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 123
[42 Pa.B. 7404]
[Saturday, December 8, 2012]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.
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 and welcomes 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, February 1, 2013 directed to:
Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 6200
P. O. Box 62635
Harrisburg, PA 17106-2635
Fax: 717 231-9531
E-mail: domesticrules@pacourts.usDeleted material is bold and [bracketed]. New material is bold.
By the Domestic Relations
Procedural Rules CommitteeCAROL S. MILLS McCARTHY,
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.
* * * * * (b) Treatment of Public Assistance, SSI Benefits, Social Security Payments to a Child Due to a Parent's Death, Disability or Retirement and Foster Care Payments.
* * * * * (2) [Social Security Payments for a Child. If a child for whom support is sought is receiving Social Security benefits as a result of a parent'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 between the parties pursuant to Rule 1910.16-4. This calculation presumes that the primary custodial parent, or the shared custodial parent who is the obligee, is receiving the child's benefits. In cases in which the obligor is receiving the child's benefits, the amount of the child's benefit shall be added to the obligor's income and support shall be calculated as in any other case without deduction of the amount of the benefit from the presumptive amount of support set forth in the basic support schedule. 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 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.]
Social Security Derivative Benefits for a Child.
(A) This subdivision (A) shall be applied if a child for whom support is sought is receiving Social Security derivative benefits as a result of either parent's retirement or disability. If a child for whom support is sought is receiving Social Security benefits as a result of a parent's retirement or disability, the amount of the benefit shall be added to the income of the party receiving the benefit on behalf of the child for calculation of child support. After apportioning the amount of basic child support set forth in the schedule in Rule 1910.16-3 between the parties based upon each party's percentage share of their combined net monthly income, including the child's benefit in the income of the party receiving it, the amount of the child's benefit shall be deducted from the basic support obligation of the party whose retirement or disability created the child's benefit.
(B) This subdivision (B) shall be applied when determining the support obligation of a surviving parent when the child for whom support is sought is receiving Social Security derivative benefits as a result of the other parent's death. 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, including the Social Security derivative benefits if they are being paid to the obligee. If the benefits are being paid to the surviving parent, the amount of the benefit shall be added to that parent's income for calculating child support.
(3) Foster Care Payments. 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 his or her 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 $551 per month. From that amount, subtract the amount the child is receiving in Social Security derivative benefits ($551 minus $300 equals $251). Then, apply the formula at Rule 1910.16-4 to apportion the remaining child support amount of $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 $251, or $151, per month.]
Example 1. The obligor has net monthly income of $2,000. The obligee's net monthly income is $1,500 and the obligee, as primary custodial parent of the party's two children, receives $400 per month in Social Security derivative benefits on behalf of the children as a result of the obligor's disability. Add the children's benefit to the obligee's income, which now is $1,900 per month. At the parties' combined net monthly income of $3,900, the amount of basic child support for two children is $1,214. As the obligor's income is 51% of the parties' combined monthly net income, the obligor's preliminary share of the basic support obligation is $619. However, because the obligor's disability created the children's Social Security derivative benefits, the obligor's obligation is reduced by the amount of the benefit, $400. Thus, the obligor's obligation is $219 per month. If it were the obligee's disability that created the benefit, the obligor's obligation would remain $619.
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] $900, the amount she receives on behalf of the children in Social Security derivative benefits and income from the trust. (If Mother were receiving the benefit on behalf of the children it would be added to her income such that Mother's income would be $1,900 and Grandmother's would be $500.) Therefore, the obligee's and the obligor's combined net monthly incomes total [$2,000] $2400. [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 $831. [Subtracting from that amount the $400 in Social Security derivative benefits Grandmother receives for the children, results in a basic support amount of $431.] As Mother's income of $1,500 is [75%] 63% of the parties' combined income of [$2,000] $2,400, her support obligation to Grandmother is [$323] $524 per month. If Grandmother were not receiving the child's derivative benefits or income from the trust, her income for purposes of calculating Mother's child support obligation would be zero and Mother would pay 100% of the basic support amount because Grandmother has no support obligation to the children.
* * * * * 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 basic child support, either from the schedule in Rule 1910.16-3 or the formula in Rule 1910.16-3.1(a), as well as spousal support and alimony pendente lite obligations. In high income cases, Part IV shall be used as a preliminary analysis in the calculation of spousal support or alimony pendente lite obligations:
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) Include in the obligor's income the child's monthly Social Security retirement or disability benefit
if the obligor is receiving the child's benefit [(See Rule 1910.16-2(b)(2))] Include amount of child's monthly Social Security derivative benefit, if any, in the income of the party receiving it pursuant to Rule 1910.16-2(b)(2)(A) or (B).______ ______ 5. Combined Total Monthly Net Income ______ 6. [Plus Child's Monthly Social Security, Death, Retirement or Disability Derivative Benefit, if any.
Do not add child's benefit if included in the obligor's income in line 4. (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 Benefit
(Do not deduct the child's benefit if the obligor is receiving the child's benefit.)( )] [10.] BASIC CHILD SUPPORT OBLIGATION
(determined from schedule at Rule 1910.16-3 based on number of children and line 5 combined monthly net income)______ [11.] 7. Net Income Expressed as a Percentage Share of Income (divide line 4 by line 5 and multiply by 100) % % [12.] 8. Each [Parent's] Party's Preliminary Monthly Share of the Basic Child Support Obligation (multiply line [10 and 11] 6 and 7) ______ ______ 9. Subtract Child's Social Security Derivative Disability or Retirement Benefit from the Monthly Share of Basic Child Support of the Party whose Retirement or Disability Created the Child's Benefits ______ ______ 10. Each Party's Adjusted Monthly Share of the Basic Child Support Obligation (Not less than 0) ______ ______ PART II. SUBSTANTIAL or SHARED PHYSICAL CUSTODY ADJUSTMENT, IF APPLICABLE
(See subdivision (c) of this rule)[13.] 11. a. Percentage of Time [Spent] Obligor Spends 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 13b from line 11] result of calculation in line 11b from line 7) % d. Obligor's Preliminary Adjusted Share of the Basic Monthly Support Obligation (multiply line [13c and line 10] 11c and line 6) ______ e. Further adjustment, if necessary under 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.] 12. 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 ______ f. Total Additional Expenses ______ [15.] 13. OBLIGOR'S TOTAL MONTHLY SUPPORT OBLIGATION (add line [12 or 13(d or e) (if applicable) and line 14f] 10 or 11f, if applicable, and line 12f) ______ PART IV. SPOUSAL SUPPORT OR APL
With Dependent Children
[16.] 14. Obligor's Monthly Net Income (line 4) ______ [17.] 15. 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.] 16. Less Obligee's Monthly Net Income (line 4) ( ) [19.] 17. Difference ______ [20.] 18. Less Obligor's Total Monthly Child Support Obligation Without Part II Substantial or Shared Custody Adjustment (Obligor's line [12 plus line 14f] 10 plus line 12f) ( ) [21.] 19. Difference ______ [22.] 20. Multiply by 30% x .30 [23.] 21. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL ______ Without Dependent Children [24.] 22. Obligor's Monthly Net Income (line 4) ______ [25.] 23. 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.] 24. Less Obligee's Monthly Net Income ([Line] line 4) ( ) [27.] 25. Difference ______ [28.] 26. Multiply by 40% x .40 [29.] 27. PRELIMINARY AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL ______ [30.] 28. Adjustments for Other Expenses (see Rule 1910.16-6) ______ [31.] 29. TOTAL AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL ______ * * * * *
[Pa.B. Doc. No. 12-2381. Filed for public inspection December 7, 2012, 9:00 a.m.]
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