Child Support When Parents Settle

When Pennsylvania parents settle child support by agreement, the statewide support guidelines are still the starting point. Support is based on both parents' combined monthly net income and the number of children, and the guideline amount is presumed correct. Parents can agree to that number or, with good reasons, to a different one, and then make it an enforceable court order so payments can be tracked and changed later if circumstances change.

Child support is the one money issue where the law limits how far parents can depart from the formula, because the right to support belongs to the child. This page explains how the guidelines work, how collaborative and mediating parents turn them into an agreement, and the local offices in Pittsburgh and Lawrence County. For the parenting side, see building a parenting plan; for the overall approach, our collaborative family law page.

How child support is settled by agreement, step by step

Share income information. Pay stubs, tax returns, business income and benefits for both parents; see what financial disclosure requires.
Calculate net income. Monthly gross income, ordinarily averaged over at least six months, minus allowable deductions (Pa.R.C.P. 1910.16-2).
Apply the guidelines. Combine the parents' net incomes, find the basic child support amount for the number of children, and divide it by each parent's share of income (Pa.R.C.P. 1910.16-1).
Add the extras. Child care, health insurance, unreimbursed medical costs and activities are addressed under the guideline rules or by agreement.
Adjust for the parenting schedule. The amount of custodial time affects the calculation.
Decide whether to deviate. If the guideline number does not fit, the parents and lawyers identify the reasons.
Make it an order. The agreement is entered as a support order through the court and the county Domestic Relations Section, so payments are recorded and enforceable.

What the guidelines say

Parents are liable for the support of their unemancipated children 18 years of age or younger (23 Pa.C.S. § 4321(2)). Pennsylvania's statewide guideline, set by the Supreme Court, is based on the reasonable needs of the child and the ability of the paying parent, with primary emphasis on the parents' net incomes and earning capacities, and it must be reviewed at least every four years (23 Pa.C.S. § 4322(a)).

The amount produced by the guideline is presumed to be the correct amount. That presumption can be rebutted only by a written finding, or a specific finding on the record, that applying the guideline would be unjust or inappropriate in the particular case (§ 4322(b); Pa.R.C.P. 1910.16-1(d)). When a court considers that question, it looks at the child's and parents' special needs and the deviation factors in the rules.

The pieces of a Pennsylvania child support calculation
Piece	What it means	Rule
Monthly gross income	Income from any source, ordinarily averaged over at least six months	Pa.R.C.P. 1910.16-2(a)
Monthly net income	Gross income minus allowable deductions such as taxes	Pa.R.C.P. 1910.16-2
Basic child support	Based on combined monthly net income and number of children	Pa.R.C.P. 1910.16-1(a)
Each parent's share	Proportional to each parent's share of combined net income	Pa.R.C.P. 1910.16-1, 1910.16-4
Presumption	The guideline amount is presumed correct unless found unjust or inappropriate	23 Pa.C.S. § 4322(b); Pa.R.C.P. 1910.16-1(d)
Modification	On a material and substantial change in circumstances	Pa.R.C.P. 1910.19

Why parents usually make it a court order

An agreement between parents is a contract, but a support order is what the county Domestic Relations Section can record, collect and enforce. An order also makes later changes easier, because a parent can petition to modify it. Collaborative and mediating parents therefore usually turn the agreed terms into a support order rather than leaving them as a private promise. How mediated terms become orders is explained in what happens to a mediated agreement, and custody terms in turning a custody agreement into an order.

The local offices

Allegheny County. The Family Division's support services are at the Family Law Center, 440 Ross Street, Pittsburgh, where support complaints can be filed. Self-represented parents can use the Client Services Center on the first floor, by calling 412-350-5600 or appearing at the information desk Monday through Friday between 8:00 and 11:00 a.m.; its Domestic Relations Officers give procedural information, not legal advice. For a child support hearing before a hearing officer, the Family Division asks parents to bring the last six months of earnings, child care and activity expenses, and medical cards. See the Allegheny County Family Division guide.

Lawrence County. The Domestic Relations Section, part of the Family Court division of the Court of Common Pleas, enters, modifies and enforces support orders. It is across Court Street from the main courthouse in New Castle, on the upper floor of the white building with the pillars. To file for support, the county asks you to bring a photo ID, your Social Security card (with the same name), and each child's birth certificate and Social Security card, plus any existing support order. See the Lawrence County Courthouse for family cases.

Costs that sit outside the basic amount

The basic guideline figure covers a child's ordinary needs, but families also face costs that vary widely: child care while a parent works, health insurance premiums, medical bills insurance does not pay, school costs and activities. A good agreement names each category and says how it is shared, often in proportion to each parent's income, and how receipts and reimbursements will be handled. Being specific here prevents the most common post-divorce money arguments. If you have a child with special needs, describe those needs in the agreement; special needs are among the things a court weighs when deciding whether the guideline amount fits.

Keeping the support conversation calm

Support talks can feel like a referendum on who earns more or who sacrificed more. Parents who settle well tend to keep the conversation anchored on the children's actual budget: housing near school, food, clothing, child care, health costs, activities and transportation between homes. Starting from the guideline number, rather than from what each parent thinks is fair, also helps, because the guideline is a neutral reference both lawyers recognize. If one parent's income is irregular, agreeing on a method (for example, a base amount plus a share of any bonus) is usually easier than agreeing on a single number that will be wrong half the year.

What changes the answer

The parenting schedule. More custodial time for the paying parent can change the amount; build the plan and the support terms together.
Spousal support. Child and spousal support are calculated together under the guidelines; see spousal support and alimony by agreement.
Variable income. Bonuses, commissions or business income may need averaging or a formula.
Later changes. A petition to modify must state a material and substantial change; new guideline amounts may count as one (Pa.R.C.P. 1910.19(a)). See what can be changed after the agreement.
Age 18. Within six months before a child turns 18, the Domestic Relations Section sends an emancipation inquiry and notice (Pa.R.C.P. 1910.19(e)).

A worked example

For example, imagine hypothetical parents Tara and Luis, with two children who live mostly with Tara. They exchange six months of pay records; Luis earns more. Their lawyers run the guideline calculation, add the cost of after-school care and Luis's health insurance for the children, and agree that unreimbursed medical costs are shared by income percentage. Because the children spend every other week of the summer with Luis, they discuss whether the time affects the amount and document their reasons. The agreed terms are submitted as a support order so payments run through Domestic Relations. This is an illustration only, with no actual amounts implied.

Common mistakes

Agreeing to waive child support. Support belongs to the child; agreements far from the guidelines are hard to defend.
Leaving extras vague. Name each cost and the sharing method.
Keeping it private only. Without an order, enforcement and changes are harder.
Using old income. The rules use recent income, ordinarily a six-month average.
Forgetting health insurance. Coverage for the children should be stated.

What to do this week

Gather six months of pay records and your last tax return.
List child care, insurance, medical and activity costs for each child.
Write down the current and proposed parenting schedule.
Find any existing support order and its docket number.
Read building a parenting plan so support and parenting time line up.

Frequently asked questions

Can parents agree to a different amount than the guidelines?

They can propose one, but the guideline amount is presumed correct. A different amount needs reasons the court would accept as making the guideline unjust or inappropriate.

How is net income calculated?

Monthly gross income, ordinarily averaged over at least six months, minus allowable deductions, under Pa.R.C.P. 1910.16-2.

Does more parenting time lower support?

Custodial time can affect the calculation, depending on the arrangement.

When does child support end?

Parents must support unemancipated children 18 or younger; the Domestic Relations Section sends an emancipation inquiry before a child turns 18.

Can support be changed later?

Yes, by petition showing a material and substantial change in circumstances.

Where do payments go?

With a support order, payments are typically processed through the county Domestic Relations Section, which keeps the record.

How is child support handled when Pennsylvania parents settle by agreement?