1733 Amendments to the rules relating to domestic relations; no. 398 civil procedural rules; doc. no. 5

Title 231--RULES OF
CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 1910]

Amendments to Rules Relating to Domestic Relations; No. 398 Civil Procedural Rules; Doc. No. 5

[33 Pa.B. 4435]

Order

Per Curiam:

   And Now, this 20th day of August, 2003, Pennsylvania Rule of Civil Procedure 1910.16-1 is 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 1910.16-1.  Amount of Support. Support Guidelines.

   (a)  Applicability of the Support Guidelines.

   [The] (1)  Except as set forth in subdivision (2) below, the support guidelines set forth the amount of support which a spouse or parent should pay on the basis of both parties' net monthly incomes as defined in Rule 1910.16-2 and the number of persons being supported. The support of a spouse or child is a priority obligation so that a party is expected to meet this obligation by adjusting his or her other expenditures.

   (2)  In actions in which the plaintiff is a public body or private agency pursuant to Rule 1910.3, the amount of the order shall be calculated under the guidelines based upon each obligor's net monthly income as defined in Rule 1910.16-2, with the public or private entity's income as zero. In such cases, each parent shall be treated as a separate obligor and a parent's obligation will be based upon his or her own monthly net income without regard to the income of the other parent.

   (i)  The amount of basic child support owed to other children not in placement shall be deducted from each parent's net income before calculating support for the child or children in placement, including the amount of direct support the guidelines assume will be provided by the custodial parent.

   Example. Mother and Father have three children and do not live in the same household. Mother has primary custody of two children and net monthly income of $1,500 per month. Father's net monthly income is $3,000. The party's third child is in foster care placement. Pursuant to the schedule at Rule 1910.16-3, the basic child support amount for the two children with Mother is $1,235. As Father's income is 67% of the parties' combined monthly net income, his basic support obligation to Mother is $827 per month. The guidelines assume that Mother will provide $408 per month in direct expenditures to the two children in her home. The agency/obligee brings an action against each parent for the support of the child in placement. Father/obligor's income will be $2,173 for purposes of this calculation ($3,000 net less $827 in support for the children with Mother). Because the agency/obligee's income is zero, Father's support for the child in placement will be 100% of the schedule amount of basic support for one child at the $2,173 income level, or $505 per month. Mother/obligor's income will be $1092 for purposes of this calculation ($1,500 net less $408 in direct support to the children in her custody). Her support obligation will be 100% of the schedule amount for one child at that income level, or $268 per month.

   Example. Mother and Father have two children in placement. Father owes child support of $500 per month for two children of a former marriage. At the same income levels as above, Father's income for determining his obligation to the children in placement would be $2,500 ($3,000 less $500 support for two children of prior marriage). His obligation to the agency would be $842 per month (100% of the schedule amount for two children at the $2,500 per month income level). Mother's income would not be diminished as she owes no other child support. She would owe $521 for the children in placement (100% of the schedule amount for two children at the $1,500 income level).

   (ii)  If the parents reside in the same household, their respective obligations to the children who remain in the household and are not in placement shall be calculated according to the guidelines, with the parent having the higher income as the obligor, and that amount shall be deducted from the parents' net monthly incomes for purposes of calculating support for the child(ren) in placement.

   Example. Mother and Father have four children, two of whom are in placement. Mother's net monthly income is $4,000 and Father's is $2,000. The basic support amount for the two children in the home is $1,532, according to the schedule at Rule 1910.16-3. As Mother's income is 67% of the parties' combined net monthly incomes, her share would be $1,026, and Father's 33% share would be $506. Mother's income for purposes of calculating support for the two children in placement would be $2,974 ($4,000 less $1,026). She would pay 100% of the basic child support at that income level, or $961, for the children in placement. Father's income would be $1,494 ($2,000 less $506) and his obligation to the children in placement would be $521.

   (iii)  In the event that the combined amount the parents are required to pay exceeds the cost of placement, the trier of fact shall deviate to reduce each parent's obligation in proportion to his or her share of the combined obligation.

   (3)  The support of a spouse or child is a priority obligation so that a party is expected to meet this obligation by adjusting his or her expenditures.

*      *      *      *      *

Explanatory Comment--2003

   New subdivision (2) is intended to clarify in particular the calculation of child support when a child is in a foster care or institutional placement and not in the custody of either parent.

[Pa.B. Doc. No. 03-1733. Filed for public inspection September 5, 2003, 9:00 a.m.]