an order
under this paragraph
shall be subject
to section
4348 (relating
to attachment of income).
3. Upon failure of the
obligated parent to make
this payment
or reimburse the
custodial parent
and after compliance
with due process requirements,
treat the amount as arrearages.
(k) Enforcement against
insurers.--Any insurer
or other entity which
violates the obligations
imposed upon it
under subsection
(g) or (h) shall be
civilly liable for damages and
may be adjudicated
in contempt
and fined
by the court.
(l) Definitions.--As
used in this section,
the following
words and
phrases shall
have the meanings
given to them
in this subsection:
" Birth-related expenses."
Costs of reasonable and necessary health care for the mother
or child or both
incurred before, during or after the birth of a child both in or out of wedlock
which are the result
of the
pregnancy or birth
and which benefit either the mother or child. Charges not related to the
pregnancy
or birth
shall be excluded.
" Child."
A child to whom a duty of child support is owed.
" Health care coverage."
Coverage for medical, dental, orthodontic, optical, psychological,
psychiatric
or other health care services for a child. For the purposes of this section,
medical
assistance
under Subarticle
(f) of Article
IV of the act of June 13, 1967
(P.L.31,
No.21), known as the Public Welfare
Code, shall not
be considered health care coverage.
" Insurer."
A corporation or person incorporated or doing business in this
Commonwealth
by virtue of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance
Company Law
of 1921; a hospital
plan corporation
as defined
in 40
Pa.C.S. Ch.
61
(relating to hospital plan corporations);
a professional
health service plan corporation as defined in 40 Pa.C.S. Ch. 63 (relating
to professional
health
services
plan corporations); a beneficial society subject
to 40 Pa.C.S.
Ch. 65 (relating to fraternal
benefit societies); a health
maintenance organization; or any other person,
association, partnership, common-law trust, joint stock
company, nonprofit
corporation, profit corporation or other entity
conducting an insurance business.
"Medical child support order."
An order which relates to the child's right to receive certain
health care coverage and which:
1. includes the name and last known mailing address
of the parent providing health care coverage
and the name and last known mailing
address of the child;
2. includes a reasonable description of the type of coverage
to be provided or includes the manner in which coverage
is to be determined;
3. designates the time period to which the order applies;
4. if coverage is provided through a group health plan,
designates each plan to which the order applies; and includes
the name and
address of the custodial parent.
For more information on Child support,
please contact Pittsburgh child support lawyer
Bethany L. Notaro, Esquire.
