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; Recommendation 74 Republication

[37 Pa.B. 1120]
[Saturday, March 10, 2007]

   The Domestic Relations Procedural Rules 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.

   This recommendation has been amended since its first publication in light of comments received. It is being republished to solicit comments on the revised proposal.

   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 comments and suggestions from all interested persons prior to submission of this proposal to the Supreme Court of Pennsylvania. Please submit written comments no later than Friday, April 27, 2007 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

By the Domestic Relations
Procedural Rules Committee

NANCY P. WALLITSCH,   
Chair

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1910.  ACTIONS FOR SUPPORT

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.

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

   (1)  Neither public assistance nor Supplemental Security Income (SSI) benefits shall be counted as income for purposes of determining support.

   (2)  Social Security Derivative Benefits.

   (A)  This subdivision (A) shall only be applied if the child is receiving Social Security derivative benefits as a result of the obligor's retirement or disability. It shall not apply if the benefits are the result of the obligee's retirement or disability. If a child for whom support is sought is receiving Social Security benefits as a result of [a parent's] the obligor's retirement[, death] or disability, the benefits the child receives shall be added to the combined monthly net incomes of the obligor and the obligee to calculate the income available for support on the vertical axis of the basic child support schedule set forth in Rule 1910.16-3. The presumptive amount of support as set forth on the schedule at the combined income of the obligee, obligor and child's benefits shall then be [reduced by the amount of the child's benefits before apportioning the remaining support obligation] apportioned between the parties pursuant to Rule 1910.16-4. After such apportionment, the amount of the child's benefit then shall be deducted from the obligor's share of the basic support amount.

   (B)  If a child for whom support is sought is receiving Social Security benefits as a result of the obligee's retirement or disability, the benefits shall be added to the obligee's net monthly income and the amount of support calculated without any additional adjustment. The amount of the child's benefit will be included in the obligee's net monthly income on line 4 of the formula at Rule 1910.16-4. It shall not be added on line 6 or subtracted on line 9 or line 12 of the formula.

   (C)  For purposes of determining the support obligation of a surviving parent when the child is receiving benefits as the result of the other parent's death, the benefits the child receives shall be added to the combined monthly net incomes of the obligor and the obligee to calculate the income available for support on the vertical axis of the basic child support schedule set forth in Rule 1910.16-3. The presumptive amount of support as set forth on the schedule at the combined incomes of the obligee and the obligor, plus the child's benefits, shall then be reduced by the amount of the child's benefits before apportioning the remaining support obligation between the parties. The income of a non-parent obligee who is caring for a child but has no support obligation to that child shall include only those funds the obligee is receiving on behalf of the child.

   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 per month. [From that amount, subtract the amount the child is receiving in Social Security derivative benefits ($568 minus $300 equals $268). Then, apply] Apply the formula at Rule 1910.16-4 to apportion the [remaining] basic child support amount of [$268] $568 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, under the formula, the obligor's support obligation would be 60% of [$268] $568, or [$161] $341, per month. From that amount, subtract the amount the child is receiving in Social Security derivative benefits ($341 - $300 = $41). The obligor's basic support obligation is $41.

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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
1.	Total Gross Income Per Pay Period	______	______
2.	Less Deductions	( ______ )	( ______ )
3.	Net Income	______	______
4.	Conversion to Monthly Amount (if pay period is other than monthly)	______	______
5.	Combined Total Monthly Net Income	______
6.	Plus Child's Monthly Social Security, Death Benefit, or Retirement or Disability Derivative Benefit, if [any] applicable. (See Rule 1910.16-2(b)(2))	+                        ______
7.	Adjusted Combined Monthly Net Income	______
8.	PRELIMINARY BASIC CHILD SUPPORT OBLIGATION (determined from schedule at Rule 1910.16-3 based on number of children and line 7 adjusted combined monthly net income)	______
9.	Less Child's Monthly Social Security Derivative Death Benefit, if any.	( ______ )
10.	BASIC CHILD SUPPORT OBLIGATION	______
11.	Net Income Expressed as a Percentage Share of Income (divide line 4 by line 5 and multiply by 100)	______%	______%
12.	a.  Each Parent's Preliminary Monthly Share of the Basic Child Support Obligation (multiply line 10 and 11)	______	______
	b.  Subtract Child's Social Security Derivative Disability or Retirement Benefit, if Created by the Obligor's Disability or Retirement, from the Obligation of the Obligor	______
	c.  Each Parent's Monthly Share of the Basic Child Support Obligation	______	______
PART II.  SUBSTANTIAL or SHARED PHYSICAL CUSTODY ADJUSTMENT, IF APPLICABLE (See subdivision (c) of this rule)
13.	a.  Percentage of Time [Spent] Obligor Spends with Children (divide number of overnights with obligor by 365 and multiply by 100)	______%
	b.  Subtract 30%	(          30         %) ______
	c.  Obligor's Adjusted Percentage Share of the Basic Monthly Support Obligation (subtract result of calculation in line 13b from line 11)	______%
	d.  Obligor's Preliminary Adjusted Share of the Basic Monthly Support Obligation (multiply line 13c and line 10)	______
	e.  Further adjustment, if necessary under Rule 1910.16-2(b)(2)(disability or retirement derivative benefits) and/or subdivision (c)(2) of this rule	______
	f.  Obligor's Adjusted Share of the Basic Child Support Amount.	______
PART III.  ADDITIONAL EXPENSES (See Rule 1910.16-6)
14.	a.  Obligor's Share of Child Care Expenses	______
	b.  Obligor's Share of Health Insurance Premium (if the obligee is paying the premium)	______
	c.  Less Obligee's Share of the Health Insurance Premium (if the obligor is paying the premium)	( ______ )
	d.  Obligor's Share of Unreimbursed Medical Expenses	______
	e.  Other Additional Expenses, Unusual Needs or Unusual Fixed Obligations (See Rule 1910.16-5(b)(1))	______
	f.  Total Additional Expenses	______
15.	OBLIGOR'S TOTAL MONTHLY SUPPORT OBLIGATION (add line 12c (or 13[d or e] f) (if applicable) and line 14f)	______
PART IV.  SPOUSAL SUPPORT OR APL With Dependent Children
16.	Obligor's Monthly Net Income (line 4)	______
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))	( ______ )
18.	Less Obligee's Monthly Net Income (line 4)	( ______ )
19.	Difference	______
20.	Less Obligor's Total Monthly Child Support Obligation Without Part II Substantial or Shared Custody Adjustment (Obligor's line 12c plus line 14f)	( ______ )
21.	Difference	______
22.	Multiply by 30%	x                  .30 ______
23.	AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL	______
Without Dependent Children
24.	Obligor's Monthly Net Income (line 4)	______
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 1910.16-2(c)(2))	( ______ )
26.	Less Obligee's Monthly Net Income (line 4)	( ______ )
27.	Difference	______
28.	Multiply by 40%	x                  .40 ______
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	______

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[Pa.B. Doc. No. 07-385. Filed for public inspection March 9, 2007, 9:00 a.m.]

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