1977 Amendments to the rules of civil procedure relating to domestic relations; no. 400 civil procedural rules; doc. no. 5

Title 231--RULES OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 1910]

Amendments to the Rules of Civil Procedure Relating to Domestic Relations; No. 400 Civil Procedural Rules; Doc. No. 5

[33 Pa.B. 5075]

Order

Per Curiam:

   And Now, this 24th day of 2003, Pennsylvania Rules of Civil Procedure 1910.16-5 and 1910.16-6 are amended as follows.

   This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1910. ACTIONS FOR SUPPORT

Rule 1910.16-5.  Support Guidelines. Deviation.

*      *      *      *      *

   (c)  In determining the duration of an award for spousal support or alimony pendente lite, the trier of fact shall consider the period of time during which the parties lived together from the date of marriage to the date of final separation.

Rule 1910.16-6.  Support Guidelines. Adjustments to the Basic Support Obligation.

*      *      *      *      *

   (c)  Unreimbursed Medical Expenses. Unreimbursed medical expenses of the obligee or the children shall be allocated between the parties in proportion to their respective net incomes [and]. The court may direct that obligor's share be added to his or her basic support obligation, or paid directly to the obligee or to the health care provider.

   (1)  For purposes of this subdivision, medical expenses are annual unreimbursed medical expenses in excess of $250 per person [which are recurring and can be reasonably predicted by the court at the time of establishment or modification of the support order]. 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. Medical expenses do not include cosmetic, chiropractic, psychiatric or psychological services unless specifically directed in the order of court.

*      *      *      *      *

   [(2)  If there are annual medical expenses in excess of $250 per person which are unpredictable or non-recurring, the court may order that such expenses, if incurred, be allocated in proportion to the parties' net incomes. The court may direct obligor to pay his or her share either to the obligee or directly to the health care provider.]

   [(3)]  (2) * * *

   [(4)]  (3) * * *

*      *      *      *      *

[Pa.B. Doc. No. 03-1977. Filed for public inspection October 10, 2003, 9:00 a.m.]