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PA Bulletin, Doc. No. 10-181

THE COURTS

Title 231—RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1910 ]

In Re: Amendment of Rules 1910.11, 1910.16-1, 1910.16-2, 1910.16-3, 1910.16-4, 1910.16-5, 1910.16-6, 1910.16-7, 1910.17, 1910.27 and the Note to Rule 1910.10 and Adoption of Rule 1910.16-3.1 of the Pennsylvania Rules of Civil Procedure; No. 519; Civil Procedural Rules

[40 Pa.B. 586]
[Saturday, January 30, 2010]

Order

Per Curiam:

 And Now, this 12th day of January, 2010, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, Volume 38, Number 27 (July 5, 2008), and the Pennsylvania Reporter, 949 A.2d No. 2 (July 18, 2008), and republished for additional public comment in the Pennsylvania Bulletin, Volume 38, Number 50 (December 13, 2008) and the Pennsylvania Reporter, 959 A.2d No. 2 (December 19, 2008):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1910.11, 1910.16-1, 1910.16-2, 1910.16-3, 1910.16-4, 1910.16-5, 1910.16-6, 1910.16-7, 1910.17, 1910.27 and the Note to Rule 1910.10 of the Pennsylvania Rules of Civil Procedure are amended and Rule 1910.16-3.1 of the Pennsylvania Rules of Civil Procedure is adopted as follows.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective in 120 days on May 12, 2010.

PATRICIA NICOLA, 
Chief Clerk
Supreme Court of Pennsylvania

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1910. ACTIONS FOR SUPPORT

Rule 1910.10. Alternative Hearing Procedures.

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 (b) The president judge or the administrative judge of Family Division of each county shall certify that all support proceedings in that county are conducted in accordance with either Rule 1910.11 or Rule 1910.12. The certification shall be filed with the Domestic Relations Procedural Rules Committee, and shall be substantially in the following form:

 I hereby certify that _____ County conducts its support proceedings in accordance with Rule _____ .

__________(PRESIDENT JUDGE)  (ADMINISTRATIVE JUDGE)

 Official Note: Pursuant to Rule 1910.10, the following counties have certified to the Domestic Relations Procedural Rules Committee that their support proceedings are conducted in accordance with the rule specified below.

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 Tioga [1910.12] 1910.11

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Rule 1910.11. Office Conference. Subsequent Proceedings. Order.

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 (c) At the conference, the parties shall furnish to the officer true copies of their most recent federal income tax returns, their pay stubs for the preceding six months, verification of child care expenses and proof of medical coverage which they may have or have available to them. In addition, they shall provide copies of their Income and Expense Statements in the forms required by Rule 1910.27(c), completed as set forth below.

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 (2) For cases which are decided according to [Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984)] Rule 1910.16-3.1, the Income Statement and the Expense Statement at Rule 1910.27(c)(2)(B) must be [completed] submitted.

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Explanatory Comment—2010

 When the parties' combined net income exceeds $30,000 per month, calculation of child support, spousal support and alimony pendente lite shall be pursuant to Rule 1910.16-3.1. Rule 1910.16-2(e) has been amended to eliminate the application of Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), in high income child support cases.

Rule 1910.16-1. Amount of Support. Support Guidelines.

 (a) Applicability of the Support Guidelines.

 (2) In actions in which the plaintiff is a public body or private agency pursuant to Rule 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 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. 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 $[1,500] 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 1910.16-3, the basic child support amount for the two children with Mother is $[1,216] 1,350. As Father's income is [67] 60% of the parties' combined monthly net income, his basic support obligation to Mother is $[815] 810 per month. The guidelines assume that Mother will provide $[401] 540 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 $[2,185] 2,190 for purposes of this calculation ($3,000 net less $[815] 810 in support for the children with Mother). Because 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 $[2,185] 2,190 income level, or $[545] 528 per month. Mother/obligor's income will be $[1,099] 1,460 for purposes of this calculation ($[1,500] 2,000 net less $[401] 540 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 $[284] 354 per month.
Example 2. 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, 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 $[853] 866 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 $[544] 698 for the children in placement (100% of the schedule amount for two children at the $[1,500] 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. Mother and Father have four children, two of whom are in placement. Mother's net monthly income is $4,000 and Father's is $2,000. The basic support amount for the two children in the home is $[1,359] 1,483, according to the schedule at Rule 1910.16-3. As Mother's income is 67% of the parties' combined net monthly incomes, her share would be $[911] 994, and Father's 33% share would be $[448] 489. Mother's income for purposes of calculating support for the two children in placement would be $[3,089] 3,006 ($4,000 less $[911] 994). She would pay 100% of the basic child support at that income level, or $[1,029] 1,033, for the children in placement. Father's income would be $[1,552] 1,511 ($2,000 less $[448] 489) and his obligation to the children in placement would be $[560] 531.

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 (c) Spousal Support and Alimony Pendente Lite.

 (1) Orders for spousal support and alimony pendente lite shall not be in effect simultaneously.

 (2) In determining the duration of an award for spousal support or alimony pendente lite, the trier of fact shall consider the duration of the marriage from the date of marriage to the date of final separation.

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Explanatory Comment—[2005] 2010

 Introduction. Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. 23 Pa.C.S. § 4322(a). That statute further provides that the guideline shall be ''established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly.'' Id.

 Pursuant to federal law, The Family Support Act of 1988 (P. L. 100-485, 102 Stat. 2343 (1988), [42 U.S.C. § 667(a), statewide support guidelines must ''be reviewed at least once every four years to ensure that their application results in the determination of appropriate child support award amounts.''] all states are required to have statewide child support guidelines. Federal regulations, 45 CFR 302.56, further require that the guidelines be reviewed at least once every four years and that such reviews include an assessment of the most recent economic data on child-rearing costs and a review of data from case files to assure that deviations from the guidelines are limited. The Pennsylvania statute also requires a review of the support guidelines every four years. 23 Pa.C.S.A. § 4322(a).

 The Domestic Relations Procedural Rules Committee of the Supreme Court of Pennsylvania began the mandated review process in [early 2003] 2007. The committee was assisted in its work by Jane Venohr, Ph.D., an economist with [Policy Studies, Inc.] the Center for Policy Research, under contract [with] between the Pennsylvania Department of Public Welfare and Policy Studies, Inc. As a result of the review, the committee recommended to the Supreme Court several amendments to the statewide guidelines.

 A. Income Shares Model. Pennsylvania's child support guidelines are based upon the Income Shares Model. That model was developed under the Child Support Guidelines Project funded by the U.S. Office of Child Support Enforcement and administered by the National Center for State Courts. The Guidelines Project Advisory Group recommended the Income Shares Model for state guidelines. At present, [33] 37 states use the Income Shares Model as a basis for their child support guidelines.

 The Income Shares Model is based upon the concept that the child of separated, divorced or never-married parents should receive the same proportion of parental income that she or he would have received if the parents lived together. A number of authoritative economic studies provide estimates of the average amount of household expenditures for children in intact households. These studies show that the proportion of household spending devoted to children is directly related to the level of household income and to the number of the children. The basic support amounts reflected in the schedule in Rule 1910.16-3 represent average marginal expenditures on children for food, housing, transportation, clothing and other miscellaneous items that are needed by children and provided by their parents, including the first $250 of unreimbursed medical expenses incurred annually per child.

 1. Economic Measures. The support schedule in Rule 1910.16-3 is based upon child-rearing expenditures measured by David M. Betson, Ph.D., Professor of Economics, University of Notre Dame. Dr. Betson's measurements were developed for the U.S. Department of Health and Human Services for the explicit purpose of assisting states with the development and revision of child support guidelines. Dr. Betson's research [was] also was used in developing the prior schedule, effective in [April 1999] January 2006. [In 2001,] Dr. Betson [updated] updates his estimates using data from the [1996-98] Consumer Expenditure Survey conducted by the U.S. Bureau of Labor Statistics. In the current schedule, those figures were converted to [2003] 2008 price levels using the Consumer Price Index.

 2. Source of Data. The estimates used to develop the schedule are based upon national data. The specific sources of the data are the periodic Consumer Expenditure Surveys. Those national surveys are used because they are the most detailed available source of data on household expenditures. The depth and quality of this information is simply not available at the state level and would be prohibitively costly to gather. [However, according to the 2000 Census conducted by the U.S. Census Bureau, the median Pennsylvania family income in 1999 was $49,184, while the national median family income was $50,046. Thus, using national data continues to be appropriate.]

 The U.S. Department of Agriculture's Center for Nutrition Policy and Promotion (''CNPP'') also develops economic estimates for the major categories of child-rearing expenditures. Although the committee reviewed these estimates, it is [not] aware of [any] only one state that relies upon the CNPP estimates as a basis for its child support schedule, and even that state makes certain adjustments.

 B. Statutory Considerations. The Pennsylvania statute, 23 Pa.C.S.A. § 4322(a), provides:

Child and spousal support shall be awarded pursuant to a Statewide guideline as established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly. The guideline shall be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support, the guideline shall place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties' assets, as warrant special attention. The guideline so developed shall be reviewed at least once every four years.

 1. Reasonable Needs and Reasonable Ability to Provide Support. The guidelines make financial support of a child a primary obligation and assume that parties with similar net incomes will have similar reasonable and necessary expenses. After the basic needs of the parents have been met, the child's needs shall receive priority. The guidelines assume that if the obligor's net income is at the poverty level, he or she is barely able to provide for his or her own basic needs. In those cases, therefore, the entry of a minimal order may be appropriate after considering the party's living expenses. In some cases, it may not be appropriate to enter a support order at all. In most cases, however, a party's living expenses are not relevant in determining his or her support obligation. Rather, as the statute requires, the obligation is based upon the reasonable needs of a dependent spouse or child and the reasonable ability of the obligor to pay.

 2. Net Income. The guidelines use the net incomes of the parties [and are based on the assumption that a child's reasonable needs increase as the combined net income of the child's parents increases]. Each parent is required to contribute to a share of the child's reasonable needs in proportion to that parent's share of the combined net income. The custodial parent makes these contributions through direct expenditures for food, shelter, clothing, transportation and other reasonable needs. The non-custodial parent makes contributions through periodic support payments to the custodial parent. Rule 1910.16-2(d) has been amended to clarify the provisions relating to [fluctuating] income and earning capacity.

 3. Allowable Deviations. The guidelines are designed to treat similarly situated parents, spouses and children in the same manner. However, when there are unavoidable differences, deviations must be made from the guidelines. Failure to deviate from these guidelines by considering a party's actual expenditures where there are special needs and special circumstances constitutes a misapplication of the guidelines.

 C. Child Support Schedule. The child support schedule in Rule 1910.16-3 has been amended to reflect updated economic data, as required by federal and state law, to ensure that children continue to receive adequate levels of support. [At some income levels the presumptive amount of support has increased from the previous schedule, and at some income levels it has decreased. The economic data support the revised schedule.] The support amounts in the schedule have been expanded to apply to a combined net monthly income of $[20,000] 30,000 and remain statistically valid. The economic data support the revised schedule.

 D. Self-Support Reserve (''SSR''). The amended schedule also incorporates an increase in the ''Self-Support Reserve'' or ''SSR'' from $[550] 748 per month to $[748] 867 per month, the [2003] 2008 federal poverty level for one person. Formerly designated as the ''Computed Allowance Minimum'' or ''CAM,'' the Self-Support Reserve, as it is termed in most other states' guidelines, is intended to assure that low-income obligors retain sufficient income to meet their own basic needs, as well as to maintain the incentive to continue employment. The SSR is built into the schedule in Rule 1910.16-3 and adjusts the basic support obligation to prevent the obligor's net income from falling below $[748] 867 per month. Because the schedule in Rule 1910.16-3 applies to child support only, Rule 1910.16-2(e)(1)(B) provides for a similar adjustment in spousal support and alimony pendente lite cases to assure that the obligor retains a minimum of $[748] 867 per month.

 E. Shared Custody. [Prior to the amendments effective in April of 1999, there was no formula or procedure for deviating from the basic support guidelines when custody was shared equally or the non-custodial parent has substantial partial custody. Prior to 1999, the guidelines provided that the obligor's support obligation should be reduced only if he or she spent ''an unusual amount of time with the children.''

 As part of the review process that resulted in the 1999 amendments, the committee considered the practices of several other jurisdictions and ultimately selected a method which gave some recognition to the shift in child-related expenditures that occurs when the obligor spends a substantial amount of time with the children. While recognizing that it was not a perfect solution to the problem of establishing support obligations in the context of substantial or shared custody, it was preferable to the diverse offset methods which had been developed by local courts. Its chief advantage was that it provided statewide uniformity and avoided a sharp reduction in the obligation at certain thresholds. These amendments do not change that rule.]

 In creating the new schedule, the amounts of basic child support were first increased to reflect updated economic data, including 2008 price levels. Next, the amounts of basic child support were adjusted to incorporate into the schedule the 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. That does not mean that the entire schedule was reduced by 30%. Only those variable expenditures, such as food and entertainment that fluctuate based upon parenting time were adjusted.

 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 revised schedule assumes that the obligor has 30% parenting time. 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 may still 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.

 F. Child Care Expenses. Rule 1910.16-6(a) [has been] was amended in 2006 to provide that child care expenses incurred by both parties shall be apportioned between the parties in recognition of the fact that a non-custodial parent also may [also] incur such expenses during his or her custodial periods with the children.

 G. Spousal Support and Aliony Pendente Lite. Subdivision (c) has been amended to require the court to consider the duration of the marriage in determining the duration of a spousal support or alimony pendente lite award. The language was moved from Rule 1910.16-5 which deals with deviation. The primary purpose of this provision 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.

 H. Other Amendments. All of the examples in the guidelines have been updated to reflect the changes to the basic child support schedule. Prior explanatory comments have been deleted or revised and incorporated into new comments.

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.

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 (b) Treatment of Public Assistance, SSI Benefits, [ and ] Social Security Payments to a Child Due to a Parent's Death, Disability or Retirement and Foster Care Payments.

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 (3) 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 $[568] 551 per month. From that amount, subtract the amount the child is receiving in Social Security derivative benefits ($[568] 551 minus $300 equals $[268] 251). Then, apply the formula at Rule 1910.16-4 to apportion the remaining child support amount of $[268] 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 $[268] 251, or $[161] 151, per month.
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, the amount she receives on behalf of the children from the trust. Therefore, the obligee's and the obligor's combined net monthly incomes total $2,000. 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 $[820] 831. Subtracting from that amount the $400 in Social Security derivative benefits Grandmother receives for the children, results in a basic support amount of $[420] 431 [to be apportioned between the parties]. As Mother's income is 75% of the parties' combined income of $2,000, her support obligation to Grandmother is $[315] 323 per month.

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 (d) Reduced or Fluctuating Income.

 (1) Voluntary Reduction of Income. When either party voluntarily assumes a lower paying job, quits a job, leaves employment, changes occupations or changes employment status to pursue an education, or is fired for cause, there generally will be no effect on the support obligation.

 (2) Involuntary Reduction of, and Fluctuations in, Income. No adjustments in support payments will be made for normal fluctuations in earnings. However, appropriate adjustments will be made for substantial continuing involuntary decreases in income, including but not limited to the result of illness, lay-off, termination, job elimination or some other employment situation over which the party has no control unless the trier of fact finds that such a reduction in income was willfully undertaken in an attempt to avoid or reduce the support obligation.

 (3) Seasonal Employees. Support orders for seasonal employees, such as construction workers, shall ordinarily be based upon a yearly average.

 (4) Earning Capacity. [Ordinarily, either] If the trier of fact determines that a party to a support action [who] has willfully [fails] failed to obtain or maintain appropriate employment, [will be considered to have] the trier of fact may impute to that party an income equal to the party's earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity. For an earning capacity to be assessed, the trier of fact must state the reasons for the assessment in writing or on the record. Generally, the trier of fact should not impute an earning capacity that is greater than the amount the party would earn from one full-time position. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours, working conditions and whether a party has exerted substantial good faith efforts to find employment.

 (e) Net Income Affecting Application of the [ Child ] Support Guidelines.

 (1) Low Income Cases.

 (A) When the obligor's monthly net income and corresponding number of children fall into the shaded area of the schedule set forth in Rule 1910.16-3, the basic child support obligation shall be calculated using the obligor's income only. For example, where the obligor has monthly net income of $[850] 950, the presumptive amount of support for three children is $[94] 77 per month. This amount is determined directly from the schedule in Rule 1910.16-3.

 (B) In computing a basic spousal support or alimony pendente lite obligation, the presumptive amount of support shall not reduce the obligor's net income below [$748] the Self-Support Reserve of $867 per month. For example, if the obligor earns $[800] 1,000 per month and the obligee earns $300 per month, the formula in Part IV of Rule 1910.16-4 would result in a support obligation of $[200] 280 per month. Since this amount leaves the obligor with only $[600] 720 per month, it must be adjusted so that the obligor retains at least $[748] 867 per month. The presumptive minimum amount of spousal support, therefore, is $[52] 133 per month in this case.

 (C) When the obligor's monthly net income is $[748] 867 or less, the court may award support only after consideration of the obligor's actual living expenses.

 (2) High Income [ Child Support ] Cases. [When the parties' combined net income exceeds $20,000 per month, child support shall be calculated pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). The presumptive minimum amount of child support shall be the obligor's percentage share of the highest amount of support which can be derived from the schedule for the appropriate number of children and using the parties' actual combined income to determine the obligor's percentage share of this amount. The court may award an additional amount of child support based on the parties' combined income and the factors set forth in Melzer. The Melzer analysis in high income child support cases shall be applied to all of the parties' income, not just to the amount of income exceeding $20,000 per month. In a Melzer analysis case, the presumptive minimum remains applicable.

For example, where the obligor and the obligee have monthly net incomes of $17,000 and $4,000 respectively, the presumptive minimum amount of child support for three children is calculated as follows: using the formula in Rule 1910.16-4, determine the parties' percentage shares of income based on their actual combined income—81% and 19% respectively of $21,000. Using the schedule in Rule 1910.16-3, find the highest possible combined child support obligation for three children—$3,018. The obligor's percentage share of the combined obligation is 81% of $3,018, or $2,445. This is the presumptive minimum amount of child support that he or she must pay for three children. Since this amount is derived from the schedule in Rule 1910.16-3, which is limited to combined household income of $20,000, the court may award an additional amount of support based on the factors set forth in Melzer.]

 When the parties' combined net income exceeds $30,000 per month, calculation of child support, spousal support and alimony pendente lite shall be pursuant to Rule 1910.16-3.1.

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Explanatory Comment—[2005] 2010

 Subdivision (a) addresses gross income for purposes of calculating the support obligation by reference to the statutory definition at 23 Pa.C.S.A. § 4322. Subdivision (b) provides for the treatment of public assistance, SSI benefits, [and] Social Security derivative benefits and foster care payments.

 Subdivision (c) sets forth the exclusive list of the deductions that may be taken from gross income in arriving at a party's net income. When the cost of health insurance premiums is treated as an additional expense subject to allocation between the parties under Rule 1910.16-6, it is not deductible from gross income. However, part or all of the cost of health insurance premiums may be deducted from the obligor's gross income pursuant to Rule 1910.16-6(b) in cases in which the obligor is paying the premiums and the obligee has no income or minimal income. Subdivision (c) relates to awards of spousal support or alimony pendente lite when there are multiple families. In these cases, a party's net income must be reduced to account for his or her child support obligations, as well as any pre-existing spousal support, alimony pendente lite or alimony obligations being paid to former spouses who are not the subject of the support action.

 Subdivision (d) has been amended to clarify the distinction between voluntary and involuntary changes in income and the imputing of earning capacity. [Since the payment of support is a priority, subsection (1) reflects current case law which, for example, holds that a party's decision to forego current employment in order to further his or her education should be treated no differently than a decision to change jobs or occupations which results in a lower income. Kersey v. Jefferson, 791 A.2d 419 (Pa. Super. Ct. 2002); Grimes v. Grimes, 596 A.2d 240 (Pa. Super. Ct. 1991)] Statutory provisions at 23 Pa.C.S.A. § 4322, as well as case law, are clear that a support obligation is based upon the ability of a party to pay, and that the concept of an earning capacity is intended to reflect a realistic, rather than a theoretical, ability to pay support. Amendments to subdivision (d) are intended to clarify when imposition of an earning capacity is appropriate.

 Subdivision (e) has been amended to reflect the updated schedule in Rule 1910.16-3 and the increase in the Self-Support Reserve (''SSR'') [, formerly referred to as the Computed Allowance Minimum (''CAM'')]. The schedule now applies to all cases in which the parties' combined net monthly income is $[20,000] 30,000 or less. The upper income limit of the prior schedule was only $[15,000] 20,000. The amount of support at each income level of the schedule also has changed, so the examples in Rule 1910.16-2 were revised to be consistent with the new support amounts.

 The SSR is intended to assure that obligors with low incomes retain sufficient income to meet their basic needs and to maintain the incentive to continue employment. When the obligor's net monthly income or earning capacity falls into the shaded area of the schedule, the basic child support obligation can be derived directly from the schedule in Rule 1910.16-3. There is no need to use the formula in Rule 1910.16-4 to calculate the obligor's support obligation because the SSR keeps the amount of the obligation the same regardless of the obligee's income. The obligee's income may be a relevant factor, however, in determining whether to deviate from the basic guideline obligation pursuant to Rule 1910.16-5 and in considering whether to require the obligor to contribute to any additional expenses under Rule 1910.16-6.

 Since the schedule in Rule 1910.16-3 sets forth basic child support only, subdivision (e)(1)(B) is necessary to reflect the operation of the SSR in spousal support and alimony pendente lite cases. It adjusts the basic guideline obligation, which would otherwise be calculated under the formula in Rule 1910.16-4, so that the obligor's income does not fall below the SSR amount in these cases.

 Previously, the [CAM] SSR required that the obligor retain at least $[550] 748 per month. The SSR now requires that the obligor retain income of at least $[748] 867 per month, an amount equal to the [2003] 2008 federal poverty level for one person. When the obligor's monthly net income is less than $[748] 867, subsection (e)(1)(C) provides that the court must consider the parties' actual living expenses before awarding support. The guidelines assume that at this income level the obligor is barely able to meet basic personal needs. In these cases, therefore, entry of a minimal order may be appropriate. In some cases, it may not be appropriate to order support at all.

 The schedule at Rule 1910.16-3 sets forth the presumptive amount of basic child support to be awarded. If the circumstances warrant, the court may deviate from that amount under Rule 1910.16-5 and may also consider a party's contribution to additional expenses, which are typically added to the basic amount of support under Rule 1910.16-6. If, for example, the obligor earns only $[800] 900 per month but is living with his or her parents, or has remarried and is living with a fully-employed spouse, the court may consider an upward deviation under Rule 1910.16-5(b)(3) and/or may order the party to contribute to the additional expenses under Rule 1910.16-6. Consistent with the goals of the SSR, however, the court should ensure that the overall support obligation leaves the obligor with sufficient income to meet basic personal needs and to maintain the incentive to continue working so that support can be paid.

 Subdivision (e) also [reflects the limited] has been amended to eliminate the application of Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), [to cases in which the guidelines cannot be used to establish the child support obligation because the parties' combined income exceeds $20,000 per month] in high income child support cases. [The court must establish a presumptive minimum amount of child support using the guidelines to arrive at that amount. The formula for calculating the presumptive minimum amount provides that the parties' percentage shares should be calculated using their actual combined income rather than the theoretical combined income of only $20,000. In considering whether to award an additional amount of child support, the court must apply the factors set forth in Melzer to all of the parties' combined income, not just the amount over $20,000 per month. It would be improper to apply the formula in Rule 1910.16-4 to the amount of the parties' combined income which exceeds $20,000 per month and award the obligor's percentage share as additional support. Additional support, if any, may be more or less than the percentage share and must be determined, therefore, in accordance with the factors set forth in Melzer. The presumptive minimum shall apply even if the Melzer analysis results in a lower amount] In cases in which the parties' combined net monthly income exceeds $30,000, child support will be calculated in accordance with the three-step process in new Rule 1910.16-3.1(a).

Rule 1910.16-3. Support Guidelines. Basic Child Support Schedule.

 The following schedule sets forth the amounts spent on children in intact families by combined income and number of children. Combined income is on the vertical axis of the schedule and number of children is on the horizontal axis of the schedule. This schedule is used to find the basic child support obligation. Unless otherwise provided in these rules, the obligor's share of the basic support obligation shall be computed using the formula set forth in Part I of Rule 1910.16-4.

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