mnacey

Chapter 27 of the Domestic Relations Code is going to be amended, effective April 25, 2011, in order to permit open adoptions in Pennsylvania.  The purpose of this amendment is to permit adoptive parents and birth relatives to enter into a voluntary agreement for ongoing communication or contact provided such an arrangement is in the best interest of the child, recognizes the parties’ intention for ongoing communication or contact, is appropriate given the role of the parties’ in the child’s life, and is approved by the Court. 

The birth relative identified by the statute includes a parent, grandparent, stepparent, sibling, uncle or aunt of the child’s birth family.  These relationships may be by blood, marriage or adoption. 

If the adoptee is over the age of 12 any agreement made pursuant to this Chapter must be done with the consent of the child. 

Each party to the agreement must complete an affidavit affirmatively declaring that the agreement is being entered into knowingly and voluntarily and that the agreement is not the product of coercion, fraud or duress. 

The agreement must be in the best interest of the child.  When considering that interest, the Court may consider, among other factors, the length of time the child has been under the care, custody and control of the party, the interaction and interrelationship of the child with the birth relatives, the adjustment to the child’s home, school and community, the willingness and ability of the birth relative to respect and appreciate the bond between the child and the prospective adoptive parent, and the willingness of the prospective adoptive parent to respect and appreciate the bond between the child and the birth relative. 

Only the adoptive parent or the child, if over the age of 12, may modify the agreement by filing an action in the Court that finalized the adoption.  Such modification will be granted if the Court finds a modification serves the needs, welfare and best interest of the child.

Any party to the agreement, a sibling or the child who is the subject of the agreement may bring an action to enforce it, provided it is in writing, was approved by the Court prior to the adoption decree, and was properly consented to by the child if over the age of 12.  Before a court may enter an order enforcing an agreement, it must find the party seeking enforcement is in substantial compliance with the agreement and the enforcement serves the needs, welfare and best interest of the child. 

The agreement may be terminated by a party or the child if the Court finds that the discontinuance serves the best interest of the child.

The Pennsylvania child support guidelines will be changing effective May 12, 2010. These guidelines are required by both federal and state law and are based on the income shares model, which attempts to place children of divorced, separated or single parents on the same financial footing of children whose parents are in intact relationships.

Under the current guidelines, both parents’ incomes are added together and, depending on the number of children for whom the claim is made, child support is allocated between the parties in proportion to their respective incomes. The courts currently use a different formula when determining child support in cases where the parents’ combined net income exceeds $20,000 per month.  The new guidelines raise the threshold for high income cases to $30,000 per month for combined monthly net income.  Moreover, in cases that exceed $30,000 of combined monthly net income, a new formula will be applied to determine child support.  Regardless of which formula is used, the court will apply adjustments to the basic child support award due to child care expenses, the federal child care tax credit, health insurance premiums, unreimbursed medical expenses, private school tuition, summer camp, and mortgage payments paid by the custodial parent while residing in the marital residence. Under certain circumstances, the court will consider a deviation from the guideline calculation.

Generally, in order to modify child support, a party must show a substantial change of circumstances. However, the implementation of new child support guidelines constitute a material and substantial change of circumstances. Accordingly, a party may file a petition to modify based on the guidelines alone. Whether such a course of action is prudent, however, depends on the circumstances of the case.