231 Pa. Code r. 1910.16-1

Current through Register Vol. 54, No. 44, November 2, 2024

Rule 1910.16-1 - Support Obligation. Support Guidelines

(a)Applicability of the Support Guidelines.

(1) Except as provided in subdivision (a)(3), the support guidelines determine a spouse's or parent's support obligation based on the parties' combined monthly net income, as defined in 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 name the parents as defendants;

(ii) in determining the basic child support obligation, the monthly net income for the individual initiating the action shall not be considered in the support calculation by the trier-of-fact;

(iii) the parents' monthly net incomes shall be combined to determine the basic child support obligation, which shall be apportioned based on the parents' respective monthly net incomes consistent with Pa.R.C.P. No. 1910.16-4. The parents shall pay the obligee their proportionate share of the basic child support obligation as a separate obligor; and

(iv) as with other support actions, the trier-of-fact may adjust or deviate the basic child support, spousal support, or alimony pendente lite obligation consistent with the support guidelines based on the evidence presented by the parties.

Example 1. The parents have one child, who is in the custody of the maternal grandmother. Maternal grandmother initiates a support action against the parents. Mother's monthly net income is $3,000 and Father's monthly net income is $2,000 for a combined monthly net 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 at a combined monthly net income of $5,000 is $993 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 $596 ($993 x 60%) and Father's preliminary monthly share of the child support obligation is $397 ($993 x 40%). Maternal grandmother is the obligee with Mother and Father as separate obligors owing $596 and $397, respectively, to the maternal grandmother.

(3) In an action in which the plaintiff is a public body or private agency pursuant to Pa.R.C.P. No. 1910.3, the basic child support obligation shall be calculated under the guidelines based upon the parent's monthly net income with the public or private entity's monthly net income as zero. In such cases, each parent shall be treated as a separate obligor, and the parent's obligation will be based upon the parent's monthly net income without regard to the other parent's monthly net income.

(i) The basic child support obligation owed to a child not in placement shall be deducted from each parent's monthly net income before calculating support for the child in placement, including the direct support the support guidelines assume the custodial parent will provide.

Example 2. The parents have three children and do not live in the same household. Mother has primary custody of two children and monthly net income of $2,500 per month. Father's monthly net income is $4,000. The parties' third child is in foster care placement. Pursuant to the schedule in Pa.R.C.P. No. 1910.16-3, the basic child support obligation for the two children with Mother is $1,733. As Father's income is 62% of the parties' combined monthly net income, Father's basic child support obligation to Mother is $1,074 per month. The guidelines assume that Mother will provide $659 per month in direct expenditures to the two children. The agency/obligee brings an action against each parent for the support of the child in placement. Father/obligor's monthly net income will be $2,926 for purposes of this calculation ($4,000 less $1,074 in support for the children with Mother). As the agency/obligee's income is zero, Father's support for the child in placement will be 100% of the basic child support obligation for one child at the $2,926 income level, or $674 per month. Mother/obligor's net income will be $1,841 for purposes of this calculation ($2,500 less $659 in direct support to the children in Mother's custody). Mother's support obligation will be 100% of the basic child support obligation for one child at that income level, or $423 per month.

Example 3. The parents 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 in Example 2, Father's monthly net income for determining his obligation to the children in placement would be $3,500 ($4,000 less $500 support for two children of prior marriage). Father's obligation to the agency would be $1,205 per month (100% of the basic child support obligation for two children at the $3,500 per month income level). Mother's monthly net income would not be diminished as she owes no other child support. Mother would owe $877 for the children in placement (100% of the basic child support obligation for two children at the $2,500 income level).

(ii) If the parents reside in the same household, each parent's respective basic child support obligation to a child that remains in the household and is not in placement shall be calculated according to the guidelines, with the parent having the higher income as the obligor, and the calculated basic child support obligation shall be deducted from the parents' monthly net incomes for purposes of calculating support for a child in placement.

Example 4. The parents have four children, two of whom are in placement. Mother's monthly net income is $4,000 and Father's is $3,000. The basic child support obligation for the two children in the home is $1,841, according to the schedule in Pa.R.C.P. No. 1910.16-3. As Mother's monthly net income is 57% of the parties' combined monthly net income, her share would be $1,049, and Father's 43% share would be $792. Mother's monthly net income for purposes of calculating support for the two children in placement would be $2,951 ($4,000 less $1,049). She would pay 100% of the basic child support obligation at that income level, or $1,026, for the children in placement. Father's monthly net income would be $2,208 ($3,000 less $792), and his obligation to the children in placement would be $772.

(iii) If the basic child support obligation exceeds the placement's cost, the trier-of-fact shall:

(A) deviate the basic child support obligation downward; and

(B) apply the parent's percentage of the combined monthly net income to the reduced basic child support obligation.

(4) The support of a spouse or child is a priority obligation so that a party is expected to meet this obligation by adjusting the party's other expenditures.

(b)Support Obligation. The support obligation (child support, spousal support, or alimony pendente lite) awarded pursuant to the Pa.R.C.P. Nos. 1910.11 and 1910.12 procedures shall be determined in accordance with the support guidelines, which consist of the guidelines expressed as the basic child support schedule in Pa.R.C.P. No. 1910.16-3, the Pa.R.C.P. No. 1910.16-4 formulas, and the operation of the support guidelines as set forth in these rules.

(c)Spousal Support and Alimony Pendente Lite.

(1) Spousal support and alimony pendente lite orders shall not be in effect simultaneously.

(2) In determining a spousal support or alimony pendente lite obligation's duration, the trier-of-fact shall consider the marriage's duration, i.e., the date of marriage to the date of final separation.

(d)Rebuttable Presumption. If the trier-of-fact determines that a party has a duty to pay support, there is a rebuttable presumption that the guideline-calculated support obligation is the correct support obligation.

(1) The presumption is rebutted if the trier-of-fact concludes in a written finding or states on the record that the guideline support obligation is unjust or inappropriate.

(2) The trier-of-fact shall consider the child's and parties' special needs and obligations, and apply the Pa.R.C.P. No. 1910.16-5 deviation factors, as appropriate.

(e)Support Guidelines Review. The support guidelines shall be reviewed at least every four years to ensure that their application determines the appropriate support obligation.

231 Pa. Code r. 1910.16-1

The provisions of this Rule 1910.16 -1 adopted September 6, 1989, effective 9/30/1989, 19 Pa.B. 4151; amended January 27, 1993, effective immediately, 23 Pa.B. 701; amended December 7, 1998, effective 4/1/1999, 28 Pa.B. 6162; amended October 27, 2000; effective immediately, 30 Pa.B. 5837; amended August 20, 2003, effective immediately, 33 Pa.B. 4435; amended September 27, 2005, effective 4 months from date of this order, 35 Pa.B. 5643; amended January 12, 2010, effective 5/12/2010, 40 Pa.B. 586; amended April 9, 2013, effective 8/9/2013, 43 Pa.B. 2272; amended February 10, 2017, effective 5/1/2017, 47 Pa.B. 1123; amended August 3, 2017, effective 10/1/2017, 47 Pa.B. 4813; amended December 28, 2018, effective 1/1/2019, 49 Pa.B. 170; amended August 17, 2021, effective 1/1/2022, 51 Pa.B. 5539.