Different Calculation for High Income Child Support Cases

If the parents’ combined monthly income of is over $30,000, then there’s a different calculation to determine child support.  The Pennsylvania rule refers to those types of child support as cases as “High Income Cases”.   The following is the 4 Step Process to Calculating High Income Child Support Cases:

            Step 1.  Determine Parents’ Monthly Net Income;

            Step 2.  Determine the Basic Child Support Amount Based on High Income Rules;   

            Step 3.  Five Adjustments that Can Change the Basic Child Support Amount; and

            Step 4.  When to Ask the Judge to Deviate from the Guidelines.

Below I explain each step of the 4 step process to calculating child support in a high income case. 

Step 1.  Determine Parents’ Monthly Net Income

Pennsylvania Rules of Civil Procedure is a thick book that has detailed instructions and a formula on how to calculate the amount of child support.  It’s a complicated calculation.  Anyone who tells you different doesn’t understand it.

Just to give you a general idea, the instructions for determining the monthly net income for the mother and the father are 7 pages long.  If the attorney doesn’t take the time to get these figures right, all the other figures in the formula will be wrong and you could be losing a lot of money.  If you’re the person that has to pay, you could be overpaying by a lot.  And if you’re the person that receives the child support, you could be underpaid by a lot.

Step 2.  Determine the Basic Child Support Amount in High Income Cases

Once you determined the net monthly income of the mother and father, you combine the income, and if it is over $30,000, then you use the rule for high income cases.  Here’s how you calculate the child support in high income cases:

One child: $2,839 + 8.6% of combined monthly net income above $30,000

Two children: $3,902 + 11.8% of combined monthly net income above $30,000

Three children: $4,365 + 12.9% of combined monthly net income above $30,000

Four children: $4,824 + 14.6% of combined monthly net income above $30,000

Five children: $5,306 + 16.1% of combined monthly net income above $30,000

Six children: $5,768 + 17.5% of combined monthly net income above $30,000

Remember, that’s only if Step 1 is done properly.  If it’s not, this amount can be way off.

Step 3.  Six Adjustments that Can Significantly Change the Basic Child Support Amount

Here are the six adjustments can change the basic child support amount, making it significantly less or more, depending on the circumstances:

1. Childcare Expenses;
2. Health Insurance Premiums;
3. Unreimbursed Medical Expenses;
4. Other expenses including, but not limited to private school tuition, summer camps, sports activities and other expenses found to be reasonable by the court;
5. Mortgage Payment.
6. If the payer of child support has custody 40% or more of the time, the payer gets to reduce the monthly child support payment.

Step 4.  Deviation from the Guidelines

In a child support case that is not a high income case, the court does not have to consider deviation guidelines unless it as asked to do so by either parent.  In high income support cases, however, the court doesn’t have a choice, and must consider the following 9 factors to determine if an adjustment is necessary:

1. unusual needs and unusual fixed obligations;
2. other support obligations of the parties;
3. other income in the household;
4. ages of the children;
5. the relative assets and liabilities of the parties;
6. medical expenses not covered by insurance;
7. standard of living of the parties and their children;
8. in a spousal support or alimony pendente lite case, the duration of the marriage from the date of marriage to the date of final separation; and
9. other relevant and appropriate factors, including the best interests of the child or children.

Don’t Wait to File For Child Support or You Could Lose a Lot of Money

The time for paying child support only goes back to the time you filed for it, and not before that time.  For example, if the court decides the child support amount is $2,100 per month, that’s $25,200 per year.  However, if the spouse should have been paying for child support for the past three years, but you waited three years before you filed for child support, then you would lose $25,200 per year, for the last three years, or $75,600 total.

Doesn’t the Court Protect Me and Make Sure the Calculation is Done Right?  Nope. 

Our legal system is an adversarial system.  That means your lawyer fights for you, and the other lawyer fights for your ex.  If your lawyer fails to calculate the net monthly income properly, doesn’t use the 6 adjustments when necessary, or doesn’t make sure the court considers the deviation guidelines in high income cases, then too bad.  You lose.  The court won’t correct your lawyer and say something like, “hey, your client is entitled to an adjustment and you did not ask for it.”  Won’t happen.

That’s why it’s important to get a lawyer who knows the law so you don’t pay too much or not get what you’re supposed to get.

Sound complicated?  Only because it is.  And that’s why you need a good lawyer to handle your case.

Want Peace of Mind and a Complete Evaluation of Your Case? 

Call (610) 347-5683 NOW or Click HERE to Schedule a Consultation with Chester County Pennsylvania Divorce & Family Law Attorney, Michaelangelo L. Dippolito.  Click HERE to see the attorney’s background.

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