Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1910 - ACTIONS FOR SUPPORT
Rule 1910.16-5 - Support Guidelines. Deviation

Universal Citation: 231 PA Code ยง 1910.16-5

Current through Register Vol. 54, No. 38, September 21, 2024

(a) Deviation.

(1) The trier-of-fact may deviate from the basic child support, spousal support, or alimony pendente lite obligation.

(2) If the trier-of-fact determines a deviation is appropriate based on the factors in subdivision (b), the trier-of-fact shall specify on the record or in writing:
(i) the calculated basic child support, spousal support, or alimony pendente lite obligation;

(ii) the reason for the deviation;

(iii) the findings of fact justifying the deviation;

(iv) the deviation amount; and

(v) in a spousal support or an alimony pendente lite action, the obligation's duration.

(b) Factors. In deciding whether to deviate from the basic child support, spousal support, or alimony pendente lite obligation, the trier-of-fact shall consider:

(1) unusual needs and unusual fixed obligations;

(2) a party's other support obligations ;

(3) other household income ;

(4) the child's age;

(5) the parties' relative assets and liabilities ;

(6) medical expenses not covered by insurance;

(7) the parties' and the child's standard of living ;

(8) in a spousal support or alimony pendente lite case, the duration of the marriage from the date of marriage to the date of final separation; and

(9) other relevant and appropriate factors, including the child's best interest.

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