THE COURTS
PART I. GENERAL
[ 231 PA. CODE CH. 1910 ]
Amendments to Rules 1910.11, 1910.16-1, 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; Recommendation No. 91; Support Guidelines Review
[38 Pa.B. 6693]
[Saturday, December 13, 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.
Recommendation 91 was first published for public comment in the summer of 2008. The Committee carefully reviewed all of the comments submitted and has amended parts of the earlier proposal in light of the comments.
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, February 13, 2009 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 parties 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] only one state that relies upon the CNPP estimates as a basis for its child support schedule, and even that state makes certain adjustments.
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. Next, the amounts of basic child support were adjusted to incorporate into the schedule the assumption 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 also 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 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 and Foster Care Payments.
* * * * * (3) If either party to a support action is a foster parent and/or is receiving payments from a public or private agency for the care of a child who is not their biological or adoptive child, those payments shall not be included in the income of the foster parent or other caretaker for purposes of calculating child support for the foster parent's or other caretaker's biological or adoptive 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] $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 or maintain 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, working conditions and whether a party has exerted substantial good faith efforts to find employment.
(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 child support shall be pursuant to 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 and foster care payments.
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
INCOMEONE
CHILDTWO
CHILDRENTHREE
CHILDRENFOUR
CHILDRENFIVE
CHILDRENSIX
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
[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.
