Pennsylvania law has long provided that a child support award is determined based upon the income of individuals who owe a duty of support to the child (the parents of the child). However, the Pennsylvania Superior Court recently deviated from that analysis, and considered the income of a parent’s new spouse in making a support award.
In the case of J.P.D. v. W.E.D., 114 A.3d 887 (Pa. Super. 2005), the Superior Court, in their fact specific ruling, expanded their analysis to include the income of the parent’s new spouse. In only considering mother and father’s income, father’s portion of the monthly guideline child support amount was $665. The court then added an upward deviation of $701. The deviation was issued because of the new spouse’s high income (over $1,000,000), the high standard of living that father was now enjoying, and the fact that he spent little to none of his own income on personal living expenses. Therefore, he had additional income, as compared to the average father, to provide financial support for his children.
Although very fact specific, this is a significant ruling that affects how your child support lawyer might handle your case to get the best result for you. If you need help with a child support case, please feel free to call the experienced divorce and support lawyers in our Greensburg and Connellsville offices.
This blog is offered as an educational tool to provide general information to the public. No specific information is provided. By reading this blog, you agree that no attorney-client relationship has been established and no legal advice has been provided. If you are involved in a support case or intend to file one, please seek the assistance of a licensed attorney. We provide no guarantee as to the completeness or accuracy of this blog, nor that it is up to date. Any information that you may submit through this blog is not protected by the attorney-client privilege.