Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 08-1248

THE COURTS

PART I. GENERAL

[ 231 PA. CODE CH. 1910 ]

Amendments to Rules 1910.11, 1910.16-2, 1910.16-3, 1910.16-3.1, 1910.16-4, 1910.16-5, 1910.16-6, 1910.16-7, 1910.17 and 1910.27 Relating to Domestic Relations Matters; Proposed Recommendation No. 91

[38 Pa.B. 3617]
[Saturday, July 5, 2008]

   The Domestic Relations Procedural Rules Committee (Committee) is planning to recommend that the Supreme Court of Pennsylvania amend the Rules of Civil Procedure relating to domestic relations matters as set forth herein. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.

   Notes and explanatory comments which appear with proposed amendments have been inserted by the Committee for the convenience of those using the rules. Reports, notes and comments will not constitute part of the rules and will not be officially adopted or promulgated by the Supreme Court.

   The Committee solicits and welcomes comments and suggestions from all interested persons prior to submission of this proposal to the Supreme Court of Pennsylvania. Submit written comments no later than Friday, October 31, 2008, directed to:

Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
 
FAX (717) 795-2175
E-mail: patricia.miles@pacourts.us

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1910. ACTIONS FOR SUPPORT

Rule 1910.11. Office Conference. Subsequent Proceedings. Order.

*      *      *      *      *

   (c)  At the conference, the parties shall furnish to the officer true copies of their most recent federal income tax returns, their pay stubs for the preceding six months, verification of child care expenses and proof of medical coverage which they may have or have available to them. In addition, they shall provide copies of their Income and Expense Statements in the forms required by Rule 1910.27(c), completed as set forth below.

*      *      *      *      *

   (2)  For cases which are decided according to [Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984)] Rule 1910.16-3.1, the Income Statement and the Expense Statement at Rule 1910.27(c)(2)(B) must be completed.

*      *      *      *      *

Rule 1910.16-1. Amount of Support. Support Guidelines.

   (a)  Applicability of the Support Guidelines.

*      *      *      *      *

   (2)  In actions in which the plaintiff is a public body or private agency pursuant to Rule 1910.3, the amount of the order shall be calculated under the guidelines based upon each obligor's net monthly income as defined in Rule 1910.16-2, with the public or private entity's income as zero. In such cases, each parent shall be treated as a separate obligor and a parent's obligation will be based upon his or her own monthly net income without regard to the income of the other parent.

   (i)  The amount of basic child support owed to other children not in placement shall be deducted from each parent's net income before calculating support for the child or children in placement, including the amount of direct support the guidelines assume will be provided by the custodial parent.

Example 1. Mother and Father have three children and do not live in the same household. Mother has primary custody of two children and net income of [$1,500] $2,000 per month. Father's net monthly income is $3,000. The parties' third child is in foster care placement. Pursuant to the schedule at Rule 1910.16-3, the basic child support amount for the two children with Mother is [$1,216] $1,350. As Father's income is [67%] 60% of the parties' combined monthly net income, his basic support obligation to Mother is [$815] $810 per month. The guidelines assume that Mother will provide [$401] $540 per month in direct expenditures to the two children in her home. The agency/obligee brings an action against each parent for the support of the child in placement. Father/obligor's income will be [$2,185] $2,190 for purposes of this calculation ($3,000 net less [$815] $810 in support for the children with Mother). Because the agency/obligee's income is zero, Father's support for the child in placement will be 100% of the schedule amount of basic support for one child at the [$2,185] $2,190 income level, or [$545] $528 per month. Mother/obligor's income will be [$1,099] $1,460 for purposes of this calculation ([$1,500] $2,000 net less [$401] $540 in direct support to the children in her custody). Her support obligation will be 100% of the schedule amount for one child at that income level, or [$284] $354 per month.
Example 2. Mother and Father have two children in placement. Father owes child support of $500 per month for two children of a former marriage. At the same income levels as above, Father's income for determining his obligation to the children in placement would be $2,500 ($3,000 less $500 support for two children of prior marriage). His obligation to the agency would be [$853] $866 per month (100% of the schedule amount for two children at the $2,500 per month income level). Mother's income would not be diminished as she owes no other child support. She would owe [$544] $698 for the children in placement (100% of the schedule amount for two children at the [$1,500] $2,000 income level).

   (ii)  If the parents reside in the same household, their respective obligations to the children who remain in the household and are not in placement shall be calculated according to the guidelines, with the parent having the higher income as the obligor, and that amount shall be deducted from the parents' net monthly incomes for purposes of calculating support for the child(ren) in placement.

Example 3. Mother and Father have four children, two of whom are in placement. Mother's net monthly income is $4,000 and Father's is $2,000. The basic support amount for the two children in the home is [$1,359] $1,483, according to the schedule at Rule 1910.16-3. As Mother's income is 67% of the parties' combined net monthly incomes, her share would be [$911] $994, and Father's 33% share would be [$448] $489. Mother's income for purposes of calculating support for the two children in placement would be [$3,089] $3,006 ($4,000 less [$911] $994). She would pay 100% of the basic child support at that income level, or [$1,029] $1,033, for the children in placement. Father's income would be [$1,552] $1,511 ($2,000 less [$448] $489) and his obligation to the children in placement would be [$560] $531.

*      *      *      *      *

   (c)  Spousal Support and Alimony Pendente Lite.

   (1)  Orders for spousal support and alimony pendente lite shall not be in effect simultaneously.

   (2)  In determining the duration of an award for spousal support or alimony pendente lite, the trier of fact shall consider the period of time during which the parents lived together from the date of marriage to the date of final separation.

*      *      *      *      *

Explanatory Comment--[2005] 2008

   Introduction. Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. 23 Pa.C.S. § 4322(a). That statute further provides that the guideline shall be ''established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly.'' Id.

   Pursuant to federal law, The Family Support Act of 1988 (P. L. 100-485, 102 Stat. 2343 (1988), 42 U.S.C. § 667(a)), statewide support guidelines must ''be reviewed at least once every four years to ensure that their application results in the determination of appropriate child support award amounts.'' Federal regulations, 45 CFR 302.56, further require that such reviews include an assessment of the most recent economic data on child-rearing costs and a review of data from case files to assure that deviations from the guidelines are limited. The Pennsylvania statute also requires a review of the support guidelines every four years. 23 Pa.C.S.A. § 4322(a).

   The Domestic Relations Procedural Rules Committee of the Supreme Court of Pennsylvania began the mandated review process in [early 2003] 2007. The committee was assisted in its work by Jane Venohr, Ph.D., an economist with [Policy Studies, Inc.] the Center for Policy Research, under contract with the Pennsylvania Department of Public Welfare. As a result of the review, the committee recommended to the Supreme Court several amendments to the statewide guidelines.

   A.  Income Shares Model. Pennsylvania's child support guidelines are based upon the Income Shares Model. That model was developed under the Child Support Guidelines Project funded by the U.S. Office of Child Support Enforcement and administered by the National Center for State Courts. The Guidelines Project Advisory Group recommended the Income Shares Model for state guidelines. At present, [33] 37 states use the Income Shares Model as a basis for their child support guidelines.

   The Income Shares Model is based upon the concept that the child of separated, divorced or never-married parents should receive the same proportion of parental income that she or he would have received if the parents lived together. A number of authoritative economic studies provide estimates of the average amount of household expenditures for children in intact households. These studies show that the proportion of household spending devoted to children is directly related to the level of household income and to the number of the children. The basic support amounts reflected in the schedule in Rule 1910.16-3 represent average marginal expenditures on children for food, housing, transportation, clothing and other miscellaneous items that are needed by children and provided by their parents, including the first $250 of unreimbursed medical expenses incurred annually per child.

   1.  Economic Measures. The support schedule in Rule 1910.16-3 is based upon child-rearing expenditures measured by David M. Betson, Ph.D., Professor of Economics, University of Notre Dame. Dr. Betson's measurements were developed for the U.S. Department of Health and Human Services for the explicit purpose of assisting states with the development and revision of child support guidelines. Dr. Betson's research [was] also was used in developing the prior schedule, effective in [April 1999] January 2006. [In 2001,] Dr. Betson [updated] updates his estimates using data from the [1996-98] Consumer Expenditure Survey conducted by the U.S. Bureau of Labor Statistics. In the current schedule, those figures were converted to [2003] 2008 price levels using the Consumer Price Index.

   2.  Source of Data. The estimates used to develop the schedule are based upon national data. The specific sources of the data are the periodic Consumer Expenditure Surveys. Those national surveys are used because they are the most detailed available source of data on household expenditures. The depth and quality of this information is simply not available at the state level and would be prohibitively costly to gather. [However, according to the 2000 Census conducted by the U.S. Census Bureau, the median Pennsylvania family income in 1999 was $49,184, while the national median family income was $50,046. Thus, using national data continues to be appropriate.]

   The U. S. Department of Agriculture's Center for Nutrition Policy and Promotion (''CNPP'') also develops economic estimates for the major categories of child-rearing expenditures. Although the committee reviewed these estimates, it is not aware of any state that relies upon the CNPP estimates as a basis for its child support schedule.

   B.  Statutory Considerations. The Pennsylvania statute, 23 Pa.C.S.A. § 4322(a), provides:

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.

   1.  Reasonable Needs and Reasonable Ability to Provide Support. The guidelines make financial support of a child a primary obligation and assume that parties with similar net incomes will have similar reasonable and necessary expenses. After the basic needs of the parents have been met, the child's needs shall receive priority. The guidelines assume that if the obligor's net income is at the poverty level, he or she is barely able to provide for his or her own basic needs. In those cases, therefore, the entry of a minimal order may be appropriate after considering the party's living expenses. In some cases, it may not be appropriate to enter a support order at all. In most cases, however, a party's living expenses are not relevant in determining his or her support obligation. Rather, as the statute requires, the obligation is based upon the reasonable needs of a dependent spouse or child and the reasonable ability of the obligor to pay.

   2.  Net Income. The guidelines use the net incomes of the parties [and are based on the assumption that a child's reasonable needs increase as the combined net income of the child's parents increases]. Each parent is required to contribute a share of the child's reasonable needs in proportion to that parent's share of the combined net income. The custodial parent makes these contributions through direct expenditures for food, shelter, clothing, transportation and other reasonable needs. The non-custodial parent makes contributions through periodic support payments to the custodial parent. Rule 1910.16-2(d) has been amended to clarify the provisions relating to [fluctuating] income and earning capacity.

   3.  Allowable Deviations. The guidelines are designed to treat similarly situated parents, spouses and children in the same manner. However, when there are unavoidable differences, deviations must be made from the guidelines. Failure to deviate from these guidelines by considering a party's actual expenditures where there are special needs and special circumstances constitutes a misapplication of the guidelines.

   C.  Child Support Schedule. The child support schedule in Rule 1910.16-3 has been amended to reflect updated economic data, as required by federal and state law, to ensure that children continue to receive adequate levels of support. [At some income levels the presumptive amount of support has increased from the previous schedule, and at some income levels it has decreased. The economic data support the revised schedule.] The support amounts in the schedule have been expanded to apply to a combined net monthly income of [$20,000] $30,000 and remain statistically valid. The economic data support the revised schedule.

   D.  Self-Support Reserve (''SSR''). The amended schedule also incorporates an increase in the ''Self-Support Reserve'' or ''SSR'' from [$550] $748 per month to [$748] $867 per month, the [2003] 2008 federal poverty level for one person. Formerly designated as the ''Computed Allowance Minimum'' or ''CAM,'' the Self-Support Reserve, as it is termed in most other states' guidelines, is intended to assure that low-income obligors retain sufficient income to meet their own basic needs, as well as to maintain the incentive to continue employment. The SSR is built into the schedule in Rule 1910.16-3 and adjusts the basic support obligation to prevent the obligor's net income from falling below [$748] $867 per month. Because the schedule in Rule 1910.16-3 applies to child support only, Rule 1910.16-2(e)(1)(B) provides for a similar adjustment in spousal support and alimony pendente lite cases to assure that the obligor retains a minimum of [$748] $867 per month.

   E.  Shared Custody. [Prior to the amendments effective in April of 1999, there was no formula or procedure for deviating from the basic support guidelines when custody was shared equally or the non-custodial parent has substantial partial custody. Prior to 1999, the guidelines provided that the obligor's support obligation should be reduced only if he or she spent ''an unusual amount of time with the children.''

   As part of the review process that resulted in the 1999 amendments, the committee considered the practices of several other jurisdictions and ultimately selected a method which gave some recognition to the shift in child-related expenditures that occurs when the obligor spends a substantial amount of time with the children. While recognizing that it was not a perfect solution to the problem of establishing support obligations in the context of substantial or shared custody, it was preferable to the diverse offset methods which had been developed by local courts. Its chief advantage was that it provided statewide uniformity and avoided a sharp reduction in the obligation at certain thresholds. These amendments do not change that rule.]

   In creating the new schedule, the amounts of basic child support were first increased to reflect updated economic data, including 2008 price levels. However, the amounts of basic child support were then adjusted to build into the schedule the rebuttable presumption that the children spend 30% of the time with the obligor and that the obligor makes direct expenditures on their behalf during that time. That does not mean that the entire schedule was reduced by 30%. Only those variable expenditures, such as food and entertainment, that fluctuate based upon parenting time were adjusted.

   The calculation in Rule 1910.16-4(c) reduces an obligor's support obligation further if the obligor spends significantly more time with the children. The revised schedule assumes that the obligor has 30% parenting time. The obligor will receive an additional 10% reduction in the amount of support owed at 40% parenting time, increasing incrementally to a 20% reduction at 50% parenting time. This method may still result in a support obligation even if custody of the children is equally shared. In those cases, the rule provides for a maximum obligation which may reduce the obligation so that the obligee does not receive a larger portion of the parties' combined income than the obligor.

   F.  Child Care Expenses. Rule 1910.16-6(a) [has been] was amended in 2006 to provide that child care expenses incurred by both parties shall be apportioned between the parties in recognition of the fact that a non-custodial parent may also incur such expenses during his or her custodial periods with the children.

   G.  Spousal Support and Alimony Pendente Lite. Subdivision (c) has been amended to require the court to consider the length of the marriage in determining the duration of a spousal support or alimony pendente lite award. The language was moved from Rule 1910.16-5(c) which deals with deviation. The primary purpose of this provision is to prevent the unfairness that arises in a short-term marriage when the obligor is required to pay support over a substantially longer period of time than the parties were married and there is little or no opportunity for credit for these payments at the time of equitable distribution.

   H.  Other Amendments. All of the examples in the guidelines have been updated to reflect the changes to the basic child support schedule. Prior explanatory comments have been deleted or revised and incorporated into new comments.

Rule 1910.16-2. Support Guidelines. Calculation of Net Income.

   Generally, the amount of support to be awarded is based upon the parties' monthly net income.

*      *      *      *      *

   (b)  Treatment of Public Assistance, SSI Benefits and Social Security Payments to a Child Due to a Parent's Death, Disability or Retirement.

*      *      *      *      *

Example 1. If the obligor has net income of $1,200 per month; the obligee has net monthly income of $800; and the child receives Social Security derivative benefits of $300 per month as a result of either the obligor's or obligee's retirement or disability, then the total combined monthly net income is $2,300. Using the schedule at Rule 1910.16-3 for one child, the amount of support is [$568] $551 per month. From that amount, subtract the amount the child is receiving in Social Security derivative benefits ([$568] $551 minus $300 equals [$268] $251). Then, apply the formula at Rule 1910.16-4 to apportion the remaining child support amount of [$268] $251 between the obligor and the obligee in proportion to their respective incomes. The obligor's $1,200 net income per month is 60% of the total of the obligor's and the obligee's combined net monthly income. Thus, the obligor's support obligation would be 60% of [$268] $251, or [$161] $151, per month.
Example 2. Two children live with Grandmother who receives $400 per month in Social Security death benefits for the children as a result of their father's death. Grandmother also receives $500 per month from a trust established by Father for the benefit of the children. Grandmother is employed and earns $2,000 net per month. Grandmother seeks support from the children's mother, who earns $1,500 net per month. For purposes of calculating Mother's support obligation, Grandmother's income will be $500, the amount she receives on behalf of the children from the trust. Therefore, the obligee's and the obligor's combined net monthly incomes total $2,000. Add to that the $400 in Social Security benefits Grandmother receives for the children to find the basic child support amount in Rule 1910.16-3. The basic support amount at the $2,400 income level for two children is [$820] $831. Subtracting from that amount the $400 in Social Security derivative benefits Grandmother receives for the children, results in a basic support amount of [$420] $431 [to be apportioned between the parties]. As Mother's income is 75% of the parties' combined income of $2,000, her support obligation to Grandmother is [$315] $323 per month.

*      *      *      *      *

   (d)  Reduced or Fluctuating Income.

   (1)  Voluntary Reduction of Income. When either party voluntarily assumes a lower paying job, quits a job, leaves employment, changes occupations or changes employment status to pursue an education, or is fired for cause, there generally will be no effect on the support obligation.

   (2)  Involuntary Reduction of, and Fluctuations in, Income. No adjustments in support payments will be made for normal fluctuations in earnings. However, appropriate adjustments will be made for substantial continuing involuntary decreases in income, including but not limited to the result of illness, lay-off, termination, job elimination or some other employment situation over which the party has no control unless the court finds that such a reduction in income was willfully undertaken in an attempt to avoid or reduce the support obligation.

   (3)  Seasonal Employees. Support orders for seasonal employees, such as construction workers, shall ordinarily be based upon a yearly average.

   (4)  Earning Capacity. [Ordinarily, either] If the court finds, on the record, that a party to a support action [who] has willfully [fails] failed to obtain appropriate employment, [will be considered to have] the court may impute to that party an income equal to the party's earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity. Generally, the court should not impute an earning capacity that is greater than the amount the party would earn from one full-time position. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours and working conditions.

   (e)  Net Income Affecting Application of the Child Support Guidelines.

   (1)  Low Income Cases.

   (A)  When the obligor's monthly net income and corresponding number of children fall into the shaded area of the schedule set forth in Rule 1910.16-3, the basic child support obligation shall be calculated using the obligor's income only. For example, where the obligor has monthly net income of [$850] $950, the presumptive amount of support for three children is [$94] $77 per month. This amount is determined directly from the schedule in Rule 1910.16-3.

   (B)  In computing a basic spousal support or alimony pendente lite obligation, the presumptive amount of support shall not reduce the obligor's net income below [$748] the Self-Support Reserve of $867 per month. For example, if the obligor earns [$800] $1,000 per month and the obligee earns $300 per month, the formula in Part IV of Rule 1910.16-4 would result in a support obligation of [$200] $280 per month. Since this amount leaves the obligor with only [$600] $720 per month, it must be adjusted so that the obligor retains at least [$748] $867 per month. The presumptive minimum amount of spousal support, therefore, is [$52] $133 per month in this case.

   (C)  When the obligor's monthly net income is [$748] $867 or less, the court may award support only after consideration of the obligor's actual living expenses.

   (2)  High Income Child Support Cases. [When the parties' combined net income exceeds $20,000 per month, child support shall be calculated pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). The presumptive minimum amount of child support shall be the obligor's percentage share of the highest amount of support which can be derived from the schedule for the appropriate number of children and using the parties' actual combined income to determine the obligor's percentage share of this amount. The court may award an additional amount of child support based on the parties' combined income and the factors set forth in Melzer. The Melzer analysis in high income child support cases shall be applied to all of the parties' income, not just to the amount of income exceeding $20,000 per month. In a Melzer analysis case, the presumptive minimum remains applicable.

For example, where the obligor and the obligee have monthly net incomes of $17,000 and $4,000 respectively, the presumptive minimum amount of child support for three children is calculated as follows: using the formula in Rule 1910.16-4, determine the parties' percentage shares of income based on their actual combined income--81% and 19% respectively of $21,000. Using the schedule in Rule 1910.16-3, find the highest possible combined child support obligation for three children--$3,018. The obligor's percentage share of the combined obligation is 81% of $3,018, or $2,445. This is the presumptive minimum amount of child support that he or she must pay for three children. Since this amount is derived from the schedule in Rule 1910.16-3, which is limited to combined household income of $20,000, the court may award an additional amount of support based on the factors set forth in Melzer.]

   When the parties' combined net income exceeds $30,000 per month, calculation of basic child support shall be pursuant to the formula at Rule 1910.16-3.1(a).

*      *      *      *      *

Explanatory Comment--[2005] 2008

   Subdivision (a) addresses gross income for purposes of calculating the support obligation by reference to the statutory definition at 23 Pa.C.S.A. § 4322. Subdivision (b) provides for the treatment of public assistance, SSI benefits and Social Security derivative benefits.

   Subdivision (c) sets forth the exclusive list of the deductions that may be taken from gross income in arriving at a party's net income. When the cost of health insurance premiums is treated as an additional expense subject to allocation between the parties under Rule 1910.16-6, it is not deductible from gross income. However, part or all of the cost of health insurance premiums may be deducted from the obligor's gross income pursuant to Rule 1910.16-6(b) in cases in which the obligor is paying the premiums and the obligee has no income or minimal income. Subdivision (c) relates to awards of spousal support or alimony pendente lite when there are multiple families. In these cases, a party's net income must be reduced to account for his or her child support obligations, as well as any pre-existing spousal support, alimony pendente lite or alimony obligations being paid to former spouses who are not the subject of the support action.

   Subdivision (d) has been amended to clarify the distinction between voluntary and involuntary changes in income and the imputing of earning capacity. [Since the payment of support is a priority, subsection (1) reflects current case law which, for example, holds that a party's decision to forego current employment in order to further his or her education should be treated no differently than a decision to change jobs or occupations which results in a lower income. Kersey v. Jefferson, 791 A.2d 419 (Pa. Super. Ct. 2002); Grimes v. Grimes, 596 A.2d 240 (Pa. Super. Ct. 1991).] Statutory provisions at 23 Pa.C.S.A. § 4322, as well as case law, are clear that a support obligation is based upon the ability of a party to pay, and that the concept of an earning capacity is intended to reflect a realistic, rather than a theoretical, ability to pay support. Amendments to subdivision (d) are intended to clarify when imposition of an earning capacity is appropriate.

   Subdivision (e) has been amended to reflect the updated schedule in Rule 1910.16-3 and the increase in the Self-Support Reserve (''SSR''), formerly referred to as the Computed Allowance Minimum (''CAM''). The schedule now applies to all cases in which the parties' combined net monthly income is [$20,000] $30,000 or less. The upper income limit of the prior schedule was only [$15,000] $20,000. The amount of support at each income level of the schedule also has changed, so the examples in Rule 1910.16-2 were revised to be consistent with the new support amounts.

   The SSR is intended to assure that obligors with low incomes retain sufficient income to meet their basic needs and to maintain the incentive to continue employment. When the obligor's net monthly income or earning capacity falls into the shaded area of the schedule, the basic child support obligation can be derived directly from the schedule in Rule 1910.16-3. There is no need to use the formula in Rule 1910.16-4 to calculate the obligor's support obligation because the SSR keeps the amount of the obligation the same regardless of the obligee's income. The obligee's income may be a relevant factor, however, in determining whether to deviate from the basic guideline obligation pursuant to Rule 1910.16-5 and in considering whether to require the obligor to contribute to any additional expenses under Rule 1910.16-6.

   Since the schedule in Rule 1910.16-3 sets forth basic child support only, subdivision (e)(1)(B) is necessary to reflect the operation of the SSR in spousal support and alimony pendente lite cases. It adjusts the basic guideline obligation, which would otherwise be calculated under the formula in Rule 1910.16-4, so that the obligor's income does not fall below the SSR amount in these cases.

   Previously, the [CAM] SSR required that the obligor retain at least [$550] $748 per month. The SSR now requires that the obligor retain income of at least [$748] $867 per month, an amount equal to the [2003] 2008 federal poverty level for one person. When the obligor's monthly net income is less than [$748] $867, subsection (e)(1)(C) provides that the court must consider the parties' actual living expenses before awarding support. The guidelines assume that at this income level the obligor is barely able to meet basic personal needs. In these cases, therefore, entry of a minimal order may be appropriate. In some cases, it may not be appropriate to order support at all.

   The schedule at Rule 1910.16-3 sets forth the presumptive amount of basic child support to be awarded. If the circumstances warrant, the court may deviate from that amount under Rule 1910.16-5 and may also consider a party's contribution to additional expenses, which are typically added to the basic amount of support under Rule 1910.16-6. If, for example, the obligor earns only [$800] $900 per month but is living with his or her parents, or has remarried and is living with a fully-employed spouse, the court may consider an upward deviation under Rule 1910.16-5(b)(3) and/or may order the party to contribute to the additional expenses under Rule 1910.16-6. Consistent with the goals of the SSR, however, the court should ensure that the overall support obligation leaves the obligor with sufficient income to meet basic personal needs and to maintain the incentive to continue working so that support can be paid.

   Subdivision (e) also [reflects the limited] has been amended to eliminate the application of Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), [to cases in which the guidelines cannot be used to establish the child support obligation because the parties' combined income exceeds $20,000 per month] in high-income cases. [The court must establish a presumptive minimum amount of child support using the guidelines to arrive at that amount. The formula for calculating the presumptive minimum amount provides that the parties' percentage shares should be calculated using their actual combined income rather than the theoretical combined income of only $20,000. In considering whether to award an additional amount of child support, the court must apply the factors set forth in Melzer to all of the parties' combined income, not just the amount over $20,000 per month. It would be improper to apply the formula in Rule 1910.16-4 to the amount of the parties' combined income which exceeds $20,000 per month and award the obligor's percentage share as additional support. Additional support, if any, may be more or less than the percentage share and must be determined, therefore, in accordance with the factors set forth in Melzer. The presumptive minimum shall apply even if the Melzer analysis results in a lower amount.] In cases in which the parties' combined net monthly income exceeds $30,000, child support will be calculated in accordance with the formula in new Rule 1910.16-3.1(a). As the presumptively correct amount of basic support in all cases now will be determined by guidelines schedule or formula, there is no longer any need for the calculation of a presumptive minimum amount of support.

Rule 1910.16-3. Support Guidelines. Basic Child Support Schedule.

   The following schedule sets forth the amounts spent on children in intact families by combined income and number of children. Combined income is on the vertical axis of the schedule and number of children is on the horizontal axis of the schedule. This schedule is used to find the basic child support obligation. Unless otherwise provided in these rules, the obligor's share of the basic support obligation shall be computed using the formula set forth in Part I of Rule 1910.16-4.

Monthly Basic Child Support Schedule
COMBINED ADJUSTED NET
INCOME
ONE
CHILD
TWO
CHILDREN
THREE
CHILDREN
FOUR
CHILDREN
FIVE
CHILDREN
SIX
CHILDREN
[ 0-800 50 50 50 50 50 50
850 92 93 94 95 96 97
900 137 138 140 141 143 144
950 182 184 186 188 190 192
1000 227 229 232 234 237 239
1050 271 275 278 281 284 287
1100 284 320 324 327 331 334
1150 296 366 370 374 378 382
1200 309 411 416 420 425 429
1250 322 455 462 467 472 477
1300 335 472 508 513 519 524
1350 348 490 554 560 566 572
1400 360 508 589 606 613 619
1450 373 526 610 653 660 667
1500 386 544 630 699 707 714
1550 397 560 648 723 754 762
1600 409 575 666 743 801 809
1650 421 591 684 763 839 857
1700 432 607 702 783 861 904
1750 444 623 720 803 883 952
1800 455 638 738 822 905 984
1850 467 654 756 842 927 1008
1900 479 670 773 862 949 1032
1950 490 685 790 881 969 1055
2000 501 700 807 900 990 1077
2050 512 715 824 918 1010 1099
2100 523 729 840 937 1031 1121
2150 534 744 857 955 1051 1143
2200 545 759 873 974 1071 1166
2250 557 774 890 992 1092 1188
2300 568 789 907 1011 1112 1210
2350 579 804 924 1030 1133 1233
2400 591 820 942 1051 1156 1257
2450 603 837 961 1071 1179 1282
2500 615 853 979 1092 1201 1307
2550 626 869 998 1113 1224 1332
2600 638 886 1017 1134 1247 1357
2650 650 902 1035 1154 1270 1381
2700 662 918 1054 1175 1292 1406
2750 674 935 1072 1196 1315 1431
2800 684 949 1088 1213 1335 1452
2850 694 962 1103 1230 1353 1472
2900 704 976 1118 1246 1371 1492
2950 714 989 1133 1263 1389 1511
3000 724 1003 1147 1279 1407 1531
3050 734 1016 1162 1296 1425 1551
3100 744 1029 1177 1312 1443 1570
3150 754 1043 1192 1329 1461 1590
3200 763 1054 1204 1342 1477 1607
3250 767 1059 1207 1346 1481 1611
3300 772 1063 1211 1350 1485 1616
3350 776 1068 1214 1354 1489 1620
3400 781 1072 1218 1358 1494 1625
3450 785 1077 1221 1362 1498 1630
3500 790 1081 1225 1365 1502 1634
3550 794 1086 1228 1369 1506 1639
3600 798 1090 1231 1373 1510 1643
3650 804 1096 1237 1380 1518 1651
3700 809 1103 1245 1388 1526 1661
3750 815 1110 1252 1396 1535 1670
3800 820 1117 1259 1403 1544 1680
3850 826 1123 1266 1411 1552 1689
3900 831 1130 1273 1419 1561 1699
3950 837 1137 1280 1427 1570 1708
4000 843 1144 1287 1435 1579 1717
4050 848 1151 1294 1443 1587 1727
4100 854 1158 1302 1452 1597 1738
4150 860 1165 1310 1461 1607 1748
4200 866 1173 1318 1469 1616 1759
4250 872 1180 1326 1478 1626 1769
4300 878 1187 1334 1487 1636 1780
4350 884 1194 1341 1496 1645 1790
4400 890 1202 1349 1504 1655 1800
4450 896 1209 1357 1513 1665 1811
4500 902 1216 1365 1522 1674 1821
4550 908 1224 1373 1531 1684 1832
4600 914 1231 1381 1539 1693 1842
4650 920 1238 1389 1548 1703 1853
4700 924 1243 1394 1554 1709 1860
4750 925 1245 1395 1555 1711 1861
4800 927 1246 1396 1557 1713 1863
4850 928 1248 1398 1558 1714 1865
4900 930 1249 1399 1560 1716 1867
4950 931 1251 1400 1561 1717 1869
5000 933 1253 1402 1563 1719 1870
5050 934 1254 1403 1564 1721 1872
5100 936 1256 1404 1566 1722 1874
5150 937 1257 1406 1567 1724 1876
5200 939 1259 1407 1569 1726 1877
5250 940 1261 1408 1570 1727 1879
5300 942 1262 1410 1572 1729 1881
5350 943 1264 1411 1573 1731 1883
5400 945 1265 1412 1575 1732 1885
5450 946 1267 1414 1576 1734 1886
5500 948 1268 1415 1578 1735 1888
5550 952 1273 1420 1583 1742 1895
5600 959 1283 1431 1595 1755 1909
5650 966 1292 1441 1607 1768 1923
5700 973 1302 1452 1619 1780 1937
5750 980 1312 1462 1630 1793 1951
5800 988 1321 1473 1642 1806 1965
5850 995 1331 1483 1654 1819 1979
5900 1002 1340 1494 1666 1832 1993
5950 1009 1350 1504 1677 1845 2007
6000 1016 1359 1515 1689 1858 2021
6050 1023 1369 1525 1701 1871 2035
6100 1030 1379 1536 1712 1884 2049
6150 1038 1388 1546 1724 1897 2063
6200 1045 1398 1557 1736 1909 2077
6250 1052 1407 1567 1748 1922 2092
6300 1059 1417 1578 1759 1935 2106
6350 1066 1426 1588 1771 1948 2120
6400 1072 1435 1597 1781 1959 2132
6450 1077 1441 1604 1788 1967 2140
6500 1082 1447 1610 1796 1975 2149
6550 1087 1454 1617 1803 1983 2158
6600 1092 1460 1624 1810 1991 2167
6650 1097 1466 1630 1818 1999 2175
6700 1102 1473 1637 1825 2008 2184
6750 1107 1479 1643 1832 2016 2193
6800 1112 1485 1650 1840 2024 2202
6850 1117 1491 1657 1847 2032 2211
6900 1122 1498 1663 1854 2040 2219
6950 1127 1504 1670 1862 2048 2228
7000 1132 1510 1676 1869 2056 2237
7050 1137 1517 1683 1876 2064 2246
7100 1142 1523 1690 1884 2072 2255
7150 1147 1529 1696 1891 2080 2263
7200 1152 1536 1703 1898 2088 2272
7250 1157 1542 1709 1906 2096 2281
7300 1162 1548 1716 1913 2104 2290
7350 1167 1555 1722 1921 2113 2298
7400 1172 1561 1729 1928 2121 2307
7450 1177 1567 1736 1935 2129 2316
7500 1182 1573 1742 1943 2137 2325
7550 1187 1580 1749 1950 2145 2334
7600 1192 1586 1755 1957 2153 2342
7650 1197 1592 1762 1965 2161 2351
7700 1202 1598 1768 1971 2169 2359
7750 1206 1604 1774 1978 2176 2367
7800 1210 1609 1780 1985 2183 2375
7850 1214 1615 1786 1992 2191 2384
7900 1219 1620 1792 1998 2198 2392
7950 1223 1626 1798 2005 2206 2400
8000 1227 1631 1804 2012 2213 2408
8050 1231 1637 1810 2019 2220 2416
8100 1235 1642 1816 2025 2228 2424
8150 1240 1648 1822 2032 2235 2432
8200 1244 1653 1828 2039 2243 2440
8250 1248 1659 1835 2045 2250 2448
8300 1252 1664 1841 2052 2257 2456
8350 1257 1670 1847 2059 2265 2464
8400 1261 1675 1853 2066 2272 2472
8450 1265 1681 1859 2072 2280 2480
8500 1269 1686 1865 2079 2287 2488
8550 1273 1692 1871 2086 2295 2496
8600 1278 1697 1877 2093 2302 2504
8650 1282 1703 1883 2099 2309 2513
8700 1286 1708 1889 2106 2317 2521
8750 1290 1714 1895 2113 2324 2529
8800 1295 1719 1901 2120 2332 2537
8850 1299 1725 1907 2126 2339 2545
8900 1303 1730 1913 2133 2346 2553
8950 1307 1736 1919 2140 2354 2561
9000 1311 1741 1925 2147 2361 2569
9050 1316 1747 1931 2153 2369 2577
9100 1320 1752 1937 2160 2376 2585
9150 1324 1758 1943 2167 2383 2593
9200 1328 1763 1949 2173 2391 2601
9250 1333 1769 1955 2180 2398 2609
9300 1337 1775 1961 2187 2406 2617
9350 1341 1780 1967 2194 2413 2625
9400 1345 1786 1973 2200 2420 2633
9450 1349 1791 1980 2207 2428 2642
9500 1354 1797 1986 2214 2435 2650
9550 1358 1802 1992 2221 2443 2658
9600 1362 1807 1996 2226 2449 2664
9650 1365 1811 2001 2231 2454 2670
9700 1369 1815 2005 2235 2459 2675
9750 1372 1819 2009 2240 2464 2681
9800 1376 1823 2013 2244 2469 2686
9850 1379 1827 2017 2249 2474 2692
9900 1383 1832 2021 2253 2479 2697
9950 1386 1836 2025 2258 2484 2702
10000 1390 1840 2029 2263 2489 2708
10050 1393 1844 2033 2267 2494 2713
10100 1397 1848 2037 2272 2499 2719
10150 1400 1852 2042 2276 2504 2724
10200 1404 1856 2046 2281 2509 2730
10250 1407 1860 2050 2285 2514 2735
10300 1411 1865 2054 2290 2519 2741
10350 1414 1869 2058 2295 2524 2746
10400 1418 1873 2062 2299 2529 2752
10450 1421 1877 2066 2304 2534 2757
10500 1425 1881 2070 2308 2539 2763
10550 1428 1885 2074 2313 2544 2768
10600 1432 1889 2078 2317 2549 2774
10650 1435 1894 2083 2322 2554 2779
10700 1439 1898 2087 2327 2559 2784
10750 1442 1902 2091 2331 2564 2790
10800 1446 1906 2095 2336 2569 2795
10850 1449 1910 2099 2340 2574 2801
10900 1453 1914 2103 2345 2579 2806
10950 1456 1918 2107 2349 2584 2812
11000 1460 1922 2111 2354 2589 2817
11050 1464 1927 2115 2359 2594 2823
11100 1467 1931 2119 2363 2599 2828
11150 1471 1935 2124 2368 2604 2834
11200 1474 1939 2128 2372 2610 2839
11250 1478 1943 2132 2377 2615 2845
11300 1481 1947 2136 2381 2620 2850
11350 1485 1951 2140 2386 2625 2856
11400 1488 1956 2144 2391 2630 2861
11450 1492 1960 2148 2395 2635 2866
11500 1495 1964 2152 2400 2640 2872
11550 1499 1968 2156 2404 2645 2877
11600 1502 1972 2160 2409 2650 2883
11650 1506 1976 2164 2413 2655 2888
11700 1509 1980 2169 2418 2660 2894
11750 1513 1984 2173 2423 2665 2899
11800 1516 1989 2177 2427 2670 2905
11850 1520 1993 2181 2432 2675 2910
11900 1523 1997 2185 2436 2680 2916
11950 1527 2001 2189 2441 2685 2921
12000 1530 2005 2193 2445 2690 2927
12050 1534 2009 2197 2450 2695 2932
12100 1537 2013 2201 2455 2700 2938
12150 1541 2018 2205 2459 2705 2943
12200 1544 2022 2210 2464 2710 2948
12250 1548 2026 2214 2468 2715 2954
12300 1551 2030 2218 2473 2720 2959
12350 1555 2034 2222 2477 2725 2965
12400 1558 2038 2226 2482 2730 2970
12450 1562 2042 2230 2486 2735 2976
12500 1565 2046 2234 2491 2740 2981
12550 1569 2051 2238 2496 2745 2987
12600 1572 2055 2242 2500 2750 2992
12650 1576 2059 2246 2505 2755 2998
12700 1579 2063 2251 2509 2760 3003
12750 1583 2067 2255 2514 2765 3009
12800 1586 2071 2259 2518 2770 3014
12850 1590 2075 2263 2523 2775 3020
12900 1593 2080 2267 2528 2780 3025
12950 1597 2084 2271 2532 2785 3030
13000 1600 2088 2275 2537 2790 3036
13050 1604 2092 2279 2541 2795 3041
13100 1607 2096 2283 2546 2800 3047
13150 1611 2100 2287 2550 2805 3052
13200 1614 2104 2291 2555 2811 3058
13250 1618 2108 2296 2560 2816 3063
13300 1622 2113 2300 2564 2821 3069
13350 1625 2117 2304 2569 2826 3074
13400 1629 2121 2308 2573 2831 3080
13450 1632 2125 2312 2578 2836 3085
13500 1636 2129 2316 2582 2841 3091
13550 1639 2133 2320 2587 2846 3096
13600 1643 2137 2324 2592 2851 3102
13650 1646 2142 2328 2596 2856 3107
13700 1650 2146 2332 2601 2861 3113
13750 1653 2150 2337 2605 2866 3118
13800 1657 2154 2341 2610 2871 3123
13850 1660 2158 2345 2614 2876 3129
13900 1664 2162 2349 2619 2881 3134
13950 1667 2166 2353 2624 2886 3140
14000 1671 2170 2357 2628 2891 3145
14050 1674 2175 2361 2633 2896 3151
14100 1678 2179 2365 2637 2901 3156
14150 1681 2183 2369 2642 2906 3162
14200 1685 2187 2373 2646 2911 3167
14250 1688 2191 2378 2651 2916 3173
14300 1692 2195 2382 2656 2921 3178
14350 1695 2199 2386 2660 2926 3184
14400 1699 2203 2390 2665 2931 3189
14450 1702 2208 2394 2669 2936 3195
14500 1706 2212 2398 2674 2941 3200
14550 1709 2216 2402 2678 2946 3205
14600 1713 2220 2406 2683 2951 3211
14650 1716 2224 2410 2687 2956 3216
14700 1720 2228 2414 2692 2961 3222
14750 1723 2232 2418 2697 2966 3227
14800 1727 2237 2423 2701 2971 3233
14850 1730 2241 2427 2706 2976 3238
14900 1734 2245 2431 2710 2981 3244
14950 1737 2249 2435 2715 2986 3249
15000 1741 2253 2439 2719 2991 3255
15050 1806 2319 2493 2780 3058 3327
15100 1811 2325 2498 2785 3064 3334
15150 1816 2330 2503 2791 3071 3341
15200 1821 2336 2509 2797 3077 3348
15250 1826 2342 2514 2803 3084 3355
15300 1831 2347 2519 2809 3090 3362
15350 1836 2353 2525 2815 3097 3369
15400 1841 2359 2530 2821 3103 3376
15450 1846 2364 2535 2827 3110 3383
15500 1851 2370 2541 2833 3116 3390
15550 1856 2375 2546 2839 3123 3397
15600 1861 2381 2551 2845 3129 3404
15650 1866 2387 2557 2851 3136 3411
15700 1871 2392 2562 2856 3142 3419
15750 1876 2398 2567 2862 3149 3426
15800 1881 2404 2572 2868 3155 3433
15850 1886 2409 2578 2874 3162 3440
15900 1891 2415 2583 2880 3168 3447
15950 1896 2420 2588 2886 3175 3454
16000 1901 2426 2594 2892 3181 3461
16050 1906 2432 2599 2898 3188 3468
16100 1911 2437 2604 2904 3194 3475
16150 1916 2443 2610 2910 3201 3482
16200 1921 2449 2615 2916 3207 3489
16250 1926 2454 2620 2921 3214 3496
16300 1931 2460 2625 2927 3220 3503
16350 1936 2466 2631 2933 3227 3511
16400 1941 2471 2636 2939 3233 3518
16450 1946 2477 2641 2945 3240 3525
16500 1951 2482 2647 2951 3246 3532
16550 1956 2488 2652 2957 3253 3539
16600 1961 2494 2657 2963 3259 3546
16650 1966 2499 2663 2969 3266 3553
16700 1971 2505 2668 2975 3272 3560
16750 1976 2511 2673 2981 3279 3567
16800 1981 2516 2678 2986 3285 3574
16850 1986 2522 2684 2992 3292 3581
16900 1991 2527 2689 2998 3298 3588
16950 1996 2533 2694 3004 3305 3595
17000 2001 2539 2700 3010 3311 3603
17050 2006 2544 2705 3016 3318 3610
17100 2011 2550 2710 3022 3324 3617
17150 2016 2556 2716 3028 3331 3624
17200 2021 2561 2721 3034 3337 3631
17250 2026 2567 2726 3040 3344 3638
17300 2031 2572 2731 3046 3350 3645
17350 2036 2578 2737 3052 3357 3652
17400 2041 2584 2742 3057 3363 3659
17450 2046 2589 2747 3063 3370 3666
17500 2051 2595 2753 3069 3376 3673
17550 2056 2601 2758 3075 3383 3680
17600 2061 2606 2763 3081 3389 3687
17650 2066 2612 2769 3087 3396 3694
17700 2071 2618 2774 3093 3402 3702
17750 2076 2623 2779 3099 3409 3709
17800 2081 2629 2784 3105 3415 3716
17850 2086 2634 2790 3111 3422 3723
17900 2091 2640 2795 3117 3428 3730
17950 2096 2646 2800 3122 3435 3737
18000 2101 2651 2806 3128 3441 3744
18050 2106 2657 2811 3134 3448 3751
18100 2111 2663 2816 3140 3454 3758
18150 2116 2668 2822 3146 3461 3765
18200 2121 2674 2827 3152 3467 3772
18250 2126 2679 2832 3158 3474 3779
18300 2131 2685 2838 3164 3480 3786
18350 2136 2691 2843 3170 3487 3794
18400 2141 2696 2848 3176 3493 3801
18450 2146 2702 2853 3182 3500 3808
18500 2151 2708 2859 3187 3506 3815
18550 2156 2713 2864 3193 3513 3822
18600 2161 2719 2869 3199 3519 3829
18650 2166 2725 2875 3205 3526 3836
18700 2171 2730 2880 3211 3532 3843
18750 2176 2736 2885 3217 3539 3850
18800 2181 2741 2891 3223 3545 3857
18850 2186 2747 2896 3229 3552 3864
18900 2191 2753 2901 3235 3558 3871
18950 2196 2758 2906 3241 3565 3878
19000 2201 2764 2912 3247 3571 3886
19050 2206 2770 2917 3253 3578 3893
19100 2211 2775 2922 3258 3584 3900
19150 2216 2781 2928 3264 3591 3907
19200 2221 2786 2933 3270 3597 3914
19250 2226 2792 2938 3276 3604 3921
19300 2231 2798 2944 3282 3610 3928
19350 2236 2803 2949 3288 3617 3935
19400 2241 2809 2954 3294 3623 3942
19450 2246 2815 2959 3300 3630 3949
19500 2251 2820 2965 3306 3636 3956
19550 2256 2826 2970 3312 3643 3963
19600 2261 2831 2975 3318 3649 3970
19650 2266 2837 2981 3323 3656 3977
19700 2271 2843 2986 3329 3662 3985
19750 2276 2848 2991 3335 3669 3992
19800 2281 2854 2997 3341 3675 3999
19850 2286 2860 3002 3347 3682 4006
19900 2291 2865 3007 3353 3688 4013
19950 2296 2871 3012 3359 3695 4020
20000 2301 2877 3018 3365 3701 4027 ]

 

[Continued on next Web Page]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.