Pennsylvania Child Support Deviation Factors

A deviation occurs when the court orders a child support amount that differs from the amount calculated under the standard Pennsylvania guidelines (Pa.R.C.P. 1910.16-4). The court can deviate upward (ordering more support) or downward (ordering less support) if it finds that applying the guideline amount would be unjust or inappropriate in the specific case.

To request a deviation, you must: (1) file a motion or petition with the court requesting the deviation; (2) provide specific facts and evidence supporting why the guideline amount is unjust or inappropriate; (3) cite the specific deviation factors under Pa.R.C.P. 1910.16-5 that apply to your case; and (4) present documentation such as financial records, receipts, medical bills, or expert testimony to support your request. You bear the burden of proving the deviation is warranted.

No. While substantial parenting time (40% or more) is a deviation factor under Pa.R.C.P. 1910.16-5(b)(8), it does not automatically reduce support. The court will consider whether the obligor incurs duplicated expenses (housing, food, clothing, etc.) due to the custody arrangement. You must present evidence of these additional costs. Equal custody time alone does not eliminate the support obligation if there is a significant income disparity between parents.

Yes, but with limitations. Under Pa.R.C.P. 1910.16-5(b)(2), the court may consider your other support obligations. However, this typically applies to legal support obligations (court orders for other children). Voluntary obligations (such as supporting stepchildren or a new spouse's children) are given less weight unless you are legally obligated to support them. The court balances your duty to all children you are obligated to support.

You should provide: (1) detailed medical bills showing unreimbursed expenses; (2) insurance explanation of benefits (EOB) statements; (3) receipts for medications, therapies, or medical equipment; (4) letters from healthcare providers explaining the necessity and ongoing nature of expenses; (5) documentation showing the child's special medical needs or diagnosis; and (6) proof that these expenses are not covered by insurance or other sources. Keep organized records for at least the past 12 months.

Possibly. Private school tuition can be grounds for deviation under Pa.R.C.P. 1910.16-5(b)(6) or (b)(10), but the court will consider: (1) whether the child attended private school before separation; (2) the parents' financial ability to afford it; (3) whether the custodial parent unilaterally enrolled the child without the other parent's consent or court approval; (4) the child's special educational needs; and (5) the standard of living the child would have enjoyed. The court has discretion and weighs these factors case-by-case.

Under Pa.R.C.P. 1910.16-5(b)(9), mortgage or housing expenses may justify deviation, particularly if: (1) the obligor has substantial parenting time and maintains a separate residence for the children; (2) the housing costs are directly related to providing for the child; or (3) the obligee's housing costs are unusually high or low. However, basic housing expenses are already factored into the guidelines, so you must show unusual or extraordinary circumstances to warrant adjustment.

Yes. Like any child support order in Pennsylvania, a deviation order can be modified upon a showing of a material and substantial change in circumstances under 23 Pa.C.S. § 4352. Either party can petition for modification. However, if the deviation was based on specific facts (e.g., a child's extraordinary medical needs), and those facts change, the court may reconsider the deviation. Changed income, custody arrangements, or the child's needs can all justify modification.