502 Amendments to the rules of civil procedure relating to domestic relations matters; recommendation 110

PART I. GENERAL

[231 PA. CODE CH. 1910]

Amendments to the Rules of Civil Procedure Relating to Domestic Relations Matters; Recommendation 110

[41 Pa.B. 1618]
[Saturday, March 26, 2011]

 The Domestic Relations Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend the Rules of Civil Procedure relating to domestic relations matters as set forth herein. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.

 Notes and explanatory comments which appear with proposed amendments have been inserted by the committee for the convenience of those using the rules. Reports, notes and comments will not constitute part of the rules and will not be officially adopted or promulgated by the Supreme Court.

 The committee solicits and welcomes comments and suggestions from all interested persons prior to submission of this proposal to the Supreme Court of Pennsylvania. Please submit written comments no later than Monday May 23, 2011 directed to:

Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 6200
P. O. Box 62635
Harrisburg, PA 17106-2635
Fax: [phone]
E-mail: [e-mail]

 Deleted material is bold and bracketed. New material is bold.

By the Domestic Relations
Procedural Rules Committee

CAROL A. BEHERS, Esq., 
Chair

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.

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 (d) Divided or Split Physical Custody. Varied Custodial Schedules.

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 (4) When the parties have more than one child and each child spends different amounts of time with the parties, add the percentage of time each child spends with a party and divide by the number of children to determine each party's percentage of custodial time. For example, if the parties have two children and one child spends 50% of the time with the obligor and another spends 20% of the time with the obligor, add those percentages together and divide by the number of children (50% plus 20% = 70% divided by 2 children = 35% of the time with the obligor). If the average percentage of time the children spend with the obligor is 40% or more, the provisions of subdivision (c) above apply.

 Official Note: In cases with more than one child and varied custodial schedules, it is not appropriate to do 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.

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[Pa.B. Doc. No. 11-502. Filed for public inspection March 25, 2011, 9:00 a.m.]