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PA Bulletin, Doc. No. 07-2057

THE COURTS

PART I.  GENERAL

[ 231 PA. CODE CHS. 1910 AND 1920 ]

Order Amending Rules 1910.11 and 1920.31; No. 485 Civil Procedural Rules; Doc. No. 5

[37 Pa.B. 5976]
[Saturday, November 10, 2007]

Order

Per Curiam:

   And Now, this 30th day of October, 2007, Rules 1910.11 and 1920.31 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 1910.11.  Office Conference. Subsequent Proceedings. Order.

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   (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.

   (1)  For cases which can be determined according to the guideline formula, the Income Statement must be completed and the Expense Statement at Rule 1910.27(c)(2)(A) should be completed if a party is claiming unusual needs and unusual fixed expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks apportionment of expenses pursuant to Rule 1910.16-6. In a support case that can be decided according to the guidelines, even if the support claim is raised in a divorce complaint, no expense form is needed unless a party claims unusual needs or unusual fixed expenses or seeks apportionment of expen- ses pursuant to Rule 1910.16-6. However, in the divorce action, the Expense Statement at Rule 1910.27(c)(2)(B) may be required.

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CHAPTER 1920.  ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

Rule 1920.31.  Joinder of Related Claims. Child and Spousal Support. Alimony. Alimony Pendente Lite. Counsel Fees. Expenses.

   (a)(1)  Within thirty days after the service of the pleading or petition containing a claim for [child or spousal support,] alimony[, alimony pendente lite] or counsel fees, costs and expenses, each party shall file a true copy of the most recent federal income tax return, pay stubs for the preceding six months, a completed Income Statement in the form required at Rule 1910.27(c)(1) and a completed Expense Statement in the form required by Rule 1910.27(c)(2)(B). If a claim for child support, spousal support or alimony pendente lite is raised in a divorce complaint, no expense form is needed in a support action that can be decided pursuant to the support guidelines unless a party claims unusual needs or unusual fixed expenses or seeks deviation pursuant to Rule 1910.16-5 or apportionment of expenses pursuant to Rule 1910.16-6.

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[Pa.B. Doc. No. 07-2057. Filed for public inspection November 9, 2007, 9:00 a.m.]


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