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PA Bulletin, Doc. No. 14-1485

THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1910 ]

Order Amending Rules 1910.11, 1910.12 and 1910.16-4 of the Rules of Civil Procedure; No. 601 Civil Procedural Rules Doc.

[44 Pa.B. 4476]
[Saturday, July 19, 2014]

Order

Per Curiam

 And Now, this 2nd day of July, 2014, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, 43 Pa.Bull. 7427 (December 21, 2013):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1910.11, 1910.12 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 in 30 days on August 1, 2014.

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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 (e) At the conclusion of the conference or [promptly thereafter] not later than 10 days after the conference, the conference officer shall prepare a conference summary and furnish copies to the court and to both parties. The conference summary shall state:

*  *  *  *  *

Rule 1910.12. Office Conference. Hearing. Record. Exceptions. Order.

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 (d) The hearing officer shall receive evidence, hear argument and, not later than 20 days after the close of the record, file with the court a report containing a recommendation with respect to the entry of an order of support. The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order substantially in the form set forth in Rule 1910.27(e) stating:

 (1) the amount of support calculated in accordance with the guidelines;

 (2) by and for whom it shall be paid; and

 (3) the effective date of the order.

 [A copy of the report shall be furnished to all parties at the conclusion of the hearing.]

 (e) The court, without hearing the parties, shall enter an interim order consistent with the proposed order of the hearing officer. Each party shall be provided, either in person at the time of the hearing or by mail, with a copy of the interim order and written notice that any party may, within twenty days after the date of receipt or the date of mailing of the order, whichever occurs first, file with the domestic relations section written exceptions to the report of the hearing officer and interim order.

*  *  *  *  *

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

*  *  *  *  *

 (d) Divided or Split Physical Custody. When Each Party Has Primary Custody of One or More of the Children. Varied Custodial Schedules.

 (1) Divided or Split Physical Custody. When Each Party Has Primary Custody of One or More of the Children. When calculating a child support obligation, and one or more of the children reside primarily with each party, the court shall offset the parties' respective child support obligations and award the net difference to the obligee as child support. For example, if the parties have three children, one of whom resides with Father and two of whom reside with Mother, and their net monthly incomes are $2,500 and $1,250 respectively, Father's child support obligation is calculated as follows. Using the schedule in Rule 1910.16-3 for two children at the parties' combined net monthly income of $3,750, the amount of basic child support to be apportioned between the parties is $1,200. As Father's income is 67% of the parties' combined net monthly income, Father's support obligation for the two children living with Mother is $804. Using the schedule in Rule 1910.16-3 for one child, Mother's support obligation for the child living with Father is $276. Subtracting $276 from $804 produces a net basic support amount of $528 payable to Mother as child support.

 [(A)] When calculating a combined child support and spousal or alimony pendente lite obligation, and one or more children reside with each party, the court shall[, except as set forth in subdivision (B) below,] offset the obligor's spousal and child support obligation with the obligee's child support obligation and award the net difference to the obligee as spousal and child support. [(B)] When one or more of the children resides with each party [and the obligee's net income is 10% or less of the parties' combined net monthly income,] then, in calculating the spousal support or alimony pendente lite obligation, the court shall deduct from the obligor's income both the support owed for the child or children residing with the obligee, as well as the direct support the obligor provides to the child or children living with the obligor, calculated in accordance with the guidelines as if the child or children were not living with the obligor.

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[Pa.B. Doc. No. 14-1485. Filed for public inspection July 18, 2014, 9:00 a.m.]


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