THE COURTS
Title 231--RULES OF CIVIL PROCEDURE
PART I. GENERAL
[231 PA. CODE CH. 1910]
Amendments to the Rules of Civil Procedure Relating to Domestic Relations Matters; No. 374 Civil Procedural Rules; Doc. No. 5
[32 Pa.B. 5044]
Order Per Curiam:
And Now, this 24th day of September, 2002, Rules 1910.16-4 and 1910.28 of the Pennsylvania Rules of Civil Procedure are amended as follows.
This order shall be processed in accordance with Pa. R.J.A. 103(b) and shall be effective immediately.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 1910. ACTIONS 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 I. BASIC CHILD SUPPORT
OBLIGOR
OBLIGEE
* * * * * 6. Plus Child's Monthly Social Security
Retirement or Disability Derivative Benefit, if
any. (See Rule 1910.16-2(b)(2))______ ______ 7. Adjusted Combined Monthly Net Income ______ [6] 8. PRELIMINARY BASIC CHILD SUPPORT
OBLIGATION (determined from Schedule at
Rule 1910.16-3 based on number of children
and line [5] 7 adjusted combined monthly
net income)______ ______ 9. Less Child's Monthly Social Security
Retirement or Disability Derivative
Benefit______ ______ 10. BASIC CHILD SUPPORT OBLIGATION ______ ______ [7] 11. Net Income Expressed as a Percentage
Share of Income (Divide line 4 by line 5
and multiply by 100)______% ______% [8] 12. Each Parent's Monthly Share of the Basic
Child Support Obligation (Multiply line
[6] 10 and [7] 11)
____________ PART II. SUBSTANTIAL OR SHARED PHYSICAL CUSTODY ADJUSTMENT, IF APPLICABLE (See subdivision (c) of this Rule) [9] 13. a. Percentage of Time Spent with Children
(Divide number of overnights with obligor
by 365 and multiply by 100)______%
b. Subtract 30% ______%
c. Obligor's Adjusted Percentage Share of
the Basic Monthly Support Obligation
(Subtract line [9] 13b from line [7] 11)
______%
d. Obligor's Adjusted Share of the Basic
Monthly Support Obligation (Multiply line
[9] 13c and line [6] 10)______ * * * * * PART III. ADDITIONAL EXPENSES (See Rule 1910.16-6) [10] 14. a. Obligor's share of child care expenses ______ * * * * * [11] 15. OBLIGOR'S TOTAL MONTHLY
SUPPORT OBLIGATION (Add line [8] 12
(or [9] 13(d) or (e) if applicable) and line
[10] 14f)______ PART IV. SPOUSAL SUPPORT OR APL
With Dependent Children[12] 16. Obligor's Monthly Net Income (line 4) ______ [13] 17. 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] 18. Less Obligee's Monthly Net Income (line 4) (______) [15] 19. Difference ______ [16] 20. Less Obligor's Total Child Support Obligation
(line [11] 15)(______) [17] 21. Difference ______ [18] 22. Multiply by 30% x .30
[19] 23. AMOUNT OF MONTHLY SPOUSAL
SUPPORT OR APL______
Without Dependent Children [20] 24. Obligor's Monthly Net Income (line 4) ______
[21] 25. 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(c)(2))(______)
[22] 26. Less Obligee's Monthly Net Income (line 4) (______) [23] 27. Difference ______ [24] 28. Multiply by 40% x .40
[25] 29. PRELIMINARY AMOUNT OF MONTHLY
SPOUSAL SUPPORT OR APL______
30. Adjustments for other expenses (See Rule 1910.16-6) ______
31. TOTAL AMOUNT OF MONTHLY
SPOUSAL SUPPORT OR APL______
Explanatory Comment 2002 The amendments to this rule add lines in the formula to facilitate calculation of child support pursuant to Rule 1910.16-2 (b)(2) when the child is receiving Social Security derivative benefits due to a parent's retirement or disability. A new line also was added to include additional expenses authorized by Rule 1910.16-6 in cases involving spouses only.
Rule 1910.28. Order for Earnings and Health Insurance Information. Form of Earnings Report. Form of Health Insurance Coverage Information.
(a) The order for earnings and health insurance information shall be in substantially the following form:
(Caption)
ORDER FOR EARNINGS REPORT, HEALTH INSURANCE INFORMATION AND
SUBPOENATO: _________________
TO: _________________
TO: _________________
AND NOW, this ______ day of ______, [19] 20__, since it appears that ______ (Name of employee) is employed by you, and it is necessary that the Court obtain earnings and health insurance information relating to the above-named individual in order to adjudicate a matter of support, IT IS HEREBY ORDERED AND DECREED that you supply the Court with the information required by the enclosed Earnings Report and Health Insurance Coverage Report and file them with the Court [on or before ______, 19__] within fifteen (15) days of the date of this order.
If you fail to supply the information required by this Order, a subpoena will issue requiring you to attend Court and bring the material with you, or other appropriate sanctions will be imposed by the Court.
BY THE COURT:
______
J.* * * * * (c) The form which the employer uses to report health insurance information shall be substantially as follows:
Note The information requested in the following report may be provided by an employer on its own form, for example, as a computer printout.
(Caption)
HEALTH INSURANCE COVERAGE REPORT This information must be completed and returned within [10] 15 days. Failure to comply may result in issuance of a subpoena or other appropriate sanctions.
* * * * *
[Pa.B. Doc. No. 02-1771. Filed for public inspection October 11, 2002, 9:00 a.m.]
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