Support Exceptions

In a support matter, the incomes of the parties will be used to calculate an appropriate award based on the support guidelines applicable throughout the commonwealth. In the event there is a disagreement over the entry of an interim support order, a party has the option of filing exceptions. Pursuant to Pa. R.C.P. 1910.12, parties have twenty (20) days from the entry of an order to file exceptions. Exceptions may address objections to evidence, findings of facts, conclusions of law, or any other matters occurring during the hearing. Each issue should be raised separately as an exception. Each exception should be concise and without lengthy discussion. Issues that are not raised in the exceptions are deemed waived. Examples of appropriate exceptions would include claims that the incomes and/or expenses were not correctly calculated, special circumstances were not considered, or there was an error in assigning an earning capacity. It is not appropriate to file exceptions simply because you do not agree with the guideline amount.

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If a party raises exceptions, any other party in the matter may also file exceptions within twenty days of receiving the initial exceptions. A hearing will be held to hear from the parties on the exceptions raised and a final order will be entered at that time. If no exceptions are filed, the initial support order becomes a final order after the twenty-day window has passed. Once an order is final, an appeal would be the avenue to challenge the order. An appeal would need to be filed with the Superior Court within thirty days of the final order.

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Failure to Pay Child Support

There are numerous consequences that stem from the failure to pay child support. One possibility is that you will be denied a U.S. passport. If you owe $2,500 or more in child support, you are not eligible to receive a U.S. passport. If you discover your eligibility is affected due to past due child support you must first contact the Domestic Relations section that handles your case to clear the balance. After having resolved any outstanding balance, it generally takes an additional 2-3 weeks before your application for a passport will be able to be processed.

Pennsylvania Rule of Civil Procedure 1910.20 details other remedies that may be imposed for the failure to pay child support. These remedies include seizing periodic or lump sum payments, imposing liens on real property, seizing assets held in financial institutions, reducing and executing a judgment, initiating contempt proceedings, reporting past due amounts to consumer reporting agencies and suspending occupational, commercial/driver’s and recreational licenses. Once you become behind on child support the goal for purposes of enforcement is to collect any past due amount as quickly as possible. This is true even if a payment plan is agreed to between the parties and/or by the court.

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National Child Support Awareness Month

August is National Child Support Awareness Month. President Clinton began the month of recognition in 1995 as part of his welfare reform agenda. The goal was to improve the collection of child support payments by widening the use of sanctions including wage garnishment and suspending driver’s licenses and passports for parents with child support arrears. As of today in Pennsylvania, wage garnishment is virtually always utilized to ensure child support payments can be collected. Garnishments apply not only to the typical income which would be received from an employer, but also to social security and/or veterans benefits. Other methods of securing support payments include intercept of tax return refunds and even lottery winnings. Imprisonment is also a widely available sanction in the context of enforcement of child support obligations.

There has been backlash ever since President Clinton advocated for taking a tougher stance on non-paying parents. For one, the demands of child support are sometimes greater than the paying parent’s actual income. Or, support obligations pile up because the child support obligation does not automatically readjust to account for periods of disability, unemployment or incarceration of the paying parent. However, single parents do need the help of the other parent to provide a comfortable lifestyle for their child(ren). Seven states have joined in a pilot program that focuses on fostering financial stability for the paying parent so that they will be able to meet their support obligation without ending up destitute themselves. Hopefully, a balance can be struck between the seemingly competing interests of adequately providing for children as well as some financial reserve for the paying parent.

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Alimony 101

Alimony is support paid to an ex-spouse following the divorce decree. The amount of alimony is largely based on the incomes of the parties but may also be affected by the distribution of the other assets, if any. Unless otherwise stated by agreement, alimony may be subsequently modified due the changed circumstances of either party. The changes must be substantial and of a continuing nature. As previously alluded to, an alimony provision within an agreement between the parties may not be modified in the absence of a specific provision allowing such a modification within the agreement.

Generally, the length of alimony is directly attributable to the length of the marriage. For example, a party may expect approximately 1 year of alimony for every 3 years married. For marriages of over 25 years, an indefinite term of alimony may be appropriate. If the parties include alimony as a part of their own settlement agreement, they are free to set the amount and length of the alimony as they so agree. Adultery by a party will act as a bar to alimony.

The duration of alimony should be limited to a reasonable period of time for the purpose of allowing the party seeking alimony to meet his or her reasonable needs by obtaining appropriate employment or developing an appropriate employable skill. A party seeking a longer or shorter duration of alimony can petition the court to modify its order based on the factors of Section 501 (c).

The factors to be considered by the court include: (1) The relative earnings and earning capacities of the parties; (2) The ages, and the physical, mental and emotional conditions of the parties; (3) The sources of income of both parties including but not limited to medical, retirement, insurance of other benefits; (4) The expectancies and inheritances of the parties; (5) The duration of the marriage; (6) The contribution by one party to the education, training or increased earning power of the other party; (7) The extent to which it would be inappropriate for a party, because said party will be custodian of a minor child, to seek employment outside the home; (8) The standard of living of the parties established during the marriage; (9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment; (10) The relative assets and liabilities of the parties; (11) The property brought to the marriage by either party; (12) The contribution of a spouse as homemaker; (13) The relative needs of the parties; (14) The marital misconduct of either of the parties during the marriage; however, the marital misconduct of either of the parties during separation subsequent to the filing of a divorce complaint shall not be considered by the court in its determinations relative to alimony.

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Health Insurance as part of Support

One frequent question in the context of divorce is what will happen to health insurance coverage in the context of a divorce. Generally, a spouse cannot drop the other spouse during the context of the divorce. Health insurance is often considered in the context of support and spouses are obligated to provide support for each other during the marriage. Once divorced, however, you cannot remain on your ex-spouse’s health insurance plan. If you are unable to obtain alternate health insurance on your own right away you can look into COBRA coverage.

The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives the employee providing the health insurance and their ex-spouse who has lost their health benefits the right to choose to continue health benefits for a limited period of time and under certain circumstances. A spouse who elects COBRA coverage following a divorce may be required to pay the entire premium for coverage, up to 102 percent of the cost to the plan. Additionally, COBRA coverage is only temporary and generally only lasts for 36 months. Only employers with 20 or more employees in the prior year who provide group health insurance are required to abide by COBRA and provide the opportunity for a temporary extension of health coverage.

If there are children between the parties, the children may remain under the health insurance coverage presently provided. There may be an adjustment to any child support award based on who is paying the premiums on the health insurance for the children. There is a 60 day window following the termination of coverage in which to notify the health insurance provider whether or not you are pursuing COBRA coverage.

Support

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