Family Law · Child Support

Who Pays Child Support in a Pennsylvania Divorce

---

In Pennsylvania, child support is typically paid by the parent with less physical custody time to the parent with more custody time, but the outcome ultimately depends on each parent’s income and custody arrangement. The amount is calculated under the statewide income shares formula, which divides the total support obligation between both parents in proportion to their respective incomes. When a parent’s reported income does not reflect what they are capable of earning, the court may base the calculation on earning capacity rather than actual income.

For a complete overview of your options, see our Pennsylvania child support practice area.

Both Parents Have a Support Obligation, but Typically the Lower-Custody Parent Pays

Pennsylvania’s guidelines treat both parents as financially responsible for the child. The Basic Child Support Schedule sets a combined obligation based on both parents’ net incomes and the number of children. That obligation is then divided proportionally: each parent’s share corresponds to their percentage of the combined income. The parent with fewer overnights pays their share to the other parent because the custodial parent is presumed to spend their share directly on the child.

When one parent earns significantly more, the higher earner typically pays the difference between the two calculated obligations, regardless of which parent has more overnights. When parents share custody equally and earn the same income, the transfer between households may be minimal or zero. Custody time and income both determine the direction and size of the payment. For how the full calculation works, see our page on child support in Pennsylvania.

How Income Drives the Calculation

The formula starts with each parent’s monthly net income from all sources: wages, bonuses, self-employment, Social Security, rental income, and investment income. After allowable deductions for taxes, FICA, and mandatory retirement contributions, the combined net income is looked up in the guideline schedule. The parent who earns a larger share of the combined income bears a larger share of the obligation. A parent earning 70 percent of the combined income is responsible for 70 percent of the basic support amount.

Additional expenses are allocated on top of the basic obligation. Health insurance premiums for the children, work-related childcare costs, and unreimbursed medical expenses are divided between the parents in proportion to their incomes. These add-ons can increase the total monthly obligation by hundreds of dollars per month. If circumstances change, either parent may petition the court to modify the support order.

When Courts Assign Income Based on Earning Capacity

A parent who is voluntarily unemployed or underemployed may not benefit from reporting lower income. Pennsylvania courts have authority under Pa.R.C.P. 1910.16-2(d)(4) to assign income based on earning capacity rather than actual earnings. The court considers education, work history, health, and available employment opportunities. If the court finds that a parent is capable of earning more than they report, support is calculated on the imputed amount.

This applies in several common situations:

• A parent quits a job before or during support proceedings
• A parent takes a lower-paying position without legitimate reason
• A self-employed parent reports income inconsistent with business activity or lifestyle
• A parent has minimal reported income but receives financial support that covers housing or major expenses