Pennsylvania Superior Court Addresses Income Calculation in Child Support Case
Disputes regarding child support often emerge from disagreements among parents regarding which incomes should be included in the calculations of child support obligations. Pennsylvania courts follow statutory rules when issuing a support order to ensure that it is based on the actual economic situation of both parents and the needs of the child. In this article, we’ll discuss a case in which one party disputed the calculation of child support. The case presents an example of how courts assess economic situations using Pennsylvania’s support guidelines.
Background of the case
The aforementioned case arose from litigation regarding the issue of child support after the dissolution of the couple’s marriage. It is common in family law cases that the parents disagree on the exact amount of child support one should pay. In the State of Pennsylvania, the calculation of child support begins with the determination of the net income of the parents per month, which is then applied using the state’s guidelines to come up with the required child support figure. The definition of income might not always be clear, especially when one party receives money from non-wage-related sources.
In the aforementioned case, the trial court was supposed to decide whether some financial resources were to be considered as income in calculating child support. The court analyzed the financial details of both parties and came up with a ruling it thought was fair.
However, one party disagreed with the court’s calculations and appealed the matter to a higher court.
The appeal
In this case, the former husband appealed the decision to the Superior Court of Pennsylvania. He alleged that the trial court committed an error in computing the income to calculate the right amount of child support.
During the appeal, the Superior Court analyzed the definition of income under Pennsylvania’s laws for calculating child support. According to the law, income does not necessarily mean salary. Instead, courts are allowed to include many sources of income, such as bonuses and dividends from investments.
The court reiterated that the intention behind formulating the guidelines is to provide adequate financial support to the children of divorcing couples based on the parents’ resources. Therefore, courts have the authority to use a flexible approach while defining income.
After a review of the record, the Superior Court was convinced that the trial court had considered all financial documents reasonably. Thus, the trial court did not abuse its discretion. The Superior Court ruled in favor of the former wife.
Talk to a Philadelphia, PA, Child Support Lawyer Today
The Law Offices of Lauren H. Kane represents the interests of Philadelphia parents who are seeking child support. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin preparing your case right away.
Source:
law.justia.com/cases/pennsylvania/superior-court/2018/1766-mda-2017.html
