[51 Pa.B. 5539]
[Saturday, September 4, 2021]
[Continued from previous Web Page] Rule 1910.16-3.1. Support Guidelines. High-Income Cases.
[(a) Child Support Formula. If the parties' combined monthly net income exceeds $30,000, the following three-step process shall be applied to calculate the parties' respective child support obligations. The support amount calculated pursuant to this three-step process shall not be less than the support amount that would have been awarded if the parties' combined monthly net income was $30,000. The calculated amount is the presumptive minimum support amount.
(1) The following formula shall be applied as a preliminary analysis in calculating the basic child support amount apportioned between the parties according to their respective monthly net incomes:
One child: $2,839 + 8.6% of combined monthly net income above $30,000. Two children: $3,902 + 11.8% of combined monthly net income above $30,000. Three children: $4,365 + 12.9% of combined monthly net income above $30,000. Four children: $4,824 + 14.6% of combined monthly net income above $30,000. Five children: $5,306 + 16.1% of combined monthly net income above $30,000. Six children: $5.768 + 17.5% of combined monthly net income above $30,000; (2) The trier-of-fact shall apply the formulas in Pa.R.C.P. No. 1910.16-4(a)(1)(Part D) and (Part E) or (2)(Part II) and (Part III), adjusting for substantial or shared custody pursuant to Pa.R.C.P. No. 1910.16-4(c) and allocating additional expenses pursuant to Pa.R.C.P. No. 1910.16-6, as appropriate;
(3) The trier-of-fact shall consider the factors in Pa.R.C.P. No. 1910.16-5 in making a final child support award and shall make findings of fact on the record or in writing. After considering the factors in Pa.R.C.P. No. 1910.16-5, the trier-of-fact may adjust the amount calculated pursuant to subdivisions (1) and (2), subject to the presumptive minimum.]
(a) Child Support.
(1) Presumptive Minimum Basic Child Support Obligation.
(i) The presumptive minimum basic child support obligation is the support obligation that the trier-of-fact would have awarded if the parties' combined monthly net income was $30,000.
(ii) When the parties' combined monthly net income exceeds $30,000, the calculated support obligation shall not be less than the presumptive minimum basic child support obligation.
(2) High-Income Child Support Calculation. With the following three-step process, the trier-of-fact shall calculate the total child support obligation.
(i) Preliminary Analysis. Using the following formula, the trier-of-fact shall:
(A) calculate the basic child support obligation based on the parties' combined monthly net income; and
(B) apportion the basic child support obligation based on the parties' respective monthly net incomes.
One child: $3,608 + 4.0% of combined monthly net income above $30,000. Two children: $4,250 + 4.0% of combined monthly net income above $30,000. Three children: $4,951 + 4.7% of combined monthly net income above $30,000. Four children: $5,530 + 5.3% of combined monthly net income above $30,000. Five children: $6,083 + 5.8% of combined monthly net income above $30,000. Six children: $6,613 + 6.3% of combined monthly net income above $30,000. (ii) Substantial or Equally Shared Custody Adjustment. The trier-of-fact shall adjust the basic child support obligation calculated in subdivision (a)(2)(i) for substantial or equally shared custody as set forth in Pa.R.C.P. No. 1910.16-4(c).
(iii) Final Analysis—Reasonable Needs.
(A) In determining the total child support obligation, the trier-of-fact shall consider the child's reasonable needs based on:
(I) the deviation factors in Pa.R.C.P. No. 1910.16-5;
(II) the additional expenses set forth in Pa.R.C.P. No. 1910.16-6; and
(III) the parties' expense statements required by Pa.R.C.P. No. 1910.11(c)(2) and Pa.R.C.P. No. 1910.27(c)(2)(B).
(B) Subject to the presumptive minimum basic child support obligation, the trier-of-fact may upwardly or downwardly adjust the support obligation calculated in subdivisions (a)(2)(i) and (ii) based on the child's reasonable needs.
(3) Final Order. As part of the final order, the trier-of-fact shall state on the record or in writing:
(i) findings of fact; and
(ii) the reasons for awarding the total child support obligation, including:
(A) a discussion of the child's reasonable needs; and
(B) the adjustments or deviations made to the basic child support obligation.
(b) Spousal Support [and] or Alimony Pendente Lite. [In cases in which]
(1) Preliminary Analysis. When the parties' combined monthly net income exceeds $30,000, the trier-of-fact shall apply the formula in either Pa.R.C.P. No. 1910.16-4(a)(1)(Part B) or [(2)(Part IV) as a preliminary analysis] (a)(2)(Part IV) in calculating spousal support or alimony pendente lite. [In determining the final spousal support or alimony pendente lite amount and duration, the trier-of-fact shall consider the factors in Pa.R.C.P. No. 1910.16-5 and shall make findings of fact on the record or in writing.]
(2) Final Analysis. In determining the total spousal support or alimony pendente lite obligation, the trier-of-fact shall consider:
(i) the deviation factors in Pa.R.C.P. No. 1910.16-5;
(ii) the additional expenses set forth in Pa.R.C.P. No. 1910.16-6; and
(iii) the parties' expense statements required by Pa.R.C.P. No. 1910.11(c)(2) and Pa.R.C.P. No. 1910.27(c)(2)(B).
(3) Final Order. As part of the final order, the trier-of-fact shall state on the record or in writing:
(i) findings of fact; and
(ii) the reasons for awarding the final spousal support or alimony pendente lite obligation, including the adjustments or deviations made to the basic spousal support or alimony pendente lite obligation.
Explanatory Comment—2010 Pa.R.C.P. No. 1910.16-3.1 is intended to bring all child support cases under the guidelines and treat similarly situated parties similarly. Thus, high-income child support cases no longer will be decided pursuant to Melzer v. Witsberger, 480 A.2d 991 (Pa. 1984). Economic data support the basic child support schedule up to combined net incomes of $30,000 per month. Above that amount, economic data are not readily available. Thus, for cases in which the parties' combined monthly net income is above $30,000, the formula first applies a fixed percentage to calculate the support amount. The formula is an extrapolation of the available economic data to high-income cases. Spousal support and alimony pendente lite awards in high-income cases are preliminarily calculated pursuant to the formulas in either Pa.R.C.P. No. 1910.16-4(a)(1)(Part B) or (2)(Part IV). However, in both high-income child support and spousal support and high-income child support and alimony pendente lite cases, the trier-of-fact is required to consider the factors in Pa.R.C.P. No. 1910.16-5 before entering a final order and to make findings of fact on the record or in writing. Pursuant to Pa.R.C.P. No. 1910.11(c)(2), in all high-income cases, the parties must submit an Income Statement and the Expense Statement at Pa.R.C.P. No. 1910.27(c)(2)(B) to enable the trier-of-fact to consider the factors in Pa.R.C.P. No. 1910.16-5.
* * * * *
Rule 1910.16-4. Support Guidelines. Calculation of Support Obligation, Formula.
* * * * * PART A. CALCULATION OF MONTHLY NET INCOME OBLIGOR OBLIGEE
1. Total Gross Income per pay period ______ ______
(See Pa.R.C.P. No. 1910.16-2(a))
2. Deductions (______) (______
(See Pa.R.C.P. No. 1910.16-2(c))
3. Net Income ______ ______
(line 1 minus line 2)
4. Conversion to Monthly Net Income ______ ______
(if pay period is other than monthly)
PART B. SPOUSAL SUPPORT OR ALIMONY PENDENTE LITE
Without With
Dependent Dependent
Children Children5. Obligor's Monthly Net Income ______ ______
(line 4)
6. Obligor's child support, (______) (______)
spousal support, alimony pendente
lite, or alimony obligations to children
or former spouses who are not part
of this action, if any.
(See Pa.R.C.P. No. 1910.16-2(c)(2))
7. Obligor's Net Income available ______ ______
for spousal support or
alimony pendente lite
(line 5 minus line 6)
8. Obligor's Net Income percentage × 33% × 25%
for spousal support or alimony
pendente lite
9. Obligor's proportionate share of ______ ______
spousal support or alimony
pendente lite
(line 7 multiplied by line 8)
10. Obligee's Monthly Net Income ______ ______
(line 4)
11. Obligee's Net Income percentage × 40% × 30%
for spousal support or alimony
pendente lite
12. Obligee's proportionate share of ______ ______
spousal support or alimony
pendente lite
(line 10 multiplied by line 11)
13. Preliminary Monthly Spousal Support or ______
Alimony Pendente Lite [amount] Obligation
(line 9 minus line 12—if the result is
less than zero, enter a zero on line 13)
14. Adjustments for Part E Additional Expenses ______
(See Pa.R.C.P. No. 1910.16-6)
15. Total Monthly Spousal Support ______
or Alimony Pendente Lite [Amount] Obligation
(line 13 plus or minus line 14, as
appropriate)
PART C—BASIC CHILD SUPPORT
OBLIGOR OBLIGEE
16. Monthly Net Income ______ ______
(line 4 and add the child's monthly
Social Security Disability or
Retirement Derivative benefit
amount, if any, to the Monthly Net
Income of the party receiving the
benefit pursuant to Pa.R.C.P. No.
1910.16-2(b)(2)(i) or (ii).
17. Preliminary Monthly Spousal Support ( ) +
or Alimony Pendente Lite [amount] Obligation,
if any.
(line 13)
18. Adjusted Monthly Net Income ______ ______
(for obligor, line 16 minus line 17;
for obligee, line 16 plus line 17)
19. Combined Monthly Net Income ______
(obligor's line 18 plus obligee's line 18)
20. Basic Child Support Obligation ______
(determined from child support [schedules] schedule
in Pa.R.C.P. No. 1910.16-3 based on the
number of children and line 19)
21. Net Income expressed as a % %
percentage of Combined
Monthly Net Income
(line 18 divided by line 19
and multiplied by 100)
22. Preliminary Monthly Basic Child ______ ______
Support Obligation
(line 20 multiplied by line 21)
23. Child's Social Security Derivative ______ ______
Disability or Retirement Benefit.
(if the benefits are paid to the obligee,
enter the benefit amount on the line for
the party whose retirement or disability
created the child's benefit pursuant to
Pa.R.C.P. No. 1910.16-2(b))
24. Adjusted Monthly Basic Child ______ ______
Support Obligation
(line 22 minus line 23—if the result is
less than zero, enter a zero on line 24)
PART D. SUBSTANTIAL OR SHARED PHYSICAL CUSTODY ADJUSTMENT, IF APPLICABLE (See subdivision (c))
25. a. Percentage of time obligor spends %
with [children] the child (divide number of overnights
with the obligor by 365 and multiply by 100)
b. Subtract 30% ( 30%)
c. Difference %
(line 25a minus line 25b)
d. Obligor's Adjusted Percentage Share %
of the [Basic Monthly] Basic Child Support Obligation
(line 21 minus line 25c)
e. Obligor's Preliminary Adjusted ______
[Basic Monthly] Basic Child Support Obligation
(line 20 multiplied by line 25d)
f. Further adjustment, if necessary under ______
subdivision (c)(2)
g. Obligor's Adjusted Basic Child ______
Support [Amount] Obligation
PART E. ADDITIONAL EXPENSES (See Pa.R.C.P. No. 1910.16-6)
26. a. Obligor's Share of Child Care Expenses ______
b. Obligor's Share of Health Insurance ______
Premium (if the obligee is paying the premium)
c. Obligee's Share of the Health Insurance (______)
Premium (if the obligor is paying the premium)
d. Obligor's Share of Unreimbursed Medical ______
Expenses
e. Other Additional Expenses ______
f. Total Additional Expenses ______
(add lines 26a, b, d, and e, then subtract
line 26c)
27. Obligor's Total Monthly Child Support ______
Obligation (line 24 or 25g plus
line 26f, if applicable)
(2) The formula in Parts I through IV is for a modification of an order entered before January 1, 2019 that includes spousal support or alimony pendente lite.
Official Note: See subdivision (1) for an order entered on or after January 1, 2019, or for a modification of an order entered before January 1, 2019 that includes spousal support or alimony pendente lite in which the amendments to the Internal Revenue Code made by Tax Cuts and Jobs Act of 2017 (Pub.L. No. 115-97) expressly apply to the modification.
PART I. BASIC CHILD SUPPORT
OBLIGOR OBLIGEE
1. Total Gross Income Per Pay Period ______ ______
(See Pa.R.C.P. No. 1910.16-2(a))
2. Deductions (______) (______)
(See Pa.R.C.P. No. 1910.16-2(c))
3. Net Income ______ ______
(line 1 minus line 2)
4. Conversion to Monthly [Amount] Net Income
(if pay period is other than monthly)
Include the child's monthly Social
Security derivative benefit amount,
if any, in the monthly net income of
the party receiving the benefit pursuant to
Pa.R.C.P. No. 1910.16-2(b)(2)(i) or (ii). ______ ______
5. Combined [Total] Monthly Net Income ______
(obligor's line 4 plus obligee's line 4)
6. Basic Child Support Obligation
(determined from schedule at
Pa.R.C.P. No. 1910.16-3 based on
number of children and line 5) ______
7. Net Income Expressed as a Percentage
[Share of Income] of Combined Monthly
Net Income (divide line 4 by line 5 and
multiply by 100) % %
8. [Each Party's Preliminary Monthly Share
of the] Preliminary Basic Child
Support Obligation
(multiply line 6 and 7) ______ ______
9. Child's Social Security Derivative
Disability or Retirement Benefit
(if the benefits are paid to the obligee, enter
the benefit amount on the line for the party
whose retirement or disability created the
child's benefit) ______ ______
10. [Each Party's Adjusted Monthly Share
of the] Adjusted Basic Child Support Obligation
(line 8 minus line 9—if the result is
less than zero, enter a zero
on line 10) ______ ______
PART II. SUBSTANTIAL OR SHARED PHYSICAL CUSTODY ADJUSTMENT, IF APPLICABLE (See subdivision (c))
11. a. Percentage of Time Obligor Spends
with Children (divide number of overnights
with the obligor by 365 and multiply by 100) %
b. Subtract 30% ( %)
c. Obligor's Adjusted Percentage Share
of the [Basic Monthly] Basic Child Support Obligation
(subtract result of calculation in line 11b
from line 7) %
d. Obligor's Preliminary Adjusted [Share of
the Basic Monthly] Basic Child Support Obligation
(multiply line 11c and line 6) ______
e. Further adjustment, if necessary under
subdivision (c)(2) ______
f. Obligor's Adjusted [Share of the] Basic
Child Support [Amount] Obligation ______
(Total of line 11d and line 11e)
PART III. ADDITIONAL EXPENSES (See Pa.R.C.P. No. 1910.16-6)
12. a. Obligor's Share of Child Care Expenses ______
b. Obligor's Share of Health Insurance
Premium (if the obligee is paying the premium) ______
c. Obligee's Share of the Health Insurance
Premium (if the obligor is paying the premium) (______)
d. Obligor's Share of Unreimbursed Medical
Expenses ______
e. Other Additional Expenses ______
f. Total Additional Expenses ______
(add lines 12a, b, d, and e, then subtract line 12c)
13. Obligor's Total Monthly Support Obligation ______
(add line 10 or 11f and line 12f, if applicable)
PART IV. SPOUSAL SUPPORT OR APL with dependent children
14. Obligor's Monthly Net Income (line 4) ______
15. Obligor's Support, Alimony
Pendente Lite, or Alimony Obligations,
to Children or Former Spouses who
are not part of this action, if any
(See Pa.R.C.P. No. 1910.16-2(c)(2)) (______)
16. Obligee's Monthly Net Income (line 4) (______)
17. Difference ______
(line 14 minus lines 15 and 16)
18. Obligor's Total Monthly Child
Support Obligation without Part II Substantial
or Shared Custody Adjustment, if any
(Obligor's line 10 plus line 12f) ( )
19. Difference ______
(line 17 minus line 18)
20. Multiply by 30% × 30%
21. Monthly Spousal Support or [APL Amount] ______
Alimony Pendente Lite Obligation
(line 19 multiplied by line 20)
Without Dependent Children
22. Obligor's Monthly Net Income (line 4) ______
23. Obligor's Child and Spousal Support, Alimony
Pendente Lite or Alimony Obligations
to Children or Former Spouses who are not part of
this action, if any (Pa.R.C.P. No. 1910.16-2(c)(2)) ( )
24. Obligee's Monthly Net Income (line 4) ( )
25. Difference ______
(line 22 minus lines 23 and 24)
26. Multiply by 40% × 40%
27. Preliminary Monthly Spousal Support
or [APL amount] Alimony Pendente
Lite Obligation ______
(line 25 multiplied by line 26)
28. Adjustments for Other Expenses
(See Pa.R.C.P. No. 1910.16-6) ______
(line 12f)
29. Total Monthly Spousal Support or
[APL amount] Alimony Pendente Lite
Obligation ______
(line 27 plus or minus line 28, as appropriate)
[(b) Order For More Than Six Children. When there are more than six children who are the subject of a single order, the child support obligation shall be calculated as follows. First, determine the appropriate amount of support for six children under the guidelines. Using the same income figures, subtract the support amount for five children from the amount for six children. Multiply the difference by the number of children in excess of six and add the resulting amount to the guideline amount for six children.]
(b) Order For More Than Six Children. When there are more than six children who are the subject of a single support order, the trier-of-fact shall:
(1) calculate the basic child support obligations for six children and five children;
(2) subtract the basic child support obligation for five children from the basic child support obligation for six children;
(3) multiply the difference from subdivision (b)(2) by the number of children in excess of six; and
(4) add the amount from subdivision (b)(3) to the basic child support obligation for six children as determined in subdivision (b)(1).
(c) Substantial or Equally Shared Physical Custody.
(1) Substantial Physical Custody. When [the children spend 40% or more of their time during the year] a child spends 40% or more of the annual overnights with the obligor, a rebuttable presumption arises that the obligor is entitled to a reduction in the basic child support obligation to reflect [this time] the obligor's increased direct spending on the child during the obligor's custodial time.
(i) This rebuttable presumption also applies in high income cases decided pursuant to [Rule] Pa.R.C.P. No. 1910.16-3.1.
(ii) Except as provided in [subsection (2) below, the reduction shall be calculated] subdivision (c)(2), the trier-of-fact shall calculate the adjustment pursuant to the formula set forth in [Part II of subdivision (a) of this rule. For purposes of this provision, the time spent with the children shall be determined by the number of overnights they spend during the year with the obligor] subdivision (a)(1)(Part D) or (a)(2)(Part II).
[Example. If the obligor and the obligee have monthly net incomes of $5,000 and $2,300, respectively, their combined child support obligation is $1,701 for two children. Using the income shares formula in Part I, the obligor's share of this obligation is 68%, or $1,157. If the children spend 40% of their time with the obligor, the formula in Part II applies to reduce his or her percentage share of the combined support obligation to 58%, or $987. If the children spend 45% of their time with the obligor, his or her percentage share of the combined obligation is reduced to 53%, or $902. If the children spend equal time with both parents, the obligor's percentage share is reduced to 48%, or $816.
(2) Without regard to which parent initiated the support action, when the children spend equal time with their parents, the Part II formula cannot be applied unless the obligor is the parent with the higher income. An order shall not be entered requiring the parent with the lower income to pay basic child support to the parent with the higher income. However, this subdivision shall not preclude the entry of an order requiring the parent with less income to contribute to additional expenses pursuant to Pa.R.C.P. No. 1910.16-6. Based upon the evidence presented, the trier of fact may enter an order against either party without regard to which party initiated the action. If the parties share custody equally and the support calculation results in the obligee receiving a larger share of the parties' combined income, then the court shall adjust the support obligation so that the combined monthly net income is allocated equally between the two households. In those cases, spousal support or alimony pendente lite shall not be awarded.]
(2) Equally Shared Physical Custody. Without regard to which party initiated the support action, when a child spends an equal number of annual overnights with the parties:
(i) The formula in subdivision (a)(1)(Part D) or (a)(2)(Part II) cannot be applied unless the obligor is the party with the higher monthly net income.
(ii) The trier-of-fact shall not require the party with the lower monthly net income to pay basic child support to the party with the higher monthly net income. However, this subdivision shall not preclude the entry of an order requiring the party with less monthly net income to contribute to additional expenses pursuant to Pa.R.C.P. No. 1910.16-6.
(iii) Based upon the evidence presented, the trier-of-fact may enter a support order against either party.
(iv) If the support calculation results in the obligee receiving a larger share of the parties' combined monthly net income, the trier-of-fact:
(A) shall adjust the obligor's basic child support obligation so that the combined monthly net income is allocated equally between the two parties; and
(B) shall not award spousal support or alimony pendente lite.
Example 1. If the obligor and the obligee have monthly net incomes of $5,000 and $2,300, respectively, the basic child support obligation is $1,901 for two children. Using the income shares formula in Part I, the obligor's basic child support obligation is 68%, or $1,293. If the children spend 40% of the annual overnights with the obligor, the formula in Part D or Part II applies to reduce the obligor's basic child support obligation to 58%, or $1,103. If the children spend 45% of the annual overnights with the obligor, the obligor's basic child support obligation is reduced to 53%, or $1,008. If the children spend an equal number of the annual overnights with the obligor and obligee, the obligor's basic child support obligation is reduced to 48%, or $912.
[Example 1] Example 2. Mother and Father have monthly net incomes of $3,000 and $2,700, respectively. Mother has filed for support for the parties' two children with whom the parties share time equally. As the parties have equal custody and Mother has the higher monthly net income, Mother cannot be the obligee. Although Mother initiated the support action, she would be the obligor. Pursuant to the [basic child support schedule] Basic Child Support Schedule in Pa.R.C.P. No. 1910.16-3, the [support amount] basic child support obligation for two children at the parties' combined monthly net income [level is $1,487] is $1,585 per month. Mother's share is 53% [of that amount], or [$788] $840. [Father's share is 47%, or $699.] Application [of lines 11a and 11b] of the Part II or Part D formula results in a 20% reduction in support when the obligor has 50% custody of the children. Mother's adjusted percentage share of the basic support [amount] obligation is 33% (53% − 20% = 33%)[. Her] and the preliminary adjusted [share of the] basic child support [amount is $491] obligation is $523 (33% of [$1,487] $1,585). However, as this amount would result in Father having a greater share of the parties' combined monthly net income ([$3,191 vs. $2,509] $3,223 vs. $2,477), Mother's basic child support obligation would be adjusted to $150 per month to allocate the parties' combined monthly net income equally between the two [households] parties and would be the presumptive [amount of basic support] basic child support obligation payable to Father under these circumstances.
[Example 2] Example 3. If the obligor and the obligee have monthly net incomes of $3,000 and $2,500, respectively, [then their combined] the basic child support obligation for two children is [$1,463] $1,567. The obligor's share [of this obligation] is 55%, or [$805] $862 ([$1,463] $1,567 × 55%). If the children spend equal time with the [parents] parties, the formula in Part II or Part D results in a basic child support obligation of [$512] $548 ([$1,463] $1,567 × 35%) payable to the obligee. Since this amount results in the obligee having monthly net income of [$3,012] $3,048 and the obligor having monthly net income of [$2,488] $2,452, the obligor's basic child support obligation would be adjusted to $250 to equalize the combined monthly net income between the [parties' households] parties and would be the presumptive [amount of basic support] basic child support obligation payable to the obligee under these circumstances.
(d) Divided or Split Physical Custody. When Each Party Owes Child Support to the Other Party. Varied Partial or Shared Custodial Schedules.
(1) Divided or Split Physical Custody. When Each Party Owes Child Support to the Other Party. When calculating a basic child support obligation and each party owes child support to the other party as a result of the custodial arrangement, the [court] trier-of-fact shall offset the parties' respective basic child support obligations and award the net difference to the obligee as child support.
Example 1. If the parties have three children, one child resides with Mother and two children reside with Father, and [their] the parties' monthly net incomes are $4,000 and $2,000 respectively, Mother's basic child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for two children at the parties' combined monthly net income of $6,000. The [amount of] basic child support [to be apportioned between the parties is $1,523] obligation is $1,628. As Mother's income is 67% of the parties' combined monthly net income, Mother's basic child support obligation for the two children living with Father is [$1,020] $1,091. Father's basic child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for one child at the parties' combined monthly net income of $6,000. The [amount of] basic child support [to be apportioned between the parties is $1,071] obligation is $1,097. Father's basic child support obligation for the child living with Mother is [$353] $362. Subtracting [$353] $362 from [$1,020] $1,091 produces a [net basic support amount of $667] basic child support obligation of $729 payable to Father as child support.
Example 2. If the parties have two children, one child resides with Mother and the parties equally share custody (50% − 50%) of the other child, and the parties' monthly net incomes are as set forth in Example 1. The basic child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for the one child primarily residing with Mother at the parties' combined monthly net income of $6,000, the [amount of] basic child support [to be apportioned between the parties is $1,071] obligation is $1,097. Father's income is 33% of the parties' combined monthly net income, and the basic child support obligation for the child living with Mother is [$353] $362. For Mother's obligation for the child with the [50% − 50%] equally shared custody arrangement, using the schedule in Pa.R.C.P. No. 1910.16-3 for one child at the parties' combined monthly net income of $6,000, the [amount of] basic child support [to be apportioned between the parties is $1,071] obligation is $1,097. Mother's proportionate share of the combined monthly net incomes is 67%, but it is reduced to 47% after applying the shared parenting time adjustment for 50% custody under subdivision (c). Mother's basic child support obligation for the shared custody child is [$503 ($1,071] $516 ($1,097 × 47%). As Mother's obligation is greater than Father's obligation, Father is the obligee and receives the net of the two obligations by subtracting [$353] $362 from [$503] $516, or [$150] $154.
[(2) Varied Partial or Shared Custodial Schedules. When the parties have more than one child and each child spends either (a) different amounts of partial or shared custodial time with the party with the higher income or (b) different amounts of partial custodial time with the party with the lower income, the trier of fact shall add the percentage of time each child spends with that party and divide by the number of children to determine the party's percentage of custodial time. If the average percentage of custodial time the children spend with the party is 40% or more, the provisions of subdivision (c) apply.]
(2) Varied Partial or Shared Physical Custodial Schedule.
(i) The trier-of-fact may reduce a party's basic child support obligation when the parties have more than one child and each child spends either different amounts of:
(A) partial or equally shared custodial time with the higher monthly net income party; or
(B) partial custodial time with the lower monthly net income party.
(ii) In determining whether a party is entitled to a reduction as provided in subdivision (d)(2)(i):
(A) the trier-of-fact shall:
(I) add the percentage of annual overnights each child spends with that party; and
(II) divide by the number of children to determine the party's average percentage of custodial time.
(B) If the average percentage of custodial time is 40% or more:
(I) subdivision (c) applies; and
(II) the trier-of-fact shall reduce the party's basic child support obligation accordingly.
Example 1. The parties have two children and one child spends 50% of the [time] annual overnights with Mother, who has the higher monthly net income, and the other child spends 20% of the [time] annual overnights with Mother. Add those percentages together and divide by the number of children (50% plus 20% = 70% divided by 2 children = 35% average time with Mother). [Pursuant to subdivision (c)] Pursuant to subdivision (d)(2)(ii)(B), Mother [does not receive] is not entitled to a reduction in the support order for substantial parenting time.
Example 2. The parties have three children. Two children spend 50% of the [time] annual overnights with Mother, who has the higher monthly net income, and the third child spends 30% of the [time] annual overnights with Mother. Add the percentages of custodial time for all three children together and divide by the number of children (50% plus 50% plus 30% = 130% divided by three children = 43.33% average percentage of time with Mother). [Pursuant to subdivision (c)] Pursuant to subdivision (d)(2)(ii)(B), Mother [receives] is entitled to a reduction in the support order for substantial parenting time.
Example 3. The parties have three children, Mother has primary custody (60% − 40%) of one child, Father has primary custody (60% − 40%) of one child, and the parties share custody (50% − 50%) of the third child. The parties' monthly net incomes are $2,500 (Mother) and $2,000 (Father). As a result of the custodial arrangement, Father owes support for the child in the primary custody of Mother and Mother owes support for the child in the primary custody of Father and for the child shared equally between the parties. Father's basic child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for one child at the parties' combined monthly net income of $4,500. The [amount of] basic child support [to be apportioned between the parties is $940] obligation is $941. Father's proportionate share of the combined monthly net incomes is 44%, but is reduced to 34% after applying the shared parenting time adjustment for 40% custody under subdivision (c). Father's basic child support obligation for this child is $320 ([$940] $941 × 34%). Mother's basic child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for two children at the parties' combined monthly net income of $4,500. The [amount of] basic child support [to be apportioned between the parties is $1,349] obligation is $1,414. Mother has varying partial or shared custody of the two children (40% and 50%). Under subdivision (d)(2), the custodial time is averaged or in this case 45%. Mother's proportionate share of the combined monthly net incomes is 56%, but it is reduced to 41% after applying the shared parenting time adjustment for 45% custody under subdivision (c). Mother's basic child support obligation for these children is [$553 ($1,349] $580 ($1,414 × 41%). Offsetting the support [amounts] obligations consistent with subdivision (d)(1), Mother's obligation is greater than Father's obligation, and Father is the obligee receiving the net of the two obligations by subtracting $320 from [$553, or $233] $580, or $260.
Official Note: In cases with more than one child and varied partial or shared custodial schedules, it is not appropriate to perform a separate calculation for each child and offset support amounts as that method does not consider the incremental increases in support for more than one child built into the schedule of basic child support.
[(3) When calculating a combined child support and spousal or alimony pendente lite obligation and one or more children reside with each party, the court shall offset the obligor's spousal and child support obligation with the obligee's child support obligation and award the net difference to the obligee as spousal and child support. If one or more of the children resides with each party then, in calculating the spousal support or alimony pendente lite obligation, the court shall deduct from the obligor's income both the support owed for the child or children residing with the obligee, as well as the direct support the obligor provides to the child or children living with the obligor, calculated in accordance with the guidelines as if the child or children were not living with the obligor.]
(3) Combined Child Support and Spousal Support or Alimony Pendente Lite. When Each Party Owes Child Support to the Other Party.
(i) When one or more children reside with each party, the trier-of-fact shall offset the obligor's combined spousal support or alimony pendente lite and basic child support obligations with the obligee's basic child support obligation.
(ii) The trier-of-fact shall award the net difference to the obligee as spousal support or alimony pendente lite and basic child support.
(e) Support Obligations When Custodial Parent Owes Spousal Support. If [children are] a child is residing with the spouse (custodial parent) obligated to pay spousal support or alimony pendente lite and the other spouse (non-custodial parent) has a legal obligation to support the [children] child, the guideline spousal support or alimony pendente lite [amount] obligation is determined by offsetting the non-custodial parent's basic child support [amount] obligation and the custodial parent's spousal support or alimony pendente lite [amount] obligation, and awarding the net difference either to the non-custodial parent as spousal [support/or] support or alimony pendente lite or to the custodial parent as child support as the circumstances warrant. The calculation is a five-step process:
(1) Calculate the custodial parent's spousal support or alimony pendente lite obligation to the non-custodial parent based on the parties' monthly net incomes using the ''without dependent children'' formula in either Pa.R.C.P. No. 1910.16-4(a)(1)(Part B) or [(2)(Part IV)] (a)(2)(Part IV), as appropriate.
(2) Recalculate the parties' monthly net incomes by adjusting for the spousal support or alimony pendente lite payment paid or received in [(1)] subdivision (e)(1).
(3) Using the recomputed monthly net incomes from [(2)] subdivision (e)(2), calculate the non-custodial parent's basic child support obligation to the custodial parent.
(4) The final support amount is the difference calculated in [(1) and (3)] subdivision (e)(1) and (e)(3).
(i) If the amount in [(1)] subdivision (e)(1) is greater than the amount in [(3)] subdivision (e)(3), the final amount is spousal support or alimony pendente lite payable to the non-custodial parent.
(ii) If the amount in [(1)] subdivision (e)(1) is less than the amount in [(3)] subdivision (e)(3), the final amount is basic child support payable to the custodial parent.
(5) If the proceeding is a modification of an order entered before January 1, 2019 that has federal tax consequences associated with spousal support or alimony pendente lite payments and the final order is spousal support or alimony pendente lite as in [(4)(i)] subdivision (e)(4)(i), the offset spousal support or alimony pendente lite amount is federally taxable, and the trier-of-fact may deviate the final order due to the tax effect, as appropriate.
Official Note: See Pa.R.C.P. No. [1910.16-4] 1910.19(h).
* * * * * Rule 1910.16-5. Support Guidelines. Deviation.
(a) Deviation. [If the amount of support deviates from the amount of support determined by the guidelines, the trier of fact shall specify, in writing or on the record, the guideline amount of support, and the reasons for, and findings of fact justifying, the amount of the deviation.]
(1) The trier-of-fact may deviate from the basic child support, spousal support, or alimony pendente lite obligation.
(2) If the trier-of-fact determines a deviation is appropriate based on the factors in subdivision (b), the trier-of-fact shall specify on the record or in writing:
(i) the calculated basic child support, spousal support, or alimony pendente lite obligation;
(ii) the reason for the deviation;
(iii) the findings of fact justifying the deviation;
(iv) the deviation amount; and
(v) in a spousal support or an alimony pendente lite action, the obligation's duration.
Official Note: The deviation applies to [the amount of] the support obligation amount or duration, and not to [the amount of] the party's monthly net income.
(b) Factors. In deciding whether to deviate from [the amount of support determined by the guidelines] the basic child support, spousal support, or alimony pendente lite obligation, the [trier of fact] trier-of-fact shall consider:
(1) unusual needs and unusual fixed obligations;
(2) a party's other support obligations [of the parties];
(3) other household income [in the household];
(4) [ages of the children] the child's age;
(5) the parties' relative assets and liabilities [of the parties];
(6) medical expenses not covered by insurance;
(7) the parties' and the child's standard of living [of the parties and their children];
(8) in a spousal support or alimony pendente lite case, the duration of the marriage from the date of marriage to the date of final separation; and
(9) other relevant and appropriate factors, including the child's best [interests of the child or children] interest.
* * * * * Rule 1910.16-6. Support Guidelines. Basic Support Obligation Adjustments. Additional Expenses Allocation.
The trier-of-fact may allocate between the parties the additional expenses in subdivisions (a)—(e). [If] 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 [monthly] spousal support or alimony pendente lite [amount] obligation received or paid, and [then] 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.
(1) The trier-of-fact:
(i) shall allocate reasonable child care expenses paid by the parties, if necessary to maintain employment or appropriate education in pursuit of income.
(ii) may allocate reasonable child care expenses paid by the parties when the trier-of-fact imputes an earning capacity to a party as provided in Pa.R.C.P. No. 1910.16-2(d)(4)(i)(D).
(2) The trier-of-fact may [order] require that the obligor's share [is] be added to [his or her] the basic child support obligation, paid directly to the service provider, or paid directly to the obligee.
(3) When a party is receiving a child care subsidy through the Department of Human Services, the expense allocated between the parties is the amount actually paid by the party receiving the subsidy.
[Example. Mother has primary custody of the parties' two children and Father has partial custody. Mother's monthly net income is $2,000 and Father's is $3,500. At their combined income level of $5,500, the basic monthly child support from the schedule in Pa.R.C.P. No. 1910.16-3 is $1,463 for two children. As Father's income is 64% of the parties' combined monthly net income, his share is $936. Mother incurs child care expenses of $400 per month and Father incurs $100 of such expenses per month. The total child care expenses, $500, will be apportioned between the parties, with Father paying 64%, or $320. As Father is already paying $100 for child care while the children are in his partial custody, he would pay the remaining $220 to Mother for a total child support obligation of $1,156 ($936 + $220 = $1,156).
(1) Documentation of the child care expenses shall be provided to the other party within a reasonable period of time after receipt unless the service provider invoices the parties separately for their proportionate share of the expense. Allocation of expenses for which documentation is not timely provided to the other party shall be within the discretion of the court.]
(4) The party seeking allocation of child care expenses shall provide to the other party the expense's documentation, such as a receipt or an invoice, promptly after receipt unless the service provider invoices the parties separately for the party's proportionate share of the expense.
(5) The trier-of-fact shall have the discretion to not allocate expenses if documentation is not timely provided to the other party.
[(2)] (6) Except as provided in subdivision [(3)] (a)(7), the total child care expenses shall be reduced to reflect [the amount of] the federal child care tax credit available to the eligible party, regardless of whether [or not] the credit is actually claimed by that party, up to the maximum annual cost allowable under the Internal Revenue Code.
[(3) The] (7) If the eligible party is not qualified to receive the credit, the federal child care tax credit shall not be used to reduce the child care expenses subject to allocation between the parties [if the eligible party is not qualified to receive the credit].
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).
(b) Health Insurance [Premiums] Premium.
(1) The trier-of-fact shall allocate the health insurance [premiums] premium paid by the parties, including the premium attributable to the party paying the premium, provided that a statutory duty of support is owed to the party or child covered by the health insurance.
(i) If the party paying the health insurance premium is the obligor, the obligee's share is deducted from the obligor's basic support [amount] obligation.
(ii) If the obligee is paying the health insurance premium, the obligor's share is added to [his or her] the obligor's basic support [amount] obligation.
(iii) [An allocation of] A health insurance [premiums] premium allocated between the parties shall also include health insurance that is provided and paid by a third-party resident of [either] a party's household (e.g., step-parent) for a child who is the subject of the support order.
(2) The trier-of-fact shall not allocate an employer-paid [premiums or premiums] premium or a premium paid for a party, person, or child to whom no statutory duty of support is owed.
(i) If the parties present evidence of the excluded premium's actual amount—the amount attributed to a party, person, or child not owed a statutory duty of support—the trier-of-fact shall deduct the actual amount excluded from the total premium before allocating the health insurance premium between the parties.
(ii) If the parties do not present evidence of the excluded premium's actual amount, the trier-of-fact shall calculate the excluded amount as follows:
(A) determine the premium's cost per person by dividing the total premium by the number of persons covered under the policy;
(B) multiply the cost per person by the number of persons who are not owed a statutory duty of support, or are not parties to, or the subject of, the support action; and
(C) the resulting amount is excluded from allocation.
Example 1. If the parties are separated, but not divorced, and Husband pays $200 [per month toward the cost of a health insurance policy provided through his employer which covers] monthly for employer-provided health insurance for himself, Wife, the parties' child, and two additional children from a previous marriage, the [portion of 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 [cost of the] premium to arrive at [the portion of] 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, [then] Husband's percentage share would be added to his basic support obligation.
Example 2. If the parties are divorced and Father pays $200 [per month toward the cost of a health insurance policy provided through his employer which covers] monthly for employer-provided health insurance for himself, the parties' child, and two additional children from a previous marriage, the [portion of 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 [amount of 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 [cost of the] 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 [per month toward the cost of a health insurance policy provided by his employer that covers] monthly for employer-provided health insurance for himself and the parties' child. Mother pays $400 per month for her [employer-sponsored] employer-provided health insurance that covers only herself. The [amount of 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 [portion of 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.
(i) The obligor bears the initial responsibility of providing the child's health care coverage [for the children] if it is available at a reasonable cost.
(A) ''Reasonable cost'' to an obligor shall be defined as an amount that does not exceed 5% of the obligor's [net] monthly net income and, when added to the [amount of] basic child support obligation plus additional expenses the obligor is ordered to pay, does not exceed 50% of the obligor's [net] monthly net income.
(B) If the obligee is providing the coverage, the [reasonable amount] ''reasonable cost'' of the obligor's share shall be defined as an amount that does not exceed 5% of the obligor's [net] monthly net income and, when added to the [amount of] basic child support obligation plus additional expenses the obligor is ordered to pay, does not exceed 50% of the obligor's [net] monthly net income.
(ii) Unless the child's health care coverage [for the parties' children] is provided by the obligee or a third party, the court shall issue the National Medical Support Notice required by 23 Pa.C.S. § 4326(d.1) to the obligor's employer in response to notification that the obligor is employed.
(A) The notice shall direct the employer to enroll the [children of the obligor who are] obligor's child who is the subject of the support proceeding if the coverage is available at a reasonable cost to the obligor.
(B) However, the notice shall direct that enrollment shall not occur earlier than 25 days from the date of the National Medical Support Notice to allow the obligor time to object.
(C) Concurrent with the issuance of the National Medical Support Notice, the court shall provide notice to the obligor setting forth the process to object to the enrollment based upon unreasonable cost, mistake of fact, or availability of alternative health care coverage for the [children] child.
(D) If there is more than one employer-provided health care coverage option, the obligor shall select the [plan] coverage, subject to the obligee's right to seek a court order designating a different option.
(iii) Absent the availability of health care coverage to the obligor for the parties' [children] child at a reasonable cost, the court shall order the obligee to provide health care coverage for the [children] child if it is available at a reasonable cost. ''Reasonable cost'' to the obligee shall be defined as an amount not to exceed 5% of the obligee's [net] monthly net income.
(iv) If health care coverage is not available to [either party] the parties at a reasonable cost, the court may order the [custodial parent] the party having primary custody to apply for government-sponsored coverage, such as the Children's Health Insurance Program (''CHIP''), with any co-premium or other cost apportioned between the parties in proportion to [their] the parties' respective [net] monthly net incomes.
(v) Within [thirty] 30 days after the entry of the support order, the party ordered to provide health care coverage shall provide written proof to the other party that medical insurance has been obtained, including insurance cards and all other materials set forth in the form order in [Rule] Pa.R.C.P. No. 1910.27(e). There shall be a continuing obligation to provide the other party and the [court] domestic relations section with proof of any changes in coverage.
(vi) The [court] trier-of-fact shall give preference to health care coverage that is readily accessible to the child, as defined by geographic coverage area, access to local treatment providers, or other relevant factors.
Official Note: The maximum amount of any attachment for child and medical support is set forth by the federal Consumer Credit Protection Act ([Public Law 90-321, Section 303(b); 15 U.S.C. § 1601 et seq.] 15 U.S.C. §§ 1601 et seq.).
(4) [In cases in which] If the obligor is paying [the cost of health insurance coverage and] for the health insurance, the obligee has no income or minimal income [such that], and the obligor will bear 90% or more [of the proportional share of the cost] of the health insurance [premiums,] premium:
(i) the [trier of fact] trier-of-fact may, as fairness requires, deduct part or all of the [cost of the premiums] premium actually paid by the obligor to provide coverage for the other party or the [children] child from the obligor's gross income to determine monthly net income for support purposes.
(ii) If such a deduction is taken from the obligor's gross income, [then] the premium allocation [of premium costs] as set forth in subdivision (b)(1) [above] shall not be applied.
(c) Unreimbursed Medical Expenses. The trier-of-fact shall allocate the obligee's or [children's] child's unreimbursed medical expenses. However, the trier-of-fact shall not allocate unreimbursed medical expenses incurred by a party who is not owed a statutory duty of support by the other party. The trier-of-fact may [order] require that the obligor's expense share [is added to his or her] be included in the basic support obligation, paid directly to the health care provider, or paid directly to the obligee.
(1) Medical Expenses.
(i) For purposes of this subdivision, medical expenses are annual unreimbursed medical expenses in excess of $250 per person.
(ii) Medical expenses include insurance co-payments and deductibles and all expenses incurred for reasonably necessary medical services and supplies, including but not limited to surgical, dental and optical services, and orthodontia.
(iii) Medical expenses do not include cosmetic, chiropractic, psychiatric, psychological, or other services unless specifically directed in the order of court.
Official Note: While cosmetic, chiropractic, psychiatric, psychological, or other expenses are not required to be apportioned between the parties, the [court] trier-of-fact may apportion such expenses that it determines to be reasonable and appropriate under the circumstances.
(2) [An annual limitation may be imposed] The trier-of-fact may impose an annual limitation when the burden on the obligor would otherwise be excessive.
(3) Annual expenses [pursuant to this subdivision (c),] shall be calculated on a calendar year basis.
(i) In the year in which the initial support order is entered, or in any period in which support is being paid that is less than a full year, the $250 threshold shall be pro-rated.
[Documentation of unreimbursed medical expenses that either party seeks to have allocated between the parties shall be provided to the other party not later than March 31 of the year following the calendar year in which the final bill was received by the party seeking allocation.] (ii) The party seeking allocation for an unreimbursed medical expense shall provide to the other party the expense's documentation, such as a receipt or an invoice, promptly upon receipt, but not later than March 31st of the year following the calendar year in which the final bill was received by the party seeking allocation.
(iii) For purposes of subsequent enforcement, unreimbursed medical bills need not be submitted to the domestic relations section prior to March 31st.
[Allocation of unreimbursed medical expenses for which documentation is not timely provided to the other party shall be within the discretion of the court.] (iv) The trier-of-fact shall have the discretion to not allocate an expense if documentation is not timely provided to the other party.
(4) If the [trier of fact] trier-of-fact determines that out-of-network medical expenses were not obtained due to medical emergency or other compelling factors, the [court] trier-of-fact may decline to assess [any of such] the expenses against the other party.
Official Note: If the [trier of fact] trier-of-fact determines that the obligee acted reasonably in obtaining services [which] that were not specifically set forth in the order of support, payment for such services may be ordered retroactively.
[(d) Private School Tuition. Summer Camp. Other Needs. Expenditures for needs outside the scope of typical child-rearing expenses, e.g., private school tuition, summer camps, have not been factored into the Basic Child Support Schedule.
(1) If a party incurs an expense for a need not factored into the Basic Child Support Schedule and the trier-of-fact determines the need and expense are reasonable, the trier-of-fact shall allocate the expense. The trier-of-fact may order that the obligor's expense share is added to his or her basic support obligation, paid directly to the service provider, or paid directly to the obligee.
(2) Documentation of the expenses allocated under (d)(1) shall be provided to the other party not later than March 31 of the year following the calendar year in which the invoice was received unless the service provider invoices the parties separately for their proportionate share of the expense. For purposes of subsequent enforcement, these expenses need not be submitted to the domestic relations section prior to March 31. Allocation of expenses for which documentation is not timely provided to the other party shall be within the discretion of the court.]
(d) Private School Tuition or Summer Camp. Other Additional Expenses. Expenses outside the scope of typical child-rearing expenses, such as private school tuition, summer camp fees, and other additional expenses as set forth in subdivision (d)(2), have not been factored into the Basic Child Support Schedule.
(1) Private School Tuition or Summer Camp. If the trier-of-fact determines that private school or summer camp is reasonable under the parties' circumstances, the trier-of-fact shall apportion the expense to the parties.
(2) Other Additional Expenses. The trier-of-fact shall apportion an additional expense to the parties, if the trier-of-fact determines that the expense:
(i) is related to the child's educational, extra-curricular, or developmental activities; and
(ii) is reasonable under the parties' circumstances.
(3) The trier-of-fact may require that a party's proportionate share of a subdivision (d)(1) or (d)(2) expense is:
(i) included in or excluded from the basic child support obligation;
(ii) paid directly to the service provider; or
(iii) paid directly to the other party.
(4) Documentation.
(i) The party seeking allocation of an expense shall provide the other party with the expense's documentation, such as a receipt or an invoice, promptly upon receipt, but not later than March 31st of the year following the calendar year in which the party incurred the expense, unless the service provider invoices the parties separately.
(ii) For subsequent enforcement purposes, a party does not need to submit the expense's documentation to the domestic relations section before March 31.
(iii) The trier-of-fact shall have the discretion to not allocate an expense if documentation is not timely provided to the other party.
(e) Mortgage Payment. The support guidelines assume that the spouse occupying the marital residence will be solely responsible for the mortgage payment, real estate taxes, and homeowners' insurance. Similarly, the trier-of-fact [will] shall assume that the party occupying the marital residence will be paying the items listed unless the recommendation specifically provides otherwise.
(1) If the obligee is living in the marital residence and the mortgage payment exceeds 25% of the obligee's monthly net income (including amounts of spousal support, alimony pendente lite, and child support), the trier-of-fact may [direct] require the obligor to assume up to 50% of the excess amount [as part of the total support amount] in the obligor's support obligation.
(2) If the obligor is occupying the marital residence and the mortgage payment exceeds 25% of the obligor's monthly net income (less any amount of spousal support, alimony pendente lite, and child support the obligor is paying), the trier-of-fact may downwardly adjust the obligor's support [amount] obligation.
(3) This rule shall not be [applied] applicable after a final resolution of the outstanding economic claims in the parties' divorce action.
(4) For purposes of this subdivision, [the term] ''mortgage'' shall include a first [mortgages] mortgage, real estate taxes, and homeowners' insurance and may include a subsequent [mortgages,] mortgage, a home equity [loans], and other marital obligations secured by the marital residence.
* * * * * Rule 1910.16-7. Support Guidelines. [Awards of Child Support When There are Multiple Families] Multiple Family Child Support Obligations.
(a) When [the total of the] an obligor's basic child support obligations [equals] total 50% or less of [his or her] the obligor's monthly net income, there will be no deviation from the [guideline amount of support] 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, [then] the request for a reduction will be denied because the [total support obligation of $1,153 ($584 for the first child and $569 for the second child) is] 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 [his or her] the obligor's monthly net income, the [court may consider a proportional reduction of these] trier-of-fact may proportionately reduce the basic support obligations. [Since, however, the]
(1) The goal of the guidelines is to treat each child equitably, and a first or later family shall not receive preference[, and].
[the court] (2) The trier-of-fact shall not divide the [guideline amount] 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] 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 [$1,097] $1,140 for the two children of the first marriage, [$862] $854 for the one child of the second marriage, and [$727] $743 for the one child out of wedlock for a total [support obligation of $2,686] of $2,737. Since the total of these obligations exceeds 50% of the obligor's monthly net income of $3,800 [per month], the [court] trier-of-fact may consider a proportional reduction [of all] 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 [obligations to each family are $849] obligation to each family is $877 for the two children of the first marriage and [$987] $1,040 for the three children of the second marriage for a total support obligation of [$1,836] $1,917. Since [this] the total obligation leaves the obligor with only [$664] $583 on which to live, the orders are too high as the obligor must be left with a Self-Support Reserve of [$981] $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 [must] 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 [court] trier-of-fact would determine that the obligor's basic child support obligation for each child is [$352] $346 for a total [obligation of $1,056] of $1,038 for three children. It would be incorrect to determine the [guideline amount] basic child support obligation for three children, in this case [$1,189] $1,253, and [then] divide that amount among the three children. [Due to the total support amount exceeding] 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 [$981] $1,063 consistent with Pa.R.C.P. No. 1910.16-2(e).
(c) Presumptive Basic Support Obligation.
(1) For purposes of this rule, the obligor's presumptive [amount of the obligor's] basic support obligation:
(i) is calculated using only [the basic guideline amounts of support, as determined from] the formula in Pa.R.C.P. No. 1910.16-4[,]; and
(ii) does not include any additional expenses that may be added [to these amounts] pursuant to Pa.R.C.P. No. 1910.16-6.
(2) In calculating the obligor's presumptive [amount of the obligor's] basic support obligation, the [court should] trier-of-fact shall ensure that the obligor retains at least [$981] $1,063 per month consistent with Pa.R.C.P. No. 1910.16-2(e).
Example 1. Assume that the obligor is paying [$566] $553 per month support for one child of the first marriage, plus an additional $200 per month for child care expenses. The obligor requests a reduction in this support obligation on the basis that there is one new child of the second intact marriage. The relevant incomes are $2,400 for the obligor and $0 for [both] the former and current spouses. The obligor's request for a reduction [should] shall be denied because the total of the basic [guideline] support obligations for both children is only [$1,132 ($566] $1,106 ($553 for each child) and does not exceed 50% of the obligor's monthly net income. A reduction [should] shall not be given on the basis that the obligor's contribution to child care expenses for the first child results in an [overall] total basic support child obligation of [$1,332] $1,306, which exceeds 50% of the obligor's monthly net income. [Thus, the] The presumptive [amount of] basic child support obligations for the two children [is still $1,132 ($566] still total $1,106 ($553 for each child). The [court must then] trier-of-fact shall consider the deviation factors under Pa.R.C.P. No. 1910.16-5 and the parties' respective contributions to additional expenses under Pa.R.C.P. No. 1910.16-6 in arriving at an appropriate [amount of] total child support obligation for each child.
Example 2. Assume that the obligor is paying [$360] $346 per month support for one child of the first marriage. The obligor has one new child of the second intact marriage. The relevant incomes are $1,500 for the obligor and $0 for the former and current spouses. A reduction [should] shall not be given on the basis of the obligor's new child because the [total of the basic guideline obligations for both children is only $720 ($360] presumptive basic child support obligations total $692 ($346 for each child) and this amount does not exceed 50% of the obligor's monthly net income. Since, however, this amount leaves the obligor with only [$780] $808 per month, the [court should] trier-of-fact shall proportionally reduce the basic child support obligations so that the obligor retains [$981] $1,063 per month. [Thus, the] The presumptive [amount of basic support for the two children is $519 ($259.50] basic child support obligations total $437 ($218.50 for each child). The [court must then] trier-of-fact shall consider the deviation factors under Pa.R.C.P. No. 1910.16-5 and the parties' respective contributions to additional expenses under Pa.R.C.P. No. 1910.16-6 in arriving at an appropriate [amount of] total child support obligation for each child.
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[Pa.B. Doc. No. 21-1453. Filed for public inspection September 3, 2021, 9:00 a.m.]
[51 Pa.B. 5587]
[Saturday, September 4, 2021]
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