Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. The state uses a formula to calculate the obligor’s share of basic child support. On top of the basic child support the court may make adjustments to the basic support obligation and may allocate between the parties the additional expenses. These additional expenses include (a) Child care expenses (b) Health Insurance Premiums (c) Unreimbursed Medical Expenses (d) Private School Tuition, Summer Camp, Other Needs and (e) Mortgage Payment adjustments. Typically, these expenses shall be allocated between the parties in proportion to their respective net incomes.
Extraordinary expenses for a child can also be added to a support obligation including extracurricular activities, sports, lessons, tutors, and other activities. If awarded, these expenses are typically allocated between the parties in proportion to their income. Typically, these expenses must be reasonable and in line with the standard of living of the family prior to the divorce. The court can either add these expenses to the support order or they can be ordered to be paid directly to the provider or other parent.
While cosmetic, chiropractic, psychiatric, psychological or other expenses are not required to be apportioned between the parties, the court may apportion such expenses that it determines to be reasonable and appropriate under the circumstances.
With regard to mortgage payments the guidelines assume that the spouse occupying the marital residence will be solely responsible for the mortgage payment, real estate taxes, and homeowners’ insurance. However, the court may direct the obligor to assume a part of these expenses.
If you are going through a separation or a divorce you should make sure that all of these expenses are raised and addressed, consult with trusted professionals to ensure that your situation and circumstances are considered.
Samantha J. Evian dedicates her practice exclusively to representing family law clients in all aspects of divorce, support, child custody, alimony, equitable distribution, domestic violence and same-sex divorces and custody matters. She has extensive experience with international divorce cases, complex divorce matters, custody matters, and pre-nuptial and post-nuptial agreements. Ms. Evian is also listed in Super Lawyers®. She can be reached at 215- 665-3022 or at Samantha.Evian@obermayer.com.