Current through Register Vol. 52, No. 39, September 24, 2022
(a)
Applicability of the
Support Guidelines.
(1) Except as provided in subdivision
(3), the support guidelines determine the amount of support that a spouse or
parent should pay based on the parties' combined monthly net income, as defined
in Pa.R.C.P. No. 1910.16-2, and the number of persons being
supported.
(2) If a
person caring for or having custody of a minor child, who does not have a duty
of support to the minor child, initiates a child support action as provided in
Pa.R.C.P. No. 1910.3:
(i) the
complaint shall identify the parent(s) as defendant(s);
(ii) in determining the basic
child support amount, the monthly net income for the individual initiating the
action shall not be considered in the support calculation by the trier of
fact;
(iii) the
parents' monthly net incomes shall be combined to determine the basic child
support amount, which shall be apportioned based on the parents' respective
monthly net incomes consistent with Pa.R.C.P. No. 1910.16-4. The parents shall
pay the obligee their proportionate share of the basic child support amount as
a separate obligor; and
(iv) as with other support actions, the
trier of fact may make adjustments or deviations consistent with the support
guidelines based on the evidence presented by the parties.
Example 1. The parents have
one child, who is in the custody of the maternal grandmother. Maternal
grandmother initiates a support action against the parents. Mother's monthly
net income is $3,000 and Father's monthly net income is $2,000 for a combined
monthly net income of $5,000. For purposes of the child support calculation,
maternal grandmother's income is irrelevant and not part of the calculation.
The basic child support obligation for one child at a combined monthly net
income of $5,000 is $990 per month. Mother's percentage share of the combined
monthly net income is 60% ($3,000/ $5,000) and Father's percentage share of the
combined monthly net income is 40% ($2,000/$5,000). Mother's preliminary
monthly share of the child support obligation is $594 ($990 × 60%) and
Father's preliminary monthly share of the child support obligation is $396
($990 × 40%). Maternal grandmother is the obligee with Mother and Father
as separate obligors owing $594 and $396 respectively to the maternal
grandmother.
(3) In actions in which the plaintiff
is a public body or private agency pursuant to Pa.R.C.P. No. 1910.3, the amount
of the order shall be calculated under the guidelines based upon each obligor's
monthly net income, as defined in Pa.R.C.P. No. 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 the 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 monthly 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 2. Mother and Father
have three children and do not live in the same household. Mother has primary
custody of two children and monthly net income of $2,000 per month. Father's
monthly net income is $3,000. The parties' third child is in foster care
placement. Pursuant to the schedule in Pa.R.C.P. No. 1910.16-3, the basic child
support amount for the two children with Mother is $1,415. As Father's income
is 60% of the parties' combined monthly net income, his basic support
obligation to Mother is $849 per month. The guidelines assume that Mother will
provide $566 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 $2,151 for purposes of
this calculation ($3,000 less $849 in support for the children with Mother). As
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 $2,151 income level, or $509 per month. Mother/ obligor's income will be
$1,434 for purposes of this calculation ($2,000 less $566 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 $348 per month.
Example 3. 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 in Example 2,
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 $849 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 $686
for the children in placement (100% of the schedule amount for two children at
the $2,000 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 the
calculated support amount shall be deducted from the parents' monthly net
incomes for purposes of calculating support for the chil-d(ren) in placement.
Example 4. Mother and Father
have four children, two of whom are in placement. Mother's monthly net income
is $4,000 and Father's is $3,000. The basic support amount for the two children
in the home is $1,660, according to the schedule in Pa.R.C.P. No. 1910.16-3. As
Mother's income is 57% of the parties' combined monthly net incomes, her share
would be $946, and Father's 43% share would be $714. Mother's income for
purposes of calculating support for the two children in placement would be
$3,054 ($4,000 less $946). She would pay 100% of the basic child support at
that income level, or $1,032, for the children in placement. Father's income
would be $2,286 ($3,000 less $714) and his obligation to the children in
placement would be $784.
(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 the support amount downward to reduce each parent's
obligation in proportion to his or her share of the combined
obligation.
(4) 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.
(b)
Support Amount. The
support amount (child support, spousal support or alimony pendente
lite) awarded pursuant to the Pa.R.C.P. Nos. 1910.11 and 1910.12
procedures must be determined in accordance with the support guidelines, which
consist of the guidelines expressed as the child support schedule in Pa.R.C.P.
No. 1910.16-3, the Pa.R.C.P. No. 1910.16-4 formulas, and the operation of the
guidelines as set forth in these rules.
(c)
Spousal Support and Alimony
Pendente Lite.
(1) Spousal support
and alimony pendente lite orders must not be in effect
simultaneously.
(2) In determining
a spousal support or alimony pendente lite award's duration,
the trier-of-fact shall consider the marriage's duration, i.e., the date of
marriage to the date of final separation.
(d)
Rebuttable Presumption.
If the trier-of-fact determines that a party has a duty to pay support, there
is a rebuttable presumption that the guideline-calculated support amount is the
correct support amount.
(1) The presumption
is rebutted if the trier-of-fact concludes in a written finding or states on
the record that the guideline support amount is unjust or
inappropriate.
(2) The
trier-of-fact shall consider the children's and parties' special needs and
obligations, and apply the Pa.R.C.P. No. 1910.16-5 deviation factors, as
appropriate.
(e)
Guidelines Review. The guidelines must be reviewed at least
every four years to ensure that their application determines appropriate
support amounts.
A.
Income Shares Model. Pennsylvania's child support guidelines
are based upon the Income Shares Model. That model was developed under the
Child Support Guidelines Project funded by the U.S. Office of Child Support
Enforcement and administered by the National Center for State Courts. The
Guidelines Project Advisory Group recommended the Income Shares Model for state
guidelines. At present, 37 states use the Income Shares Model as a basis for
their child support guidelines.
The Income Shares Model is based upon the
concept that the child of separated, divorced or never-married parents should
receive the same proportion of parental income that she or he would have
received if the parents lived together. A number of authoritative economic
studies provide estimates of the average amount of household expenditures for
children in intact households. These studies show that the proportion of
household spending devoted to children is directly related to the level of
household income and to the number of the children. The basic support amounts
reflected in the schedule in
1910.16
-3 represent average marginal expenditures on children for food, housing,
transportation, clothing and other miscellaneous items that are needed by
children and provided by their parents, including the first $250 of
unreimbursed medical expenses incurred annually per child.
1.
Economic
Measures. The support schedule in
1910.16
-3 is based upon child-rearing expenditures measured by David M. Betson, Ph.D.,
Professor of Economics, University of Notre Dame. Dr. Betson's measurements
were developed for the U.S. Department of Health and Human Services for the
explicit purpose of assisting states with the development and revision of child
support guidelines. Dr. Betson's research also was used in developing the prior
schedule, effective in January 2006. Dr. Betson updates his estimates using
data from the Consumer Expenditure Survey conducted by the U.S. Bureau of Labor
Statistics. In the current schedule, those figures were converted to 2008 price
levels using the Consumer Price Index.
2.
Source of Data. The
estimates used to develop the schedule are based upon national data. The
specific sources of the data are the periodic Consumer Expenditure Surveys.
Those national surveys are used because they are the most detailed available
source of data on household expenditures. The depth and quality of this
information is simply not available at the state level and would be
prohibitively costly to gather.
The U. S. Department of Agriculture's Center
for Nutrition Policy and Promotion ("CNPP") also develops economic estimates
for the major categories of child-rearing expenditures. Although the committee
reviewed these estimates, it is aware of only one state that relies upon the
CNPP estimates as a basis for its child support schedule, and even that state
makes certain adjustments.
B.
Statutory
Considerations. The Pennsylvania statute,
23 Pa.C.S.A. §
4322(a), provides:
Child and spousal support shall be awarded
pursuant to a Statewide guideline as established by general rule by the Supreme
Court, so that persons similarly situated shall be treated similarly. The
guideline shall be based upon the reasonable needs of the child or spouse
seeking support and the ability of the obligor to provide support. In
determining the reasonable needs of the child or spouse seeking support and the
ability of the obligor to provide support, the guideline shall place primary
emphasis on the net incomes and earning capacities of the parties, with
allowable deviations for unusual needs, extraordinary expenses and other
factors, such as the parties' assets, as warrant special attention. The
guideline so developed shall be reviewed at least once every four years.
1.
Reasonable Needs and
Reasonable Ability to Provide Support. The guidelines make financial
support of a child a primary obligation and assume that parties with similar
net incomes will have similar reasonable and necessary expenses. After the
basic needs of the parents have been met, the child's needs shall receive
priority. The guidelines assume that if the obligor's net income is at the
poverty level, he or she is barely able to provide for his or her own basic
needs. In those cases, therefore, the entry of a minimal order may be
appropriate after considering the party's living expenses. In some cases, it
may not be appropriate to enter a support order at all. In most cases, however,
a party's living expenses are not relevant in determining his or her support
obligation. Rather, as the statute requires, the obligation is based upon the
reasonable needs of a dependent spouse or child and the reasonable ability of
the obligor to pay.
2.
Net Income. The
guidelines use the net incomes of the parties. Each parent is required to
contribute a share of the child's reasonable needs in proportion to that
parent's share of the combined net income. The custodial parent makes these
contributions through direct expenditures for food, shelter, clothing,
transportation and other reasonable needs. The non-custodial parent makes
contributions through periodic support payments to the custodial parent.
1910.16
-2(d) has been amended to clarify the provisions relating to income and earning
capacity.
3.
Allowable Deviations. The guidelines are designed to treat
similarly situated parents, spouses and children in the same manner. However,
when there are unavoidable differences, deviations must be made from the
guidelines. Failure to deviate from these guidelines by considering a party's
actual expenditures where there are special needs and special circumstances
constitutes a misapplication of the guidelines.
C.
Child Support
Schedule. The child support schedule in
1910.16
-3 has been amended to reflect updated economic data, as required by federal
and state law, to ensure that children continue to receive adequate levels of
support. The support amounts in the schedule have been expanded to apply to a
combined net monthly income of $30,000 and remain statistically valid. The
economic data support the revised schedule.
D.
Self-Support Reserve
("SSR"). The amended schedule also incorporates an increase in the
"Self-Support Reserve" or "SSR" from $748 per month to $867 per month, the 2008
federal poverty level for one person. Formerly designated as the "Computed
Allowance Minimum" or "CAM," the Self-Support Reserve, as it is termed in most
other states' guidelines, is intended to assure that low-income obligors retain
sufficient income to meet their own basic needs, as well as to maintain the
incentive to continue employment. The SSR is built into the schedule in
1910.16
-3 and adjusts the basic support obligation to prevent the obligor's net income
from falling below $867 per month. Because the schedule in
1910.16
-3 applies to child support only,
1910.16
-2(e)(1)(B) provides for a similar adjustment in spousal support and alimony
pendente lite cases to assure that the obligor retains a minimum of $867 per
month.
E.
Shared Custody. In creating the new schedule, the amounts of
basic child support were first increased to reflect updated economic data,
including 2008 price levels. Next, the amounts of basic child support were
adjusted to incorporate into the schedule the assumption that the children
spend 30% of the time with the obligor and that the obligor makes direct
expenditures on their behalf during that time. That does not mean that the
entire schedule was reduced by 30%. Only those variable expenditures, such as
food and entertainment, that fluctuate based upon parenting time were adjusted.
The calculation in
1910.16
-4(c) reduces an obligor's support obligation further if the obligor spends
significantly more time with the children. The revised schedule assumes that
the obligor has 30% parenting time. The obligor will receive an additional 10%
reduction in the amount of support owed at 40% parenting time, increasing
incrementally to a 20% reduction at 50% parenting time. This method may still
result in a support obligation even if custody of the children is equally
shared. In those cases, the rule provides for a maximum obligation which may
reduce the obligation so that the obligee does not receive a larger portion of
the parties' combined income than the obligor.
F.
Child Care
Expenses.
1910.16
-6(a) was amended in 2006 to provide that child care expenses incurred by both
parties shall be apportioned between the parties in recognition of the fact
that a non-custodial parent also may incur such expenses during his or her
custodial periods with the children.
G.
Spousal Support and Alimony
Pendente Lite. Subdivision (c) has been amended to require the court
to consider the duration of the marriage in determining the duration of a
spousal support or alimony pendente lite award. The language was moved from
1910.16
-5 which deals with deviation. The primary purpose of this provision is to
prevent the unfairness that arises in a short-term marriage when the obligor is
required to pay support over a substantially longer period of time than the
parties were married and there is little or no opportunity for credit for these
payments at the time of equitable distribution.
H.
Other
Amendments. All of the examples in the guidelines have been updated to
reflect the changes to the basic child support schedule. Prior explanatory
comments have been deleted or revised and incorporated into new comments.
Amended by
Pennsylvania Bulletin, Vol 47, No. 08. February 25, 2017, effective
2/25/2017
Amended by
Pennsylvania Bulletin, Vol 47, No. 33. August 19, 2017, effective
8/19/2017
Amended by
Pennsylvania Bulletin, Vol 49, No. 02. January 12, 2019, effective
1/12/2019
