[38 Pa.B. 6693]
[Saturday, December 13, 2008]
[Continued from previous Web Page]
Monthly Basic Child Support Schedule COMBINED ADJUSTED NET
INCOMEONE
CHILDTWO
CHILDRENTHREE
CHILDRENFOUR
CHILDRENFIVE
CHILDRENSIX
CHILDREN17400.00 1948 2747 3149 3517 3869 4205 17450.00 1951 2752 3154 3523 3875 4212 17500.00 1954 2756 3159 3529 3882 4219 17550.00 1958 2761 3165 3535 3888 4227 17600.00 1961 2766 3170 3541 3895 4234 17650.00 1965 2771 3175 3547 3901 4241 17700.00 1968 2775 3181 3553 3908 4248 17750.00 1972 2780 3186 3559 3914 4255 17800.00 1975 2785 3191 3565 3921 4262 17850.00 1979 2790 3197 3571 3928 4269 17900.00 1982 2794 3202 3576 3934 4276 17950.00 1986 2799 3207 3582 3941 4284 18000.00 1989 2804 3213 3588 3947 4291 18050.00 1992 2809 3218 3594 3954 4298 18100.00 1996 2814 3223 3600 3960 4305 18150.00 1999 2818 3229 3606 3967 4312 18200.00 2003 2823 3234 3612 3973 4319 18250.00 2006 2828 3239 3618 3980 4326 18300.00 2010 2833 3245 3624 3987 4333 18350.00 2013 2837 3250 3630 3993 4340 18400.00 2017 2842 3255 3636 4000 4348 18450.00 2020 2847 3260 3642 4006 4355 18500.00 2023 2852 3266 3648 4013 4362 18550.00 2027 2856 3271 3654 4019 4369 18600.00 2030 2861 3276 3660 4026 4376 18650.00 2034 2866 3282 3666 4032 4383 18700.00 2037 2871 3287 3672 4039 4390 18750.00 2041 2875 3292 3678 4045 4397 18800.00 2044 2880 3298 3684 4052 4405 18850.00 2048 2885 3303 3690 4059 4412 18900.00 2051 2890 3308 3696 4065 4419 18950.00 2055 2894 3314 3702 4072 4426 19000.00 2058 2899 3319 3707 4078 4433 19050.00 2061 2904 3324 3713 4085 4440 19100.00 2065 2909 3330 3719 4091 4447 19150.00 2068 2913 3335 3725 4098 4454 19200.00 2072 2918 3340 3731 4104 4461 19250.00 2075 2923 3346 3737 4111 4469 19300.00 2079 2928 3351 3743 4118 4476 19350.00 2082 2932 3356 3749 4124 4483 19400.00 2086 2937 3362 3755 4131 4490 19450.00 2089 2942 3367 3761 4137 4497 19500.00 2092 2947 3372 3767 4144 4504 19550.00 2096 2951 3378 3773 4150 4511 19600.00 2099 2956 3383 3779 4157 4518 19650.00 2103 2961 3388 3785 4163 4526 19700.00 2106 2966 3394 3791 4170 4533 19750.00 2110 2970 3399 3797 4176 4540 19800.00 2113 2975 3404 3803 4183 4547 19850.00 2117 2980 3410 3809 4190 4554 19900.00 2120 2985 3415 3815 4196 4561 19950.00 2123 2990 3420 3821 4203 4568 20000.00 2127 2994 3426 3827 4209 4575 20050.00 2130 2999 3431 3832 4216 4583 20100.00 2134 3004 3436 3838 4222 4590 20150.00 2137 3009 3442 3844 4229 4597 20200.00 2141 3013 3447 3850 4235 4604 20250.00 2144 3018 3452 3856 4242 4611 20300.00 2148 3023 3458 3862 4248 4618 20350.00 2151 3028 3463 3868 4255 4625 20400.00 2154 3031 3467 3873 4260 4630 20450.00 2157 3035 3471 3877 4265 4636 20500.00 2160 3039 3475 3881 4269 4641 20550.00 2164 3043 3479 3886 4274 4646 20600.00 2167 3047 3482 3890 4279 4651 20650.00 2170 3051 3486 3894 4284 4656 20700.00 2173 3055 3490 3899 4288 4661 20750.00 2176 3059 3494 3903 4293 4667 20800.00 2179 3063 3498 3907 4298 4672 20850.00 2182 3066 3502 3912 4303 4677 20900.00 2186 3070 3506 3916 4307 4682 20950.00 2189 3074 3510 3920 4312 4687 21000.00 2192 3078 3513 3924 4317 4692 21050.00 2195 3082 3517 3929 4322 4698 21100.00 2198 3086 3521 3933 4326 4703 21150.00 2201 3090 3525 3937 4331 4708 21200.00 2204 3094 3529 3942 4336 4713 21250.00 2207 3097 3533 3946 4341 4718 21300.00 2211 3101 3537 3950 4345 4724 21350.00 2214 3105 3541 3955 4350 4729 21400.00 2217 3109 3544 3959 4355 4734 21450.00 2220 3113 3548 3963 4360 4739 21500.00 2223 3117 3552 3968 4364 4744 21550.00 2226 3121 3556 3972 4369 4749 21600.00 2229 3125 3560 3976 4374 4755 21650.00 2233 3129 3564 3981 4379 4760 21700.00 2236 3132 3568 3985 4384 4765 21750.00 2239 3136 3571 3989 4388 4770 21800.00 2242 3140 3575 3994 4393 4775 21850.00 2245 3144 3579 3998 4398 4780 21900.00 2248 3148 3583 4002 4403 4786 21950.00 2251 3152 3587 4007 4407 4791 22000.00 2255 3156 3591 4011 4412 4796 22050.00 2258 3160 3595 4015 4417 4801 22100.00 2261 3163 3599 4020 4422 4806 22150.00 2264 3167 3602 4024 4426 4811 22200.00 2267 3171 3606 4028 4431 4817 22250.00 2270 3175 3610 4033 4436 4822 22300.00 2273 3179 3614 4037 4441 4827 22350.00 2276 3183 3618 4041 4445 4832 22400.00 2280 3187 3622 4046 4450 4837 22450.00 2283 3191 3626 4050 4455 4842 22500.00 2286 3195 3630 4054 4460 4848 22550.00 2289 3198 3633 4059 4464 4853 22600.00 2292 3202 3637 4063 4469 4858 22650.00 2295 3206 3641 4067 4474 4863 22700.00 2298 3210 3645 4071 4479 4868 22750.00 2302 3214 3649 4076 4483 4873 22800.00 2305 3218 3653 4080 4488 4879 22850.00 2308 3222 3657 4084 4493 4884 22900.00 2311 3226 3661 4089 4498 4889 22950.00 2314 3230 3664 4093 4502 4894 23000.00 2317 3233 3668 4097 4507 4899 23050.00 2320 3237 3672 4102 4512 4904 23100.00 2323 3241 3676 4106 4517 4910 23150.00 2327 3245 3680 4110 4521 4915 23200.00 2330 3249 3684 4115 4526 4920 23250.00 2333 3253 3688 4119 4531 4925 23300.00 2336 3257 3691 4123 4536 4930 23350.00 2339 3261 3695 4128 4540 4935 23400.00 2342 3264 3699 4132 4545 4941 23450.00 2345 3268 3703 4136 4550 4946 23500.00 2349 3272 3707 4141 4555 4951 23550.00 2352 3276 3711 4145 4559 4956 23600.00 2355 3280 3715 4149 4564 4961 23650.00 2358 3284 3719 4154 4569 4967 23700.00 2361 3288 3722 4158 4574 4972 23750.00 2364 3292 3726 4162 4579 4977 23800.00 2367 3296 3730 4167 4583 4982 23850.00 2370 3299 3734 4171 4588 4987 23900.00 2374 3303 3738 4175 4593 4992 23950.00 2377 3307 3742 4180 4598 4998 24000.00 2380 3311 3746 4184 4602 5003 24050.00 2383 3315 3750 4188 4607 5008 24100.00 2386 3319 3753 4193 4612 5013 24150.00 2389 3323 3757 4197 4617 5018 24200.00 2392 3327 3761 4201 4621 5023 24250.00 2396 3330 3765 4206 4626 5029 24300.00 2399 3334 3769 4210 4631 5034 24350.00 2402 3338 3773 4214 4636 5039 24400.00 2405 3342 3777 4219 4640 5044 24450.00 2408 3346 3781 4223 4645 5049 24500.00 2411 3350 3784 4227 4650 5054 24550.00 2414 3354 3788 4231 4655 5060 24600.00 2417 3358 3792 4236 4659 5065 24650.00 2421 3362 3796 4240 4664 5070 24700.00 2424 3365 3800 4244 4669 5075 24750.00 2427 3369 3804 4249 4674 5080 24800.00 2430 3373 3808 4253 4678 5085 24850.00 2433 3377 3811 4257 4683 5091 24900.00 2436 3381 3815 4262 4688 5096 24950.00 2439 3385 3819 4266 4693 5101 25000.00 2443 3389 3823 4270 4697 5106 25050.00 2446 3393 3827 4275 4702 5111 25100.00 2449 3396 3831 4279 4707 5116 25150.00 2452 3400 3835 4283 4712 5122 25200.00 2455 3404 3839 4288 4716 5127 25250.00 2458 3408 3842 4292 4721 5132 25300.00 2461 3412 3846 4296 4726 5137 25350.00 2465 3416 3850 4301 4731 5142 25400.00 2468 3420 3854 4305 4735 5147 25450.00 2471 3424 3858 4309 4740 5153 25500.00 2474 3428 3862 4314 4745 5158 25550.00 2477 3431 3866 4318 4750 5163 25600.00 2480 3435 3870 4322 4755 5168 25650.00 2483 3439 3873 4327 4759 5173 25700.00 2486 3443 3877 4331 4764 5178 25750.00 2490 3447 3881 4335 4769 5184 25800.00 2493 3451 3885 4340 4774 5189 25850.00 2496 3455 3889 4344 4778 5194 25900.00 2499 3459 3893 4348 4783 5199 25950.00 2502 3462 3897 4353 4788 5204 26000.00 2505 3466 3901 4357 4793 5210 26050.00 2508 3470 3904 4361 4797 5215 26100.00 2512 3474 3908 4366 4802 5220 26150.00 2515 3478 3912 4370 4807 5225 26200.00 2518 3482 3916 4374 4812 5230 26250.00 2521 3486 3920 4378 4816 5235 26300.00 2524 3490 3924 4383 4821 5241 26350.00 2527 3494 3928 4387 4826 5246 26400.00 2530 3497 3931 4391 4831 5251 26450.00 2533 3501 3935 4396 4835 5256 26500.00 2537 3505 3939 4400 4840 5261 26550.00 2540 3509 3943 4404 4845 5266 26600.00 2543 3513 3947 4409 4850 5272 26650.00 2546 3517 3951 4413 4854 5277 26700.00 2549 3521 3955 4417 4859 5282 26750.00 2552 3525 3959 4422 4864 5287 26800.00 2555 3529 3962 4426 4869 5292 26850.00 2559 3532 3966 4430 4873 5297 26900.00 2562 3536 3970 4435 4878 5303 26950.00 2565 3540 3974 4439 4883 5308 27000.00 2568 3544 3978 4443 4888 5313 27050.00 2571 3548 3982 4448 4892 5318 27100.00 2574 3552 3986 4452 4897 5323 27150.00 2577 3556 3990 4456 4902 5328 27200.00 2580 3560 3993 4461 4907 5334 27250.00 2584 3563 3997 4465 4911 5339 27300.00 2587 3567 4001 4469 4916 5344 27350.00 2590 3571 4005 4474 4921 5349 27400.00 2593 3575 4009 4478 4926 5354 27450.00 2596 3579 4013 4482 4930 5359 27500.00 2599 3583 4017 4487 4935 5365 27550.00 2602 3587 4021 4491 4940 5370 27600.00 2606 3591 4024 4495 4945 5375 27650.00 2609 3595 4028 4500 4950 5380 27700.00 2612 3598 4032 4504 4954 5385 27750.00 2615 3602 4036 4508 4959 5390 27800.00 2618 3606 4040 4513 4964 5396 27850.00 2621 3610 4044 4517 4969 5401 27900.00 2624 3614 4048 4521 4973 5406 27950.00 2627 3618 4051 4526 4978 5411 28000.00 2631 3622 4055 4530 4983 5416 28050.00 2634 3626 4059 4534 4988 5421 28100.00 2637 3629 4063 4538 4992 5427 28150.00 2640 3633 4067 4543 4997 5432 28200.00 2643 3637 4071 4547 5002 5437 28250.00 2646 3641 4075 4551 5007 5442 28300.00 2649 3645 4079 4556 5011 5447 28350.00 2653 3649 4082 4560 5016 5453 28400.00 2656 3653 4086 4564 5021 5458 28450.00 2659 3657 4090 4569 5026 5463 28500.00 2662 3661 4094 4573 5030 5468 28550.00 2665 3664 4098 4577 5035 5473 28600.00 2668 3668 4102 4582 5040 5478 28650.00 2671 3672 4106 4586 5045 5484 28700.00 2675 3676 4110 4590 5049 5489 28750.00 2678 3680 4113 4595 5054 5494 28800.00 2681 3684 4117 4599 5059 5499 28850.00 2684 3688 4121 4603 5064 5504 28900.00 2687 3692 4125 4608 5068 5509 28950.00 2690 3695 4129 4612 5073 5515 29000.00 2693 3699 4133 4616 5078 5520 29050.00 2696 3703 4137 4621 5083 5525 29100.00 2700 3707 4141 4625 5087 5530 29150.00 2703 3711 4144 4629 5092 5535 29200.00 2706 3715 4148 4634 5097 5540 29250.00 2709 3719 4152 4638 5102 5546 29300.00 2712 3723 4156 4642 5106 5551 29350.00 2715 3727 4160 4647 5111 5556 29400.00 2718 3730 4164 4651 5116 5561 29450.00 2722 3734 4168 4655 5121 5566 29500.00 2725 3738 4171 4660 5126 5571 29550.00 2728 3742 4175 4664 5130 5577 29600.00 2731 3746 4179 4668 5135 5582 29650.00 2734 3750 4183 4673 5140 5587 29700.00 2737 3754 4187 4677 5145 5592 29750.00 2740 3758 4191 4681 5149 5597 29800.00 2743 3762 4195 4685 5154 5602 29850.00 2747 3765 4199 4690 5159 5608 29900.00 2750 3769 4202 4694 5164 5613 29950.00 2753 3773 4206 4698 5168 5618 30000.00 2756 3777 4210 4703 5173 5623
[ Explanatory Comment--2005 The schedule has been amended to reflect updated economic data. See Explanatory Comment--2005 following Rule 1910.16-1. ]
Explanatory Comment--2008 The basic child support schedule has been amended to reflect updated economic data. The schedule has been expanded to include all cases in which the parties' combined net monthly income is $30,000 or less. It also reflects an increase in the Self-Support Reserve to $867, the 2008 poverty income for one person. The schedule was further adjusted to incorporate an assumption that the children spend 30% of the time with the obligor.
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.
(1) The following formula shall be applied to calculate the amount of basic child support to be apportioned between the parties according to their respective incomes:
One child: $2,756 + 6.5 % of combined net income above $30,000 per month.
Two children: $3,777 + 8.0% of combined net income above $30,000 per month.
Three children: $4,210 + 9.2% of combined net income above $30,000 per month.
Four children: $4,703 + 10.3% of combined net income above $30,000 per month.
Five children: $5,173 + 11.3% of combined net income above $30,000 per month.
Six children: $5,623 + 12.3% of combined net income above $30,000 per month.(2) The trier of fact next shall make any appropriate adjustments to the basic support obligation and/or allocation of additional expenses pursuant to Rule 1910.16-6.
(3) The trier of fact shall consider the factors in Rule 1910.16-5 in making a final child support award and shall make findings of fact on the record or in writing.
(b) Spousal Support and Alimony Pendente Lite. In cases in which the parties' combined monthly net income exceeds $30,000, as a preliminary analysis in calculating spousal support or alimony pendente lite, the trier of fact shall compute 30% of the difference in the parties' respective net monthly incomes if there are dependent children of the parties or 40% of the difference in the parties' respective net monthly incomes if there are no dependent children of the parties. In determining the amount and duration of the final spousal support or alimony pendente lite award, the trier of fact shall consider the factors in Rule 1910.16-5 and shall make findings of fact on the record or in writing.
Explanatory Comment--2008 New Rule 1910.16-3.1 is intended to bring all child support cases under the guidelines and treat similarly situated parties similarly. Thus, high-income child support cases will no longer be decided pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). Economic data support the amounts in the basic child support schedule up to combined net incomes of $30,000 per month. Above that amount, economic data are not readily available. Thus, for cases in which the parties' combined net monthly income is above $30,000, the formula applies a fixed percentage to calculate the amount of support. The formula is an extrapolation of the available economic data to higher income cases. Spousal support and alimony pendente lite awards in high-income cases are preliminarily calculated pursuant to the guidelines formula of 30% or 40% of the difference in the net monthly incomes of the parties. However, in both high-income child support and spousal support/alimony pendente lite cases, the trier of fact is required to consider the factors in Rule 1910.16-5 before entering a final order and to make findings of fact on the record or in writing.
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 [the] basic [guideline] child support, either from the schedule in Rule 1910.16-3 or the formula in Rule 1910.16-3.1(a). It also shall be used to preliminarily calculate spousal support [and/]or alimony pendente lite [obligation] obligations:
* * * * * (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. 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.
Example. Where the obligor and the obligee have monthly net incomes of $5,000 and $2,300 respectively, their combined child support obligation is [$1,548] $1,663 for two children. Using the income shares formula in Part I, the obligor's share of this obligation is 68%, or [$1,053] $1,131. If the children spend 40% of their time with the obligor, the formula in Part II applies to reduce his or her percentage share of the combined support obligation to 58%, or [$898] $965. If the children spend 45% of their time with the obligor, his or her percentage share of the combined obligation is reduced to 53%, or [$820] $881. If the children spend equal time with both parents, the obligor's percentage share is reduced to 48%, or [$743] $798.(2) Without regard to which parent initiated the support action, when the children spend equal time with both parents, the Part II formula cannot be applied unless the obligor is the parent with the higher income. In no event shall an order be entered requiring the parent with the lower income to pay basic child support to the parent with the higher income. However, nothing in this subdivision shall prevent the entry of an order requiring the parent with less income to contribute to additional expenses pursuant to Rule 1910.16-6. Pursuant to either party's initiating a support action, the trier of fact may enter an order against either party based upon the evidence presented without regard to which party initiated the action. If application of the formula in Part II results in the obligee receiving a larger share of the parties' combined income in cases in which the parties share custody equally, then the court shall adjust the support obligation so that the combined income is allocated equally between the two households. In those cases, no spousal support or alimony pendente lite shall be awarded.
Example 1. Mother and Father have monthly net incomes of $3,000 and $2,700 respectively. Mother has filed for support for the parties' two children with whom they share time equally. Pursuant to the Basic Child Support Schedule at Rule 1910.16-3, the support amount for two children at their parents' combined net income level is [$1,302] $1,440 per month. Mother's share is 53% of that amount, or [$690] $763. Father's share is 47%, or [$612] $677. Application of subdivisions a. and b. of the Part II formula results in a 20% reduction in support when each parent spends 50% of the time with the children. Because the parties share custody equally, Mother cannot be the obligee for purposes of the Part II calculation because she has the higher income of the two parents. In these circumstances, although Mother initiated the support action, she would become the obligor even if Father has not filed for support. Father cannot be an obligor in the Part II calculations nor can the amount of support Mother is obligated to pay to Father be offset by calculating Father's adjusted amount of support under Part II because a support order cannot be entered against the parent with the lesser income. Using Mother as the obligor, her adjusted percentage share of the basic support amount is 33% (53% - 20% = 33%). Her adjusted share of the basic support amount is [$430] $475 (33% of [$1,302] $1,440). However, instead of [$430] $475 per month, Mother's support obligation would be adjusted to $150 per month to allocate the parties' combined income equally between the two households. This is the presumptive amount of basic support payable to Father under these circumstances.Example 2. Where the obligor and the obligee have monthly net incomes of $3,000 and $2,500 respectively, their combined child support obligation for two children is [$1,268] $1412. The obligor's share of this obligation is 55%, or [$697] $777. If the children spend equal time with both parents, the formula in Part II results in a support obligation of [$444] $494 payable to the obligee. Since this amount gives the obligee [$2,944] $2,994 of the combined income, and leaves the obligor with only [$2,556] $2,506 of the combined income, the obligor's support obligation must be adjusted to $250 to equalize the combined income between the parties' households. This is the presumptive amount of basic support payable to the obligee under these circumstances.(3) This subdivision 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.
(d) Divided or Split Physical Custody.
(1) When calculating a child support obligation, and one or more of the children reside 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 [$1,500] $2,500 and [$800] $1,250 respectively, Father's child support obligation is calculated as follows. Using the [formula with 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 $1,190. 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 [$513] $797. Using [the formula with] the schedule in Rule 1910.16-3 for one child, Mother's support obligation for the child living with Father is [$199] $273. Subtracting [$199] $273 from [$513] $797 produces a net basic support amount of [$314] $524 payable to Mother as child support.
* * * * * (e) Support Obligations When Custodial Parent Owes Spousal Support. Where children are residing with the spouse obligated to pay spousal support or alimony pendente lite (custodial parent) and the other spouse (non-custodial parent) has a legal obligation to support the children, the guideline amount of spousal support or alimony pendente lite shall be determined by offsetting the non-custodial parent's obligation for support of the children and the custodial parent's obligation of spousal support or alimony pendente lite, and awarding the net difference either to the non-custodial parent as spousal support/alimony pendente lite or to the custodial parent as child support as the circumstances warrant.
The following example uses the formula to show the steps followed to determine the amount of the non-custodial parent's support obligation to the children and the effect of that obligation upon the custodial parent's spousal support obligation. The example assumes that the parties have two children and the non-custodial parent's net monthly income is $1,000 and the custodial parent's net monthly income is $2,600. First, determine the spousal support obligation of the custodial parent to the non-custodial parent based upon their net incomes from the formula for spousal support without dependent children, i.e., $640. Second, recompute the net income of the parties assuming the payment of the spousal support so that $640 is deducted from the custodial parent's net income, now $1,960, and added to the non-custodial parent's net income, now $1,640. Third, determine the child support obligation of the non-custodial parent for two children, i.e., [$501] $536. Fourth, determine the recomputed support obligation of the custodial parent to the non-custodial parent by subtracting the non-custodial parent's child support obligation from Step 3 ([$501] $536) from the original support obligation determined in Step 1 ($640). The recomputed spousal support is [$139] $104.
* * * * *
Explanatory Comment--2008 The basic support schedule incorporates an 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. Variable expenditures, such as food and entertainment that fluctuate based upon parenting time, were adjusted in the schedule to build in the assumption of 30% parenting time. Upward deviation should be considered in cases in which the obligor has little or no contact with the children. However, upward deviation may not be appropriate where an obligor has infrequent overnight contact with the child, but provides meals and entertainment during daytime contact. Fluctuating expenditures should be considered rather than the extent of overnight time. Downward deviation may be appropriate when the obligor incurs substantial fluctuating expenditures during parenting time, but has infrequent overnights with the children.
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 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 still may 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.
Rule 1910.16-5. Support Guidelines. Deviation.
(a) Deviation. If the amount of support deviates from the amount of support determined by the guidelines, the trier of fact shall specify, in writing or on the record, the guideline amount of support, and the reasons for, and findings of fact justifying, the amount of the deviation.
Official Note: The deviation applies to the amount of the support obligation and not to the amount of income.
(b) Factors. In deciding whether to deviate from the amount of support determined by the guidelines, the trier of fact shall consider:
(1) unusual needs and unusual fixed obligations;
(2) other support obligations of the parties;
(3) other income in the household;
(4) ages of the children;
(5) the relative assets and liabilities of the parties;
(6) medical expenses not covered by insurance;
(7) standard of living of the parties and their children;
(8) in a spousal support or alimony pendente lite case, the [period of time during which the parties lived together] duration of the marriage from the date of marriage to the date of final separation; and
(9) other relevant and appropriate factors, including the best interests of the child or children.
[(c) Duration. 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 Rule 1910.16-5 sets forth the factors for deviation from the presumptive amount of support. Subdivision (c) and subsection (b)(8) permit the court to consider the length of the marriage in determining the amount and duration of a spousal support or alimony pendente lite award. The primary purpose of these provisions 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.
Explanatory Comment--2008 The provisions of subdivision (c), which provided that the court must consider the duration of the parties' marriage in determining the duration of an award of spousal support or alimony pendente lite, were moved to new Rule 1910.16-1(c)(2). The duration of the marriage, from the date of marriage to the date of final separation, remains a factor to consider in determining whether or not deviation from the amount of the award is warranted.
Rule 1910.16-6. Support Guidelines. Adjustments to the Basic Support Obligation. Allocation of Additional Expenses.
Additional expenses permitted pursuant to this Rule 1910.16-6 may be allocated between the parties even if the parties' incomes do not justify an order of basic support.
(a) Child care expenses. Reasonable child care expenses paid by either parent, if necessary to maintain employment or appropriate education in pursuit of income, shall be allocated between the parties in proportion to their net incomes and added to his and her basic support obligation. When a parent is receiving a child care subsidy through the Department of Public Welfare, the expenses to be allocated between the parties shall be the full unsubsidized cost of the child care, not just the amount actually paid by the parent receiving the subsidy. However, if allocation of the unsubsidized amount would result in a support order that is overly burdensome to the obligor, deviation pursuant to Rule 1910.16-5 [may be] is warranted.
Example. Mother has primary custody of the parties' two children and Father has partial custody. Mother's monthly net income is $2,000 and Father's is $3,500. At their combined income level of $5,500, the basic monthly child support from the schedule in Rule 1910.16-3 is [$1,268] $1,412 for two children. As Father's income is 64% of the parties' combined income, his share is [$812] $904. Mother incurs child care expenses of $400 per month and Father incurs $100 of such expenses each month. The total amount of child care expenses, $500, will be apportioned between the parties, with Father paying 64%, or $320. As he is already paying $100 for child care while the children are in his partial custody, he would pay the remaining $220 to Mother for a total child support obligation of [$1,032] $1,124 ([$812] $904 + $220 = [$1,032] $1,124).* * * * * (2) The federal child care tax credit shall not be used to reduce the child care expenses subject to allocation between the parties if the eligible parent is not qualified to receive the credit.
Official Note: A child care subsidy provided by the Department of Public Welfare should not be used to reduce the child care expenses subject to allocation between the parties to the extent that the obligor has the financial resources to contribute to the actual costs of child care. Nor is it appropriate to order the obligee to seek a child care subsidy in order to reduce the obligor's share of child care expenses if the obligor has the financial ability to contribute to those expenses. While public policy requires that parents, rather than taxpayers, pay for their children's child care when they are able to do so, allocation of the full unsubsidized cost of child care may result in a support order that is overly burdensome to the obligor. In those circumstances, in addition to considering deviation to relieve the burden on the obligor, the trier of fact also has the discretion to determine whether or not to include in the order other adjustments under Rule 1910.16-6, such as a mortgage contribution, which are not mandatory. No adjustment to the basic support amount shall be permitted if such would cause the obligor's remaining net monthly income to fall below the Self-Support Reserve of [$748] $867. Implicit in the rule requiring apportionment of the unsubsidized cost of child care is recognition of the duty of the subsidy recipient to report any additional income pursuant to Department of Public Welfare regulations so that adjustments can be made to entitlements accordingly.
* * * * * (e) Mortgage Payment. The guidelines assume that the spouse occupying the marital residence will be solely responsible for the mortgage payment, real estate taxes, and homeowners' insurance. Similarly, the court will assume that the party occupying the marital residence will be paying the items listed unless the recommendation specifically provides otherwise. If the obligee is living in the marital residence and the mortgage payment exceeds 25% of the obligee's net income (including amounts of spousal support, alimony pendente lite and child support), the court may direct the obligor to assume up to 50% of the excess amount as part of the total support award. If the obligor is occupying the marital residence and the mortgage payment exceeds 25% of the obligor's monthly net income (less any amount of spousal support, alimony pendente lite or child support the obligor is paying), the court may make an appropriate downward adjustment in the obligor's support obligation. This rule shall not be applied after a final resolution of all outstanding economic claims. For purposes of this subdivision, the term ''mortgage'' shall include first mortgages, real estate taxes and homeowners' insurance and may include any subsequent mortgages, home equity loans and any other obligations incurred during the marriage which are secured by the marital residence.
* * * * *
Explanatory Comment--2008 Subdivision (e), relating to mortgages on the marital residence, has been amended to clarify that the rule cannot be applied after a final order of equitable distribution has been entered. To the extent that Isralsky v. Isralsky, 824 A.2d 1178 (Pa. Super. 2003), holds otherwise, it is superseded. At the time of resolution of the parties' economic claims, the former marital residence will either have been awarded to one of the parties or otherwise addressed.
Rule 1910.16-7. Support Guidelines. Awards of Child Support When There are Multiple Families.
(a) When the total of the obligor's basic child support obligations equals fifty percent or less of his or her monthly net income, there will generally be no deviation from the guideline amount of support on the ground of the existence of a new family. For example, where the obligor requests a reduction of support for one child of the first marriage on the basis that there is a new child of the second intact marriage, and the relevant monthly net incomes are $2,500 for the obligor, $500 for the former spouse and $1,300 for the current spouse, the request for a reduction will be denied because the total support obligation of [$1,142] $1,141 ([$601] $593 for the first child and [$541] $548 for the second child) is less than half of the obligor's monthly net income.
(b) When the total of the obligor's basic support obligations exceeds fifty percent of his or her monthly net income, the court may consider a proportional reduction of these obligations. Since, however, the goal of the guidelines is to treat each child equitably, in no event should either a first or later family receive preference. Nor shall the court divide the guideline amount for all of the obligor's children among the households in which those children live.
Example 1. The obligor is sued for support of an out of wedlock child. The obligor is already paying support for two children of the first marriage, and has an intact second marriage with one child. The relevant monthly net incomes are [$1,500] $3,800 for the obligor, $1,100 for the former spouse, $0 for the current spouse and $1,500 for the parent of the new child. The guideline amounts for each family are [$514] $1,043 for the two children of the first marriage, [$386] $831 for the one child of the second marriage, and [$362] $699 for the one child out of wedlock for a total support obligation of [$1,262] $2,573. Since the total of these obligations exceeds fifty percent of the obligor's net monthly income of [$1,500] $3,800 per month, the court may consider a proportional reduction of all of the orders.Example 2. The obligor is sued for support of three children of a second marriage. There is already an order in effect for two children of the first marriage. The relevant monthly net incomes are [$1,000] $1,500 for the obligor, $0 for the first spouse and $500 for the second spouse. The guideline amounts for each family are [$229] $531 for the two children of the first marriage and [$422] $615 for the three children of the second marriage for a total support obligation of [$651] $1,146. Since this total obligation leaves the obligor with only [$349] $354 on which to live, the order for the three children of the second family is too high. However, reducing the order for three children while leaving the existing order intact would give preference to the first family, contrary to the rule. Therefore, both orders must be reduced proportionally.Example 3. The obligor is sued to establish orders for three children born out of wedlock. The net monthly incomes for the obligor and for each obligee is $1,500. The court would determine that the guideline figure for each child is [$362] $357 for a total obligation of [$1,086] $1,071 for three children. It would be incorrect to determine the guideline amount for three children, in this case [$724] $1,213, and then divide that amount among the three children.(c) For purposes of this rule, the presumptive amount of the obligor's basic support obligation is calculated using only the basic guideline amounts of support, as determined from the formula in Rule 1910.16-4, and does not include any additional expenses that may be added to these amounts pursuant to Rule 1910.16-6. In calculating the presumptive amount of the obligor's basic support obligation, the court should ensure that obligor retains at least [$748] $867 per month consistent with Rule 1910.16-2(e).Example 1. Assume that the obligor is paying [$591] $575 per month support for one child of the first marriage, plus an additional $200 per month for child care expenses. The obligor requests a reduction in this support obligation on the basis that there is one new child of the second intact marriage. The relevant incomes are $2,400 for the obligor and $0 for both the former and current spouses. The obligor's request for a reduction should be denied because the total of the basic guideline obligations for both children is only [$1,182] $1,150 ([$591] $575 for each child) and this amount does not exceed 50% of the obligor's net monthly income. No reduction should be given on the basis that the obligor's contribution to child care expenses for the first child results in an overall support obligation of [$1,382] $1,350 which exceeds 50% of the obligor's net monthly income. Thus, the presumptive amount of basic support for the two children is still [$1,182] $1,150 ([$591] $575 for each child). The court must then consider the deviation factors under Rule 1910.16-5 and the parties' respective contributions to additional expenses under Rule 1910.16-6 in arriving at an appropriate amount of total support for each child.Example 2. Assume that the obligor is paying [$227] $365 per month support for one child of the first marriage. The obligor has one new child of the second intact marriage. The relevant incomes are [$1,000] $1,500 for the obligor and $0 for both the former and current spouses. No reduction should be given on the basis of the obligor's new child because the total of the basic guideline obligations for both children is only [$454] $730 ([$227] $365 for each child) and this amount does not exceed 50% of the obligor's net monthly income. Since, however, this amount leaves the obligor with only [$546] $770 per month, the court should proportionally reduce the support obligations so that the obligor retains [$748] $867 per month. Thus, the presumptive amount of basic support for the two children is [$252] $633 ([$126] $316.50 for each child). The court must then consider the deviation factors under Rule 1910.16-5 and the parties' respective contributions to additional expenses under Rule 1910.16-6 in arriving at an appropriate amount of total support for each child.[(d) When an obligor is subject to more than one order for child support, spousal support and/or alimony pendente lite, the priority for distribution of payments and/or collections from the obligor, without regard to the source of the funds or method of collection, are as follows unless the court specifically orders a different distribution priority:(1) current child support.(2) medical, child care or other court-ordered child support-related expenses.(3) child support arrears.(4) current spousal support or alimony pendente lite.(5) spousal support or alimony pendente lite arrears.(6) court costs and fees.]* * * * *
Explanatory Comment--2008 Rule 1910.16-7 has been amended to reflect the updated schedule in Rule 1910.16-3 and the increase in the Self-Support Reserve to $867 per month, the 2008 federal poverty level for one person. The distribution priorities formerly in subdivision (d) have been moved to Rule 1910.17(d) to clarify that these priorities apply to all support orders, not just those involving multiple families.
* * * * * Rule 1910.17. Support Order. Effective Date. Change of Circumstances. Copies of Order. Priority of Distribution of Payments.
* * * * * (d) The priority for distribution of payments and/or collections from the obligor, without regard to the source of the funds or method of collection, are as follows:
(1) current child support.
(2) medical, child care or other court-ordered child support-related expenses.
(3) child support arrears.
(4) current spousal support or alimony pendente lite.
(5) spousal support or alimony pendente lite arrears.
(6) court costs and fees.
[Explanatory Comment--1981 Section 6706(a) of the Judicial Code provides that an order of support may be made effective as of the date of the filing of the complaint. Subdivision (a) of the Rule prescribes that the order shall be effective from the date of filing the complaint ''unless the order specifies otherwise.''
A note has been added to the subdivision referring to Section 6706(b) of the Code, which provides an administrative procedure for making payment pursuant to an order of support.
Subdivision (b) requires the court in its order to impose upon the defendant the continuing duty to inform the domestic relations section of any change of address. This obligation of the defendant forms the basis upon which papers in the action may subsequently be served upon him. The requirement of informing the domestic relations section of the current address also facilitates other communication between the section and the defendant with respect to payment, arrearages, and other matters.
Explanatory Comment--1988 The introduction to the explanatory comment appears under Rule 1910.49.
Subdivision (a) governing the effective date of a support order remains unchanged but the note is enlarged and made current. The manner of making support payments is now set forth in section 4325 of Title 23 of the Consolidated Statutes, 23 Pa.C.S. § 4325, to which the note, as revised, refers. Also, the note contains a reference to the requirements of Act 66 and Rule 1910.22 that every support order must contain an immediate or conditional order of income attachment, discussed infra under Rule 1910.22.
Subdivision (b) is revised to use the terms ''obligor'' and ''obligee'' rather than ''plaintiff'' or ''defendant''. This is the terminology of Act 66 and consistent terminology lessens the opportunity for confusion.
Former subdivision (b) imposed a continuing duty on the defendant to inform the domestic relations section of any change in address. In conformity with Act 66, 23 Pa.C.S. § 4353, the rule is revised by expanding the duty of the obligor to update information concerning employment, personal address or the address of a child receiving support. The statute and the rule both provide for punishment by contempt of court for the willful failure to inform the domestic relations section of the required information.
New subdivision (c) requires that the parties and their attorneys be served with a copy of the support order. This provision comports with the regulations of the Federal Office of Child Support Enforcement, 45 CFR 303.101(c)(3).
Explanatory Comment--1994 The proposed amendment conforms Rule 1910.17 to the requirements of 23 Pa.C.S. § 4353 by augmenting the list of changed circumstances which parties are required to report, in writing, within seven days.]
Explanatory Comment--2008 Subdivision (d) has been moved from Rule 1910.16-7 and addresses the priority of the distribution of payments and collections in all cases, not just those involving multiple families.
* * * * * Rule 1910.27. Form of Complaint. Order. Income Statements and Expense Statements. Health Insurance Coverage Information Form. Form of Support Order. Form Petition for Modification.
* * * * * (c) The Income and Expense Statements to be attached to the order shall be in substantially the following form:
* * * * * (2) Expense Statements. An Expense Statement is not required in cases which can be determined pursuant to the guidelines unless a party avers unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. (See Rule 1910.11(c)(1)). Child support is calculated under the guidelines based upon the net incomes of the parties, with additional amounts ordered as necessary to provide for child care expenses, health insurance premiums, unreimbursed medical expenses, mortgage payments and other needs, contingent upon the obligor's ability to pay. The Expense Statement in subparagraph (A) below shall be utilized if a party is claiming that he or she has unusual needs and unusual fixed expenses that may warrant deviation or adjustment in a case determined under the guidelines. [In cases which must be determined pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), because the parties' combined net monthly income exceeds $20,000 per month] In child support, spousal support and alimony pendente lite cases calculated pursuant to Rule 1910.16-3.1 and in divorce cases involving claims for alimony or counsel fees, costs and expenses pursuant to Rule 1920.31(a), the parties must complete the Expense Statement in subparagraph (B) below.
(A) Guidelines Expense Statement. If the combined monthly net income of the parties is [$20,000] $30,000 or less, it is not necessary to complete this form unless a party is claiming unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. At the conference, each party must provide receipts or other verification of expenses claimed on this statement. The Guidelines Expense Statement shall be substantially in the following form.
* * * * * (B) [Melzer] Expense Statement for Cases Pursuant to Rule 1910.16-3.1 and Rule 1920.31. No later than five business days prior to the conference, the parties shall exchange this form, along with receipts or other verification of the expenses set forth on this form. Failure to comply with this provision may result in an appropriate order for sanctions and/or the entry of an interim order based upon the information provided.
* * * * * By the Domestic Relations
Procedural Rules CommitteeNANCY P. WALLITSCH, ESQUIRE,
Chair
[Pa.B. Doc. No. 08-2226. Filed for public inspection December 12, 2008, 9:00 a.m.]
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