1771 Amendments to the rules of civil procedure relating to domestic relations matters; no. 374 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 Matters; No. 374 Civil Procedural Rules; Doc. No. 5

[32 Pa.B. 5044]

Order

Per Curiam:

   And Now, this 24th day of September, 2002, Rules 1910.16-4 and 1910.28 of the Pennsylvania Rules of Civil Procedure 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 1910.16-4.  Support Guidelines. Calculation of Support Obligation. Formula.

   (a)  The following formula shall be used to calculate the obligor's share of the basic guideline child support, spousal support and/or alimony pendente lite obligation:

PART I.  BASIC CHILD SUPPORT

		OBLIGOR	OBLIGEE
	*      *      *      *      *
6.	Plus Child's Monthly Social Security Retirement or Disability Derivative Benefit, if any. (See Rule 1910.16-2(b)(2))	______	______
7.	Adjusted Combined Monthly Net Income	______
[6] 8.	PRELIMINARY BASIC CHILD SUPPORT OBLIGATION (determined from Schedule at Rule 1910.16-3 based on number of children and line [5] 7 adjusted combined monthly net income)	______	______
9.	Less Child's Monthly Social Security Retirement or Disability Derivative Benefit	______	______
10.	BASIC CHILD SUPPORT OBLIGATION	______	______
[7] 11.	Net Income Expressed as a Percentage Share of Income (Divide line 4 by line 5 and multiply by 100)	______%	______%
[8] 12.	Each Parent's Monthly Share of the Basic Child Support Obligation (Multiply line [6] 10 and [7] 11)	____________
PART II.  SUBSTANTIAL OR SHARED PHYSICAL CUSTODY ADJUSTMENT, IF APPLICABLE (See subdivision (c) of this Rule)
[9] 13.	a.  Percentage of Time Spent with Children (Divide number of overnights with obligor by 365 and multiply by 100)	______%
	b.  Subtract 30%	______%
	c.  Obligor's Adjusted Percentage Share of the Basic Monthly Support Obligation (Subtract line [9] 13b from line [7] 11)	______%
	d.  Obligor's Adjusted Share of the Basic Monthly Support Obligation (Multiply line [9] 13c and line [6] 10)	______
	*      *      *      *      *
PART III.  ADDITIONAL EXPENSES (See Rule 1910.16-6)
[10] 14.	a.  Obligor's share of child care expenses	______
	*      *      *      *      *
[11] 15.	OBLIGOR'S TOTAL MONTHLY SUPPORT OBLIGATION (Add line [8] 12 (or [9] 13(d) or (e) if applicable) and line [10] 14f)	______
PART IV.  SPOUSAL SUPPORT OR APL With Dependent Children
[12] 16.	Obligor's Monthly Net Income (line 4)	______
[13] 17.	Less Obligor's support, alimony pendente lite or alimony obligations, if any, to children or former spouses who are not part of this action (See Rule 1910.16-2(c)(2))	(______)
[14] 18.	Less Obligee's Monthly Net Income (line 4)	(______)
[15] 19.	Difference	______
[16] 20.	Less Obligor's Total Child Support Obligation (line [11] 15)	(______)
[17]  21.	Difference	______
[18] 22.	Multiply by 30%	x                  .30
[19] 23.	AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL	______
Without Dependent Children
[20] 24.	Obligor's Monthly Net Income (line 4)	______
[21] 25.	Less Obligor's support, alimony pendente lite or alimony obligations, if any, to children or former spouses who are not part of this action (See Rule 1910.16(c)(2))	(______)
[22] 26.	Less Obligee's Monthly Net Income (line 4)	(______)
[23] 27.	Difference	______
[24] 28.	Multiply by 40%	x                  .40
[25] 29.	PRELIMINARY AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL	______
30.	Adjustments for other expenses (See Rule 1910.16-6)	______
31.	TOTAL AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL	______

Explanatory Comment 2002

   The amendments to this rule add lines in the formula to facilitate calculation of child support pursuant to Rule 1910.16-2 (b)(2) when the child is receiving Social Security derivative benefits due to a parent's retirement or disability. A new line also was added to include additional expenses authorized by Rule 1910.16-6 in cases involving spouses only.

Rule 1910.28.  Order for Earnings and Health Insurance Information. Form of Earnings Report. Form of Health Insurance Coverage Information.

   (a)  The order for earnings and health insurance information shall be in substantially the following form:

(Caption)

ORDER FOR EARNINGS REPORT, HEALTH INSURANCE INFORMATION AND
SUBPOENA

TO: _________________

TO: _________________

TO: _________________

   AND NOW, this ______ day of ______, [19] 20__, since it appears that ______ (Name of employee) is employed by you, and it is necessary that the Court obtain earnings and health insurance information relating to the above-named individual in order to adjudicate a matter of support, IT IS HEREBY ORDERED AND DECREED that you supply the Court with the information required by the enclosed Earnings Report and Health Insurance Coverage Report and file them with the Court [on or before ______, 19__] within fifteen (15) days of the date of this order.

   If you fail to supply the information required by this Order, a subpoena will issue requiring you to attend Court and bring the material with you, or other appropriate sanctions will be imposed by the Court.

   BY THE COURT:

   ______
                          J.

*      *      *      *      *

   (c)  The form which the employer uses to report health insurance information shall be substantially as follows:

Note

   The information requested in the following report may be provided by an employer on its own form, for example, as a computer printout.

(Caption)

HEALTH INSURANCE COVERAGE REPORT

   This information must be completed and returned within [10] 15 days. Failure to comply may result in issuance of a subpoena or other appropriate sanctions.

*      *      *      *      *

[Pa.B. Doc. No. 02-1771. Filed for public inspection October 11, 2002, 9:00 a.m.]