THE COURTS
Title 231—RULES OF
CIVIL PROCEDURE
PART I. GENERAL
[ 231 PA. CODE CH. 1910 ]
Proposed Amendment of Pa.R.C.P. No. 1910.16-1
[46 Pa.B. 6106]
[Saturday, October 1, 2016]The Domestic Relations Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania an amendment of Pa.R.C.P. No. 1910.16-1 governing calculation of support in cases of third parties seeking support for the reasons set forth in the accompanying publication report. Pursuant to Pa.R.J.A. No 103(a)(1), the proposal is being published in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.
Any reports, notes, or comments in the proposal have been inserted by the Committee for the convenience of those using the rules. They neither will constitute a part of the rules nor will be officially adopted by the Supreme Court.
Additions to the text of the proposal are bolded; deletions to the text are bolded and bracketed.
The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:
Bruce J. Ferguson, Counsel
Domestic Relations Procedural Rules Committee
Supreme Court of Pennsylvania
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
Fax: 717-231-9531
domesticrules@pacourts.usAll communications in reference to the proposal should be received by February 24, 2017. E-mail is the preferred method for submitting comments, suggestions, or objections; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.
By the Domestic Relations
Procedural Rules CommitteeDAVID J. SLESNICK, Esq.,
Chair
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 1910. ACTIONS FOR SUPPORT Rule 1910.16-1. Amount of Support. Support Guidelines.
(a) Applicability of the Support Guidelines.
(1) Except as [set forth in subdivision (2) below] provided in subdivisions (2) and (3), the support guidelines [set forth] determine the amount of support which a spouse or parent should pay based on the [basis of both] parties' combined net monthly incomes as defined in [Rule] Pa.R.C.P. No. 1910.16-2 and the number of persons being supported.
(2) If a person caring for or having custody of a minor child, who does not have a duty of support to the minor child, initiates a child support action as provided in Pa.R.C.P. No. 1910.3:
(i) the complaint shall identify the parent(s) as defendant(s).
(ii) in determining the basic child support amount, the monthly net income for the individual initiating the action shall be not be considered in the support calculation by the trier of fact.
(iii) the parents' monthly net incomes shall be combined and apportioned based on their respective net incomes consistent with Pa.R.C.P. No. 1910.16-4, and each parent shall pay the obligee their proportionate share of the Basic Child Support Schedule amount as a separate obligor.
(iv) as with other support actions, the trier of fact may make adjustments or deviations consistent with the support guidelines based on the evidence presented by the parties.
Example 1. The parties have one child, who is in the custody of the maternal grandmother. Mother's monthly net income is $3,000 and Father's monthly net income is $2,000 for a combined net monthly income of $5,000. For purposes of the child support calculation, maternal grandmother's income is irrelevant and not part of the calculation. The Basic Child Support Obligation for one child and a combined net monthly income of $5,000 is $960 per month. Mother's percentage share of the combined monthly net income is 60% ($3,000/$5,000) and Father's percentage share of the combined monthly net income is 40% ($2,000/$5,000). Mother's preliminary monthly share of the child support obligation is $576 ($960 × 60%) and Father's preliminary monthly share of the child support obligation is $384 ($960 × 40%). Maternal grandmother is the obligee with Mother and Father as separate obligors owing $576 and $384 respectively to the maternal grandmother.
[(2)] (3) In actions in which the plaintiff is a public body or private agency pursuant to [Rule] Pa.R.C.P. No. 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] Pa.R.C.P. No. 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] 2. 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 $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] in Pa.R.C.P. No. 1910.16-3, the basic child support amount for the two children with Mother is $1,369. As Father's income is 60% of the parties' combined monthly net income, his basic support obligation to Mother is $821 per month. The guidelines assume that Mother will provide $548 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 $2,179 for purposes of this calculation ($3,000 net less $821 in support for the children with Mother). [Because] As 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 $2,179 income level, or $520 per month. Mother/obligor's income will be $1,452 for purposes of this calculation ($2,000 [net] less $548 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 $348 per month.
Example [2] 3. 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] in Example 2, 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 $848 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 $685 for the children in placement (100% of the schedule amount for two children at the $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] 4. Mother and Father have four children, two of whom are in placement. Mother's net monthly income is $4,000 and Father's is $3,000. The basic support amount for the two children in the home is $1,628, according to the schedule [at Rule] in Pa.R.C.P. No. 1910.16-3. As Mother's income is 57% of the parties' combined net monthly incomes, her share would be $928, and Father's 43% share would be $700. Mother's income for purposes of calculating support for the two children in placement would be $3,072 ($4,000 less $928). She would pay 100% of the basic child support at that income level, or $1,032, for the children in placement. Father's income would be $2,300 ($3,000 less $700) and his obligation to the children in placement would be $782.
(iii) In the event that the combined amount the parents are required to pay exceeds the cost of placement, the trier of fact shall deviate the support amount downward to reduce each parent's obligation in proportion to his or her share of the combined obligation.
[(3)] (4) The support of a spouse or child is a priority obligation so that a party is expected to meet this obligation by adjusting his or her other expenditures.
* * * * *
PUBLICATION REPORT
Recommendation 159The Committee is proposing the amendment to Pa.R.C.P. No. 1910.16-1, Amount of Support. Support Guidelines, as the rule relates to the procedure for calculating support when an individual third party, i.e., not a public body or private agency, is seeking child support from the child's parent(s).
Pursuant to Pa.R.C.P. No. 1910.3(a), a person having custody of a child or caring for a child may initiate a support action against the child's parent(s). The current rule addresses the issue when a public body or private agency has custody, but is silent with regard to an individual third party, e.g., grandparent. Without specific guidance by the rules, domestic relations sections use various methodologies in awarding support.
To bring uniformity to the practice, the Committee proposes amending Pa.R.C.P. No. 1910.16-1 by adding a new subdivision (a)(2) and renumbering the current (a)(2) regarding calculating support for a public body or private agency to (a)(3). In addition, an example illustrating the new (a)(2) calculation is proposed, as well.
The proposed (a)(2) excludes the income of the third party, as that person does not have a duty of support to the child, but uses the combined monthly net income of the parents to determine the basic child support amount, which is then apportioned between the parents consistent with their respective percent of the combined monthly net income in much the same manner as a parent vs. parent support action. However, each parent would be an obligor and pay the obligee their proportionate share under a separate support order.
The proposed amendment correlates to subdivision (a)(1) with the exception that the third party's income is not part of the calculation. Unlike a public body or private agency, an individual third party may incur additional expenses, such as child care and unreimbursed medical expenses, which would also be apportioned accordingly to the parents. As such, the Committee opted not to use the method of calculating support owed a public body or private agency, which treats these types of actions as two separate actions, one against each parent as separate obligors.
[Pa.B. Doc. No. 16-1668. Filed for public inspection September 30, 2016, 9:00 a.m.]
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