Child support is basically calculated by using the Support guidelines found at Pa R.C.P. Rule 1910.16-3. The guidelines utilize the party’s net monthly income after removing taxes and other mandatory employee contributions. The party’s combined monthly income corresponds to a combined presumed child support amount, and the payor will be required to pay their proportionate share of the child support amount based on their proportionate share of the combined monthly income.
Child support is owed to the primary physical custodian by the partial physical custodian. Custody is determined by overnights, and the parent having more than 50 percent of the overnights will be considered the primary physical custodian.
When there is a 50/50 shared custody arrangement, the higher earning parent will owe the lower earning parent. There is a reduction in the payor’s proportionate share of child support, for those payor’s who have between 40% and 50% of the overnights.
There are other factors that will affect the amount of support owed, including but not limited to; child-care, tuition, cost of health care, spousal support, multiple families. It is important to consult an attorney prior to; filing for support, or appearing for a domestic relations conference.
Spousal support is owed to the lower earning spouse by the higher earning spouse. There are a few defenses to spousal support, but generally spousal support will be owed in the amount of 40% of the difference between the party’s net monthly incomes, after taxes and mandatory employee contributions are taken in to account.
Spousal support can be sought from the moment that parties separate, up until a divorce is entered.
There are other factors that can affect the amount of support that someone is entitled to, including but not limited to; cost of health care, mortgage set-off expense, child support, length of marriage. It is important to consult experienced counsel before you file, or before you appear at your domestic relations conference.