In Re: Order Amending Rules 1910.16-1, 1910.16-2, 1910.16-3, 1910.16-3.1, 1910.16-4, 1910.16-6, and 1910.16-7 of the Pennsylvania Rules of Civil Procedure

CourtSupreme Court of Pennsylvania
DecidedFebruary 10, 2017
DocketIn Re: Order Amending Rules 1910.16-1, 1910.16-2, 1910.16-3, 1910.16-3.1, 1910.16-4, 1910.16-6, and 1910.16-7 of the Pennsylvania Rules of Civil Procedure - No. 658 Civil Procedural Rules Docket
StatusPublished

This text of In Re: Order Amending Rules 1910.16-1, 1910.16-2, 1910.16-3, 1910.16-3.1, 1910.16-4, 1910.16-6, and 1910.16-7 of the Pennsylvania Rules of Civil Procedure (In Re: Order Amending Rules 1910.16-1, 1910.16-2, 1910.16-3, 1910.16-3.1, 1910.16-4, 1910.16-6, and 1910.16-7 of the Pennsylvania Rules of Civil Procedure) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Order Amending Rules 1910.16-1, 1910.16-2, 1910.16-3, 1910.16-3.1, 1910.16-4, 1910.16-6, and 1910.16-7 of the Pennsylvania Rules of Civil Procedure, (Pa. 2017).

Opinion

Rule 1910.16-1. Amount of Support. Support Guidelines.

(a) Applicability of the Support Guidelines.

(1) Except as [set forth]provided in subdivision (2)[ below], the support guidelines [set forth]determine the amount of support which a spouse or parent should pay based on the [basis of both] parties’ combined monthly net [monthly] incomes as defined in [Rule]Pa.R.C.P. No. 1910.16-2 and the number of persons being supported.

(2) In actions in which the plaintiff is a public body or private agency pursuant to [Rule]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 [monthly] income as defined in [Rule]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 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 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 1. 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 [monthly] income is $3,000. The parties’ third child is in foster care placement. Pursuant to the schedule [at Rule]in Pa.R.C.P. No. 1910.16-3, the basic child support amount for the two children with Mother is $[1,369]1,415. As Father’s income is 60% of the parties’ combined monthly net income, his basic support obligation to Mother is $[821]849 per month. The guidelines assume that Mother will provide $[548]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 $[2,179]2,151 for purposes of this calculation ($3,000 [net] less $[821]849 in support for the children with Mother). [Because]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 $[2,179]2,151 income level, or $[520]509 per month. Mother/obligor’s income will be $[1,452]1,434 for purposes of this calculation ($2,000 [net] less $[548]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 2. 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]in Example 1, 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 $[848]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 $[685]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 [that]the calculated support amount shall be deducted from the parents’ monthly net [monthly] incomes for purposes of calculating support for the child(ren) in placement.

Example 3. Mother and Father have four children, two of whom are in placement. Mother’s monthly net [monthly] income is $4,000 and Father’s is $3,000. The basic support amount for the two children in the home is $[1,628]1,660, according to the schedule [at Rule]in Pa.R.C.P. No. 1910.16-3. As Mother’s income is 57% of the parties’ combined monthly net [monthly] incomes, her share would be $[928]946, and Father’s 43% share would be $[700]714. Mother’s income for purposes of calculating support for the two children in placement would be $[3,072]3,054 ($4,000 less $[928]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 $[2,300]2,286 ($3,000 less $[700]714) and his obligation to the children in placement would be $[782]784.

***

Rule 1910.16-2. Support Guidelines. Calculation of Monthly Net Income.

(b) Treatment of Public Assistance, SSI Benefits, Social Security Payments to a Child Due to a Parent’s Death, Disability or Retirement and Foster Care Payments.

Example 1. The obligor has monthly net [monthly] income of $2,000. The obligee’s monthly net [monthly] income is $1,500 and the obligee, as primary custodial parent of the parties’ two children, receives $700 per month in Social Security

2 derivative benefits on behalf of the children as a result of the obligor’s disability. Add the children’s benefit to the obligee’s income, which now is $2,200 per month. At the parties’ combined monthly net [monthly] income of $4,200, the amount of basic child support for two children is $[1,272]1,301. As the obligor’s income is 48% of the parties’ combined monthly net income, the obligor’s preliminary share of the basic support obligation is $[611]624. However, because the obligor’s disability created the children’s Social Security derivative benefits that the obligee is receiving, the obligor’s obligation is reduced by the amount of the benefit, $700. As the support amount cannot be less than zero, the obligor’s support obligation is $0 per month. If it were the obligee’s disability that created the benefit, the obligor’s support obligation would remain $[611]624. If the obligor were receiving the children’s benefit as a result of the obligor’s retirement or disability, the obligor’s income would include the amount of the benefit and total $2,700, or 64% of the parties’ combined monthly net [monthly] income. The obligor’s share of the basic support obligation would then be $[814]833 and would not be reduced by the amount of the children’s benefit because the obligor, not the obligee, is receiving the benefit. Therefore, the obligor’s support obligation is less if the obligee is receiving the benefit created by the obligor.

Example 2. Two children live with Grandmother who receives $800 per month in Social Security death benefits for the children as a result of [their father’s]Father’s death. Grandmother also receives $500 per month from a trust established by Father for the benefit of the children. Grandmother is employed and earns $2,000 net per month. Grandmother seeks support from the children’s mother, who earns $1,500 net per month. For purposes of calculating Mother’s support obligation, Grandmother’s income will be $1,300, the amount she receives on behalf of the children in Social Security derivative benefits and the income from the trust. (If Mother were receiving the benefit on behalf of the children it would be added to her income such that Mother’s income would be $2,300 and Grandmother’s income would be $500.) Therefore, [the obligee’s]Mother’s and Grandmother’s combined monthly net [monthly] incomes total $2,800. The basic support amount at the $2,800 income level for two children is $[948]949. [Subtracting from that amount the $800 in Social Security derivative benefits Grandmother receives for the children, results in a basic support amount of $148.

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
In Re: Order Amending Rules 1910.16-1, 1910.16-2, 1910.16-3, 1910.16-3.1, 1910.16-4, 1910.16-6, and 1910.16-7 of the Pennsylvania Rules of Civil Procedure, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-order-amending-rules-191016-1-191016-2-191016-3-191016-31-pa-2017.