When parents deviate from child support
guidelines, Pennsylvania courts assess whether the standard calculation is
unfair or insufficient. If a deviation is appropriate due to factors like
unusual expenses, special medical needs, or complex income situations, the
court may adjust the final support amount either upward or downward based on
documented evidence and the child's best interests.
For many parents, “deviation” sounds like
someone is trying to avoid responsibility. That is not always the case. A
deviation can increase or decrease support, depending on what the evidence
shows and what the child needs. It can also arise when parents agree to a
non-guideline amount, when a parent’s income is difficult to measure, or when a
child has expenses that the standard calculation does not fully address.
Because deviation issues usually begin
with the standard rules for child support in Pennsylvania, parents should
understand both the guideline calculation and the facts that may justify moving
away from it.
Key Takeaways
●
Pennsylvania child support begins
with the statewide guidelines. Deviations are the exception, not the rule, and
require a specific legal and factual basis.
●
You cannot win a deviation request
on arguments or emotions alone. Success depends on organized, objective
evidence like financial records, receipts, and professional reports.
●
A deviation is not just for
lowering payments; it can also be used to increase support if the child's needs
or the family's financial reality demand it.
●
Stopping or reducing payments
without a court order is a high-risk mistake. Even if you believe the guideline
amount is unfair, you must continue paying until a judge formally modifies the
order to avoid arrears and enforcement penalties.
●
Handshake deals, text messages, or
verbal promises are not enforceable. Without court review and approval, they
leave both parents vulnerable if the other party changes their mind.
●
A "deviation" adjusts
the support amount based on the family’s circumstances; a
"modification" changes an order based on a significant life event
(like job loss). Understanding which you need is critical for your legal
strategy.
●
Because deviations are complex,
they often intersect with other legal issues like arrears, custody disputes,
and enforcement actions. Consult with an attorney to ensure your request is
filed correctly.
What Does It Mean to Deviate From Child Support Guidelines?
A child support deviation means that the
court starts with the guideline amount, then adjusts it because the standard
calculation does not fully account for the family’s circumstances.
Before a court can decide whether
deviation is appropriate, it must first determine how child support is calculated in Pennsylvania.
That starting calculation usually considers income, the number of children,
custodial arrangements, and certain child-related expenses.
A deviation comes after that baseline. In
Pennsylvania, Rule 1910.16-5 allows the court to deviate from the basic child
support obligation. If the court finds that a deviation is appropriate, it must
identify the guideline amount, the reason for the deviation, the findings that
support it, and the deviation amount. (law.cornell.edu)
In plain English, the court is not
supposed to simply pick a number that feels fair. The judge or hearing officer
must have a legal reason and a factual basis for moving away from the guideline
amount.
Why Courts Use Child Support Guidelines First
Child support guidelines exist because
children need consistent financial support, and parents need predictable rules.
Without guidelines, support decisions could vary widely from courtroom to
courtroom.
The Pennsylvania child support guidelines help
courts account for:
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Each parent’s income
●
The number of children covered by
the order
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Health insurance costs
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Child care costs
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Custodial time
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Other legally relevant expenses
However, guidelines cannot anticipate
every family situation. That is why deviation rules exist.
Common Reasons Parents Request a Deviation
Parents may ask for a child support
deviation for many reasons, but the court will focus on whether the facts are
legally relevant and supported by evidence.
1.
A Child Has Unusual or Special Needs
A child with special medical,
developmental, educational, or therapeutic needs may have expenses that go
beyond the guideline calculation. These cases require careful documentation
because the court will want to understand what the child needs, how much it
costs, and whether the expense is ongoing.
A deviation request involving child support for children with special needs
may involve expenses such as:
●
Therapy or counseling
●
Disability-related services
●
Specialized tutoring or
educational support
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Medical equipment
●
Transportation for recurring
appointments
●
Additional child care connected to
the child’s needs
The court may also consider whether the
expense is recurring, whether insurance covers any portion of it, and whether
both parents have enough information to evaluate the cost.
2.
Medical Costs Are Higher Than Expected
Uncovered medical expenses can also
support a deviation request. Pennsylvania’s deviation factors specifically
include medical expenses not covered by insurance. (pacodeandbulletin.gov)
Disputes over medical expenses and child support may
involve:
●
Health insurance premiums
●
Deductibles and copays
●
Prescriptions
●
Therapy costs
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Dental or orthodontic care
●
Vision care
●
Ongoing treatment for chronic
conditions
Because medical expenses can change over
time, parents should keep records of invoices, insurance statements, payment
confirmations, and reimbursement requests. A parent asking for a deviation
should be prepared to show not only that the expense exists, but also why the
guideline amount does not adequately address it.
3.
Shared Custodial Time Changes the Practical Cost
of Parenting
Custodial time can affect support because
each parent pays direct expenses while the child is in that parent’s care.
However, shared custodial time and child support do not
always move in the same direction. A parent with higher income may still owe
support, even when both parents have substantial custodial time.
A deviation request based on custodial
time should be supported by evidence of what is actually happening, not just
what the custody order says.
Helpful proof may include:
●
The custody order
●
Actual overnight schedules
●
School transportation arrangements
●
Proof of who pays extracurricular
costs
●
Records showing whether the
current schedule is being followed
When custody and support issues overlap,
working with experienced child custody lawyers may help parents
understand how custodial time affects both parenting rights and financial
responsibilities.
4.
Parents’ Income Is Irregular, Disputed, or
Incomplete
Some child support cases are difficult
because one or both parents' income is not straightforward. A parent may be
self-employed, paid partly through commissions, working overtime, receiving
bonuses, or reporting income that does not appear to match the parent’s
lifestyle.
Deviation issues may arise when the
guideline calculation does not reflect the parent’s real financial
circumstances. The court may need to decide whether imputed income in child support cases applies,
especially when a parent is voluntarily unemployed, underemployed, or earning
less than their capacity.
Related income questions may involve:
●
Whether bonuses should be included
●
How commissions should be averaged
●
Whether overtime is regular enough
to count
●
Whether a parent is voluntarily
earning less
●
Whether business deductions reduce
actual available income
●
Whether reported income matches
the parent’s financial reality
When a parent’s earnings fluctuate, overtime, bonuses, and commissions in child support
can become central to whether the guideline calculation is fair or incomplete.
5.
High-Income Cases Require a Closer Look
In high-income cases, guideline numbers
may be very large. Courts may need to consider the child’s reasonable needs and
the family’s standard of living, rather than treating the number as
automatically correct.
In Hanrahan v. Bakker, the
Pennsylvania Supreme Court held that courts may examine the reasonable needs of
the children in high-income support cases. The Court also found that voluntary
contributions to an irrevocable trust for the children were not a proper
deviation factor under Pennsylvania Rule 1910.16-5. (law.justia.com)
For high-earning parents, high-income child support may involve
executive compensation, business income, investment income, deferred
compensation, lifestyle evidence, and disputes over what amount reasonably
serves the child’s needs.
Can Parents Agree to a Different Child Support Amount?
Parents sometimes agree to pay more or
less than the guideline amount. That may feel practical, especially when they
are trying to avoid litigation. However, parents agreeing to child support without court
involvement can create serious problems if the agreement is not
properly reviewed and approved.
A parent may later argue that the
agreement is not binding. A court may also need to decide whether the child’s
interests are protected.
In McGinnis v. McGinnis, the Pennsylvania
Superior Court considered whether a prior child support agreement justified
deviating from the support guidelines. The court concluded that the guidelines controlled and that the
agreement did not justify the deviation in that support action. (
law.justia.com)
The lesson is important. Parents should
not assume that a handshake agreement, text message agreement, or informal
payment arrangement will protect them later.
What Evidence Helps Support or Oppose a Child Support
Deviation?
A parent requesting or opposing a
deviation should prepare documentation before a support conference, mediation,
or hearing. Courts are more likely to consider expenses and income arguments
that are specific, organized, and supported by records.
Useful documents may include:
●
Recent pay stubs
●
W-2s, 1099s, and tax returns
●
Profit and loss statements for
self-employed parents
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Proof of bonuses, commissions, and
overtime
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Health insurance cost information
●
Medical bills and insurance
statements
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Child care invoices
●
School or tutoring invoices
●
Therapy or treatment records
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Proof of custodial time
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Evidence of other support
obligations
●
Documentation of major assets,
debts, or fixed expenses
A parent should also be prepared to
explain why the guideline number is unfair or incomplete. The court needs to
know more than the fact that a parent dislikes the amount.
When Deviation and Modification Overlap
A deviation request is not always the
right legal tool. Sometimes the issue is really a modification.
For example, a parent may need to modify child support after:
●
A job loss
●
A major income reduction
●
A substantial change in custodial
time
●
A child’s medical needs change
●
A child care cost begins or ends
●
A child becomes ineligible for
support
●
A parent begins earning
significantly more
A parent dealing with job loss and child support should be
especially careful about timing. A sudden loss of income may justify a
modification request, but the existing order usually remains enforceable until
the court changes it.
The same is true when the child is older
or nearing emancipation. A parent who believes support should end may need to
formally address when to terminate child support rather than
simply stop paying.
What Happens If a Parent Stops Paying Because They Think the
Child Support Order Is Unfair?
Stopping payment without court approval
can create serious consequences. Even if a parent believes the guideline amount
should have been lower, unpaid support can become child support arrears.
Once arrears exist, the other parent or
enforcement agency may pursue legal options for enforcing child support.
Depending on the facts, enforcement can include wage withholding, contempt
proceedings, tax refund interception, or other remedies allowed by law.
A parent facing unpaid support should
also understand that wage garnishment and license suspension may be
available in certain enforcement situations. These consequences can affect
employment, transportation, and daily life.
A parent who is overwhelmed by support
debt should not assume that bankruptcy will solve the issue. Child support in bankruptcy is treated
differently from many other debts, and support obligations are generally not
handled like ordinary unsecured debt. This blog does not provide tax advice or
bankruptcy advice.
Common Mistakes When Requesting a Child Support Deviation
Deviation cases often become harder when
parents act informally or delay addressing the issue.
Common mistakes include:
●
Reducing payments without filing
for modification
●
Relying on a verbal agreement
●
Paying cash without records
●
Assuming shared custodial time
cancels support
●
Ignoring a conference or hearing
notice
●
Failing to document special needs
or medical expenses
●
Waiting too long after job loss or
income change
●
Treating a temporary financial
problem as a permanent support change
●
Assuming that a private agreement
will control in court
Parents who are also dealing with divorce
may need coordinated advice from an experienced divorce lawyer because support, property
division, custody, and financial disclosure issues often overlap. Parents whose
support issue is connected to a broader family law dispute may also benefit
from speaking with a child support lawyer.
FAQ
Can a court deviate from child support guidelines just
because both parents agree?
Not always.
Parents can make agreements, but child support is meant to protect the child’s
needs. A court may still need to review whether the amount is appropriate. An
agreement that seems convenient for the parents may not satisfy the court if it
does not protect the child’s interests or follow the required legal process.
Is a deviation the same as a child support modification?
No. A deviation
is an adjustment from the guideline amount when the order is entered or
reviewed. A modification is a request to change an existing order because
circumstances have changed. The two issues can overlap, but they are not
identical. A parent who lost a job, changed custodial time, or has new medical
expenses may need a modification rather than a general fairness argument.
Can a deviation increase child support?
Yes. Parents
often think of deviations as reductions, but a deviation can also increase
support. For example, a child’s special needs, uncovered medical expenses, or
unusual education-related costs may justify a higher amount if the evidence
supports it.
Should a parent keep paying while asking for a deviation?
Yes, unless a
court order says otherwise. A parent should usually continue following the
current support order while requesting a change. Stopping or reducing payments
without court approval can create arrears and enforcement problems.
Is a deviation permanent?
Not always. A
deviation is usually tied to the facts that existed when the order was entered.
If income, custodial time, expenses, or a child’s needs change, a parent may
need to request modification. Until the court changes the order, the existing
order usually remains enforceable.
What happens if a parent cannot afford the current support
order?
The parent should
immediately seek legal advice and consider filing for modification rather than
simply stopping payment. Falling behind can create arrears, enforcement issues,
and additional legal problems.
Speak With a Child Support Attorney About Guideline
Deviations
Support guideline deviations can affect a
family’s finances for months or years. Whether you are asking for a deviation
or responding to one, preparation matters. The court will usually expect
organized documents, credible financial information, and a clear legal reason
that the guideline amount should be adjusted.
Perna & Abracht, LLC helps parents
address child support issues in Pennsylvania and Northern Delaware, including
deviations, modifications, custodial time disputes, medical expenses, special
needs, arrears, and enforcement concerns. From the firm’s Kennett Square
andOxford offices, the firm serves families throughout Chester County,
including West Chester, Exton, Downingtown, Coatesville, and nearby communities
across Southeastern Pennsylvania.
To discuss your situation, contact Perna
& Abracht, LLC at 610-444-0933
to schedule
a complimentary consultation.
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