Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.16-1 - Support Obligation. Support Guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
(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.