The trier-of-fact may allocate between the parties the additional expenses in subdivisions (a)-(e). even when a basic support order is inappropriate under the facts of the case, the trier-of-fact may allocate between the parties the additional expenses.
Except for the subdivisions (b)(4) and (e) expenses, the trier-of-fact shall calculate the parties' proportionate share of the additional expenses after adjusting the parties' monthly net income by the spousal support or alimony pendente lite obligation received or paid, and dividing each party's adjusted monthly net income by the parties' combined monthly net income. However, the trier-of-fact shall not adjust the parties' monthly net incomes when apportioning the expenses in child support only cases.
Example. Mother has primary custody of the parties' two children and Father has partial custody. The parties' respective monthly net incomes are $2,000 and $3,500. At the combined monthly net income of $5,500 for two children, the basic child support obligation is $1,567. As Father's income represents 64% of the parties' combined monthly net income, Father's basic child support obligation is $1,003. Mother incurs monthly child care expenses of $400, and Father incurs $100 per month. The total child care expenses, $500, will be apportioned between the parties, with Father paying 64%, or $320. As Father is paying $100 for the children's child care during in his partial custody, he would pay the remaining $220 to Mother for a total child support obligation of $1,223 ($1,003 + $220).
Example 1. If the parties are separated, but not divorced, and Husband pays $200 monthly for employer-provided health insurance for himself, Wife, the parties' child, and two additional children from a previous marriage, the premium attributable to the additional two children, if not otherwise verifiable or known with reasonable ease and certainty, is calculated by dividing $200 by five persons and then multiplying the resulting amount of $40 per person by the two additional children, for a total of $80 to be excluded from allocation. Deduct this amount from the total premium to arrive at the premium to be allocated between the parties- $120. Since Husband is paying the premium, and spouses have a statutory duty to support one another pursuant to 23 Pa.C.S. § 4321, Wife's percentage share of the $120 is deducted from Husband's support obligation. If Wife had been providing the coverage, Husband's percentage share would be added to his basic support obligation.
Example 2. If the parties are divorced and Father pays $200 monthly for employer-provided health insurance for himself, the parties' child, and two additional children from a previous marriage, the premium attributable to Father and the two additional children will not be allocated between the parties. Thus, using the same calculations in Example 1, the premium attributable to Father and the two other children is $150 ($200 premium divided among four covered persons equals $50 per person multiplied by three) and that amount is deducted from the total premium, leaving $50 ($200 - $150 = $50) to be allocated between the parties.
Example 3. The parties are divorced, and Mother is the obligee of a child support order. Father, the obligor, pays $200 monthly for employer-provided health insurance for month for her employer-provided health insurance that covers only herself. The premium Father pays to cover the parties' child, $100 ($200 premium divided between two covered persons, Father and the child), will be allocated between the parties in proportion to their respective monthly net incomes. The premium that covers Father will not be allocated because the parties are no longer married, and he is not owed a duty of support by Mother. The premium Mother pays to provide her own coverage will not be allocated because the parties are no longer married and she is not owed a duty of support by Father.
231 Pa. Code r. 1910.16-6