By Attorney Anna L. Knych
You may have heard someone saying that the other parent of their child should not have any custodial time at all because the other parent was failing to pay child support. Or you may have heard someone arguing that they should not have to pay any support because they have the children just as often as the other parent. Another common idea is that if a parent “signs away their rights” they will no longer be responsible for child support. Are any of these things true?
Child support and child custody are separate areas of the law and, while they do have some ties to one another, they should generally be thought of as separate issues. Child support is a duty which all parents owe to their children. By contrast, child custody is not a duty but a right. Duties and rights are treated differently under the law and failing to fulfill your duties as a parent, in terms of support, does not impact your rights as a parent, in terms of custody.
So, understanding that custody and support are different legal concepts and are treated differently, what are the actual ties between the two? In Pennsylvania, the most direct way that custody impacts child support is by reducing the amount of child support a parent has to pay if they have custody of their child or children more than 40% of the time. If a parent who owes support has between 40% and 50% of the overnight custodial periods, their support obligation will be proportionally reduced. If they have less than 40% of the overnight custodial time, however, there is no reduction in the basic support calculation. If the parents have equal amounts of custodial time, that does not erase the support obligation. Although the support obligation will be reduced, the parent with the higher income will still likely have to pay child support to the parent with the lower income to ensure the children have adequate financial resources in both homes.
Although shared custody can reduce the amount of child support owed, the amount of support paid does not reduce or eliminate a parental rights to custody. In general, a person is still entitled to see their children even if they have not been faithfully making their support payments. Remember, custody and support are dealt with in different court cases. The custody court considers many factors in making custody determinations, but the amount of child support paid is not one of the factors which the court is required to consider. In the support case a parent can face the consequences for failure to pay support in a contempt action, but one of the punishments is not a reduction in custodial time.
Finally, “signing away your rights” does not remove the duty of support from a parent unless another person subsequently adopts the child. For example, Parent A could sign a custody agreement with Parent B under which Parent A never has any custody of the child. Parent A would still be responsible for child support because a parent’s duty of support is not terminated unless their rights are terminated, and another person adopts the child.
If you are involved in a support or custody action, it is important to consult an attorney. Walters & Galloway, PLLC has extensive experience representing parties involved in family law cases. Our attorneys will be happy to discuss with you the procedure involved in your case and the specific facts that may be relevant to determining how custody and support impact one another in your case.
