Am I still responsible for child support if my daughter is 19 and has a child of her own?
Full Question:
My daughter is 19 years old living in NY. She is unmarried and has a 3 month old baby. She is not in school. The state is stating that I must pay child support for her until she is 21, is this true and how much?
05/07/2007 |
Category: Divorce ยป Child Support |
State: Pennsylvania |
#4032
Answer:
You should carefully read your child support order and petition it to be modified if circumstances have significantly changed.
The applicable Pennsylvania statutes are as follows:
23 Pa.C.S.A. § 4321. Liability for support
Subject to the provisions of this chapter:
(1) Married persons are liable for the support of each
other according to their respective abilities to provide
support as provided by law.
(2) Parents are liable for the support of their children
who are unemancipated and 18 years of age or younger.
(3) Parents may be liable for the support of their children
who are 18 years of age or older.
23 Pa.C.S.A. § 4322. Support guideline
(a) Statewide guideline. — Child and spousal support shall be
awarded pursuant to a Statewide guideline as established by
general rule by the Supreme Court, so that persons similarly
situated shall be treated similarly. The guideline shall be based
upon the reasonable needs of the child or spouse seeking support
and the ability of the obligor to provide support. In determining
the reasonable needs of the child or spouse seeking support and
the ability of the obligor to provide support, the guideline
shall place primary emphasis on the net incomes and earning
capacities of the parties, with allowable deviations for unusual
needs, extraordinary expenses and other factors, such as the
parties' assets, as warrant special attention. The guideline so
developed shall be reviewed at least once every four years.
(b) Rebuttable presumption. — There shall be a rebuttable
presumption, in any judicial or expedited process, that the
amount of the award which would result from the application of
such guideline is the correct amount of support to be awarded. A
written finding or specific finding on the record that the
application of the guideline would be unjust or inappropriate in
a particular case shall be sufficient to rebut the presumption in
that case, provided that the finding is based upon criteria
established by the Supreme Court by general rule within one year
of the effective date of this act.
23 Pa.C.S.A. § 4323. Support of emancipated child
(a) Emancipated child. — A court shall not order either or
both parents to pay for the support of a child if the child is
emancipated.
(b) Marital status of parents immaterial. — In making an order
for the support of a child, no distinction shall be made because
of the marital status of the parents.
23 Pa.C.S.A. § 4327. Postsecondary educational costs
(a) General rule. — Where applicable under this section, a
court may order either or both parents who are separated,
divorced, unmarried or otherwise subject to an existing support
obligation to provide equitably for educational costs of their
child whether an application for this support is made before or
after the child has reached 18 years of age. The responsibility
to provide for postsecondary educational expenses is a shared
responsibility between both parents. The duty of a parent to
provide a postsecondary education for a child is not as exacting
a requirement as the duty to provide food, clothing and shelter
for a child of tender years unable to support himself. This
authority shall extend to postsecondary education, including
periods of undergraduate or vocational education after the child
graduates from high school. An award for postsecondary
educational costs may be entered only after the child or student
has made reasonable efforts to apply for scholarships, grants and
work-study assistance.
(b) Action to recover educational expenses. — An action to
recover educational costs may be commenced:
(1) by the student if over 18 years of age; or
(2) by either parent on behalf of a child under 18 years of
age, but, if the student is over 18 years of age, the
student's written consent to the action must be secured.
(c) Calculation of educational costs. — In making an award
under this section, the court shall calculate educational costs
as defined in this section.
(d) Grants and scholarships. — The court shall deduct from the
educational costs all grants and scholarships awarded to the
student.
(e) Other relevant factors. — After calculating educational
costs and deducting grants and scholarships, the court may order
either parent or both parents to pay all or part of the remaining
educational costs of their child. The court shall consider all
relevant factors which appear reasonable, equitable and
necessary, including the following:
(1) The financial resources of both parents.
(2) The financial resources of the student.
(3) The receipt of educational loans and other financial
assistance by the student.
(4) The ability, willingness and desire of the student to
pursue and complete the course of study.
(5) Any willful estrangement between parent and student
caused by the student after attaining majority.
(6) The ability of the student to contribute to the
student's expenses through gainful employment. The student's
history of employment is material under this paragraph.
(7) Any other relevant factors.
(f) When liability may not be found. — A court shall not order
support for educational costs if any of the following
circumstances exist:
(1) Undue financial hardship would result to the parent.
(2) The educational costs would be a contribution for
postcollege graduate educational costs.
(3) The order would extend support for the student beyond
the student's twenty-third birthday. If exceptional
circumstances exist, the court may order educational support
for the student beyond the student's twenty-third birthday.
(g) Parent's obligation. — A parent's obligation to contribute
toward the educational costs of a student shall not include
payments to the other parent for the student's living expenses at
home unless the student resides at home with the other parent and
commutes to school.
(h) Termination or modification of orders. — Any party may
request modification or termination of an order entered under
this section upon proof of change in educational status of the
student, a material change in the financial status of any party
or other relevant factors.
(i) Applicability. —
(1) This act shall apply to all divorce decrees, support
agreements, support orders, agreed or stipulated court
orders, property settlement agreements, equitable
distribution agreements, custody agreements and/or court
orders and agreed to or stipulated court orders in effect on,
executed or entered since, November 12, 1992.
(2) In addition, this act shall apply to all pending
actions for support. This section shall not supersede or
modify the express terms of a voluntary written marital
settlement agreement or any court order entered pursuant
thereto.
(j) Definitions. — As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Educational costs." Tuition, fees, books, room, board and
other educational materials.
"Postsecondary education." An educational or vocational program
provided at a college, university or other postsecondary
vocational, secretarial, business or technical school.