Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.16-7 - Support Guidelines. Multiple Family Child Support Obligations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an
				obligor's basic child support obligations total 50% or less of the obligor's
				monthly net income, there will be no deviation from the basic support
				obligation on the ground of the existence of a new family.
Example
: If 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 obligor's basic
				  support obligations total $1,138 ($576 for the first child and $562 for the
				  second child) and are less than half of the obligor's monthly net
				  income.
(b) When the total
				of the obligor's basic support obligations exceeds 50% of the obligor's monthly
				net income, the trier-of-fact may proportionately reduce the basic support
				obligations.
(1) The goal of the guidelines is
				to treat each child equitably, and a first or later family shall not receive
				preference.
(2) The trier-of-fact
				shall not divide the basic child support obligations 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 $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 obligor's basic child support obligations to each family are
				  $1,140 for the two children of the first marriage, $854 for the one child of
				  the second marriage, and $743 for the one child out of wedlock for a total of
				  $2,737. Since the total of these obligations exceeds 50% of the obligor's
				  monthly net income of $3,800, the trier-of-fact may consider a proportional
				  reduction 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 $2,500
				  for the obligor, $0 for the first spouse, and $500 for the second spouse. The
				  obligor's basic child support obligation to each family is $877 for the two
				  children of the first marriage and $1,040 for the three children of the second
				  marriage for a total support obligation of $1,917. Since the total obligation
				  leaves the obligor with only $583 on which to live, the orders are too high as
				  the obligor must be left with a Self-Support Reserve of $1,063. 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 shall be reduced proportionally.
Example 3
. The obligor is sued by three
				  obligees to establish orders for three children. The monthly net income for the
				  obligor and for each obligee is $1,500. The trier-of-fact would determine that
				  the obligor's basic child support obligation for each child is $346 for a total
				  of $1,038 for three children. It would be incorrect to determine the basic
				  child support obligation for three children, in this case $1,253, and divide
				  that amount among the three children. As the obligations exceed 50% of the
				  obligor's monthly net income, the support orders should be reduced
				  proportionately consistent with subdivision (b) and ensure the obligor retains
				  the Self-Support Reserve of $1,063 consistent with Pa.R.C.P. No.
				  1910.16-2(e).