THE COURTS
PART I. GENERAL
[231 PA. CODE CHS. 1910 AND 1915]
Amendments to the Rules Relating to Domestic Relations Matters; Recommendation 56
[30 Pa.B. 6544] The Domestic Relations Procedural Rules Committee proposes the following amendments to Rules of Civil Procedure 1910.3, 1910.6, 1910.13-2, 1910.16-2, 1910.16- 4, 1910.16-6 and 1915.3. The Committee solicits comments and suggestions from all interested persons prior to submission of these proposed amendments to the Supreme Court of Pennsylvania.
Written comments relating to the proposed rules must be received no later than Thursday, March 1, 2001 and must be directed to:
Patricia A. Miles, Esquire
Council, Domestic Relations Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
FAX (717) 795-2116
E-mail patricia.miles@supreme.court.state.pa.usThe notes and explanatory comments which appear in connection with the proposed amendments have been inserted by the Committee for the convenience of those using the rules. They will not constitute part of the rules and will not be officially adopted or promulgated by the Supreme Court.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 1910. ACTIONS FOR SUPPORT Rule 1910.3 Parties.
An action shall be brought
(a) by a person, including a minor parent or a minor spouse, to whom a duty of support is owing, or
* * * * * Rule 1910.6 Notification.
(a) Parties to a support action and their attorneys shall be provided notice of all proceedings in which support obligations might be established or modified. Notice must be provided at least 20 days prior to the proceeding. The parties and their attorneys shall also be provided with a copy of any order issued in the support action within 14 days after issuance of the order. If there is no activity in a support action for a period of two years, the domestic relations section shall send a notice to each of the parties' attorneys advising each attorney that his or her appearance in the support action shall be deemed to be withdrawn unless the attorney objects within thirty (30) days of the date the notice is mailed to the attorney. An attorney representing a party in a support action shall not be deemed to be representing that party in any other action, nor shall a withdrawal of appearance in a support action be deemed to be a withdrawal of appearance for the party in any other proceeding.
* * * * * Rule 1910.13-2. Form of Request for Bench Warrant and Supporting Affidavit. Form of Bench Warrant.
* * * * * Official Note: Standards for setting bail are set forth in Rule of Criminal Procedure [4004] 525.
* * * * * Rule 1910.16-2. Support Guidelines. Calculation of Net Income.
* * * * * (f) Dependency Tax Exemption. In order to maximize the total income available to the parties and children, the court may, as justice and fairness require, award the federal child dependency tax exemption to the non-custodial parent, or to either parent in cases of equally shared custody, and order the other party to execute the waiver required by the Internal Revenue Code, 26 U.S.C.A. § 152(e). The tax consequences resulting from an award of the child dependency exemption must be considered in calculating each party's income available for support.
Rule 1910.16-4. Support Guidelines. Calculation of Support Obligation, Formula.
(a) The following formula shall be used to calculate the obligor's share of the basic guideline child support, spousal support and/or alimony pendente lite obligation:
* * * * * PART IV. SPOUSAL SUPPORT OR APL
With Dependent Children
12. Obligor's Monthly Net Income (line 4) 13. Less Obligor's support, alimony pendente lite or alimony obligations, if any, to children or former spouses who are not part of this action (See Rule 1910.16-2(c)(2)) ( )
14. Less Obligee's Monthly Net Income (Line 4) ( ) 15. Difference 16. Less Obligor's Total Child Support Obligation (line 11)
( ) 17. Difference 18. Multiply by 30% x .30 19. AMOUNT OF MONTHLY SPOUSAL
SUPPORT OR APLWithout Dependent Children
20. Obligor's Monthly Net Income (line 4) 21. Less Obligor's support, alimony pendente lite or alimony obligations, if any, to children or former spouses who are not part of this action (See Rule 1910.16-2(c)(2)) ( ) 22. Less Obligee's Monthly Net Income (Line 4) ( ) 23. Difference 24. Multiply by 40% x .40 25. AMOUNT OF MONTHLY SPOUSAL
SUPPORT OR APL* * * * * Rule 1910.16-6. Support Guidelines. Adjustments to the Basic Support Obligation
* * * * * (c) Unreimbursed Medical Expenses. Unreimbursed medical expenses of the obligee or the children shall be allocated between the parties in proportion to their respective net incomes and obligor's share added to his or her basic support obligation.
* * * * * (4) For purposes of calculating annual expenses pursuant to this subdivision (c), the year begins on the effective date of the support order.
* * * * *
CHAPTER 1915. ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN Rule 1915.3. Commencement of Action. Complaint. Order.
* * * * * (d) If the mother of the child is not married and the child has no legal or presumptive father, then a putative father initiating an action for custody, partial custody or visitation must file an acknowledgment or claim of paternity pursuant to 23 Pa.C.S. § 5103 and attach a copy to the complaint in the custody action.
* * * * *
[Explanatory Comment--1994 A system of office conferences or pretrial conferences is not required by these rules. Business of the Court Rule 212 governing pretrial conferences is sufficient to permit a local court to require the holding of a conference when it is practical and feasible.]
[Pa.B. Doc. No. 00-2206. Filed for public inspection December 22, 2000, 9:00 a.m.]
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