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PA Bulletin, Doc. No. 11-1546

THE COURTS

PART I. GENERAL

[ 231 PA. CODE CH. 1910 ]

Amendment of Rules 1910.16-3.1 and 1910.16-4 of the Rules of Civil Procedure; No. 551 Civil Procedural Rules Doc.

[41 Pa.B. 4851]
[Saturday, September 10, 2011]

Order

Per Curiam

 And Now, this 26th day of August, 2011, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, 40 Pa.Bull. 7028 (December 11, 2010) and West's Pennsylvania Reporter, 6 A.3d No. 4, Ct.R-27-29 (December 17, 2010):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1910.16-3.1 and 1910.16-4 of the Pennsylvania Rules of Civil Procedure are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on September 30, 2011.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1910. ACTIONS FOR SUPPORT

Rule 1910.16-3.1. Support Guidelines. High Income Cases.

 (a) Child Support Formula. When the parties' combined monthly net income is above $30,000, the following three-step process shall be applied to calculate the parties' respective child support obligations. The amount of support calculated pursuant to this three-step process shall in no event be less than the amount of support that would have been awarded if the parties' combined net monthly income were $30,000. That amount shall be a presumptive minimum.

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 (2) And second, the trier of fact shall [make] apply Part II and Part III of the formula at Rule 1910.16-4(a), making any applicable adjustments for substantial or shared custody pursuant to Rule 1910.16-4(c) and allocations of additional expenses pursuant to Rule 1910.16-6;

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Explanatory Comment—2011

 The rule has been amended to clarify that the provisions of Rule 1910.16-4(c), regarding adjustments to support when the obligor has substantial or shared custody, apply in high income cases. Previously, when high income cases were decided pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), case law held that because the time and resources each parent provided to a child were factored into the Melzer formula, the reductions for substantial or shared parenting time did not apply to cases decided pursuant to Melzer. See, e.g., Sirio v. Sirio, 951 A.2d 1188 (Pa. Super. 2008), Bulgarelli v. Bulgarelli, 934 A.2d 107 (Pa. Super. 2007). As Melzer no longer applies to calculate support in high income cases, the prohibition against reductions for substantial or shared parenting time in such cases is no longer applicable.

Rule 1910.16-4. Support Guidelines. Calculation of Support Obligation. Formula.

*  *  *  *  *

 (c) Substantial or Shared Physical Custody.

 (1) When the children spend 40% or more of their time during the year with the obligor, a rebuttable presumption arises that the obligor is entitled to a reduction in the basic support obligation to reflect this time. This rebuttable presumption also applies in high income cases decided pursuant to Rule 1910.16-3.1. Except as provided in subsections (2) and (3) below, the reduction shall be calculated pursuant to the formula set forth in Part II of subdivision (a) of this rule. For purposes of this provision, the time spent with the children shall be determined by the number of overnights they spend during the year with the obligor.

*  *  *  *  *

 (3) [This subdivision] Reductions for substantial or shared custody shall not apply when the obligor's income falls within the shaded area of the schedule in Rule 1910.16-3 or when the obligee's income is 10% or less of the parties' combined income.

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[Pa.B. Doc. No. 11-1546. Filed for public inspection September 9, 2011, 9:00 a.m.]


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