What's New / Errata

PA Civil Practice Handbook:

 

The 2022 Supplement to this title erroneously reads “2022 Supplement For Use With the 2021 Edition.”  It should read “2022 Supplement For Use With the 2022 Edition.”

New and Amended Domestic Relations

Statutes and Rules

DOMESTIC RELATIONS STATUTES

23 Pa.C.S. § 5329.  Consideration of criminal conviction.

(a)  Offenses.--Where a party seeks any form of custody, the court shall consider whether that party or member of that party's household has been convicted of or has pleaded guilty or no contest to any of the offenses in this section or an offense in another jurisdiction substantially equivalent to any of the offenses in this section. The court shall consider such conduct and determine that the party does not pose a threat of harm to the child before making any order of custody to that party when considering the following offenses:

 

18 Pa.C.S. Ch. 25 (relating to criminal homicide).

18 Pa.C.S. § 2702 (relating to aggravated assault).

18 Pa.C.S. § 2706 (relating to terroristic threats).

18 Pa.C.S. § 2709.1 (relating to stalking).

18 Pa.C.S. § 2718 (relating to strangulation).

18 Pa.C.S. § 2901 (relating to kidnapping).

18 Pa.C.S. § 2902 (relating to unlawful restraint).

18 Pa.C.S. § 2903 (relating to false imprisonment).

18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).

18 Pa.C.S. Ch. 30 (relating to human trafficking).

18 Pa.C.S. § 3121 (relating to rape).

18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

18 Pa.C.S. § 3126 (relating to indecent assault).

18 Pa.C.S. § 3127 (relating to indecent exposure).

18 Pa.C.S. § 3129 (relating to sexual intercourse with animal).

18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders).

18 Pa.C.S. § 3301 (relating to arson and related offenses).

18 Pa.C.S. § 4302 (relating to incest).

18 Pa.C.S. § 4303 (relating to concealing death of child).

18 Pa.C.S. § 4304 (relating to endangering welfare of children).

18 Pa.C.S. § 4305 (relating to dealing in infant children).

18 Pa.C.S. § 5902(b) or (b.1) (relating to prostitution and related offenses).

18 Pa.C.S. § 5903(c) or (d) (relating to obscene and other sexual materials and performances).

18 Pa.C.S. § 6301 (relating to corruption of minors).

18 Pa.C.S. § 6312 (relating to sexual abuse of children).

18 Pa.C.S. § 6318 (relating to unlawful contact with minor).

18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

Section 6114 (relating to contempt for violation of order or agreement).

The former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance).

75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs).

Section 13(a)(1) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, to the extent that it prohibits the manufacture, sale or delivery, holding, offering for sale or possession of any controlled substance or other drug or device.

 

(b)  Parent convicted of murder.--No court shall award custody, partial custody or supervised physical custody to a parent who has been convicted of murder under 18 Pa.C.S. § 2502(a) (relating to murder) of the other parent of the child who is the subject of the order unless the child is of suitable age and consents to the order.

 

(b.1)  Parent convicted of certain sexual offenses.--

(1)  Notwithstanding any provision of this chapter to the contrary and subject to paragraph (2), if a parent who is a victim of any of the offenses set forth in this paragraph objects, no court shall award any type of custody set forth in section 5323 (relating to award of custody) to the other parent of a child conceived as a result of any of the following offenses for which the other parent has been convicted:

18 Pa.C.S. § 3121.

18 Pa.C.S. § 3122.1.

18 Pa.C.S. § 3124.1, where the offense involved sexual intercourse.

18 Pa.C.S. § 3124.2 (relating to institutional sexual assault), where the offense involved sexual intercourse.

18 Pa.C.S. § 4302.

(2)  A court may award any type of custody set forth in section 5323 to a parent who has been convicted of an offense under paragraph (1) if:

(i)  the parent who is a victim had an opportunity to address the court;

(ii)  the child is of suitable age and consents to the custody order; and

(iii)  the court determines the award is in the best interest of the child.

(3)  Paternity of the child shall be established by voluntary acknowledgment of paternity or blood, genetic or other paternity testing acceptable to the court. The cost of the testing shall be borne by the parent who was convicted of the offense.

 

(c)  Initial evaluation.--At the initial in-person contact with the court, the judge, conference officer or other appointed individual shall perform an initial evaluation to determine whether the party or household member who committed an offense under subsection (a) poses a threat to the child and whether counseling is necessary. The initial evaluation shall not be conducted by a mental health professional. After the initial evaluation, the court may order further evaluation or counseling by a mental health professional if the court determines it is necessary.

 

(d)  Counseling.--

(1)  Where the court determines under subsection (c) that counseling is necessary, it shall appoint a qualified professional specializing in treatment relating to the particular offense to provide counseling to the offending individual.

(2)  Counseling may include a program of treatment or individual therapy designed to rehabilitate the offending individual which addresses, but is not limited to, issues regarding physical and sexual abuse, the psychology of the offender and the effects of the offense on the victim.

 

(e)  Subsequent evaluation.--

(1)  At any time during or subsequent to the counseling under subsection (d), the court may require another evaluation to determine whether further counseling is necessary.

(2)  If the court awards custody to a party who committed an offense under subsection (a) or who shares a household with an individual who committed an offense under subsection (a), the court may require subsequent evaluations on the rehabilitation of the offending individual and the well-being of the child subsequent to the order. If, upon review of a subsequent evaluation, the court determines that the offending individual poses a threat of physical, emotional or psychological harm to the child, the court may schedule a hearing to modify the custody order.

 

(f)  Costs.--The court may order a party to pay all or part of the costs of the counseling and evaluations under this section.

 

(Apr. 12, 2012, P.L.241, No.32, eff. 60 days; Oct. 1, 2015, P.L.172, No.40, eff. 60 days; May 4, 2018, P.L.112, No.21, eff. 60 days; June 5, 2020, P.L.246, No.32, eff. 60 days; June 30, 2021, P.L.197, No.38, eff. 60 days)

2021 Amendment.  Act 38 amended subsec. (a).

2015 Amendment.  Act 40 added subsec. (b.1). Section 3 of Act 40 provided that subsec. (b.1) shall apply to any action regarding custody of a child under Chapter 43 or 53 that is filed on or after the effective date of section 3.

2012 Amendment.  Act 32 amended subsec. (c).

Cross References.  Section 5329 is referred to in section 5330 of this title; section 1904 of Title 42 (Judiciary and Judicial Procedure).

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23 Pa.C.S. § 6365.  Services for prevention, investigation and treatment of child abuse.

 

(a)  Instruction and education.--Each county agency shall make available among its services for the prevention and treatment of child abuse instruction and education for parenthood and parenting skills, protective and preventive social counseling, outreach and counseling services to prevent newborn abandonment, emergency caretaker services, emergency shelter care, emergency medical services and the establishment of self-help groups organized for the prevention and treatment of child abuse, part-day services, out-of-home placement services, therapeutic activities for child and family directed at alleviating conditions that present a risk to the safety and well-being of a child and any other services required by department regulations.

 

(b)  Multidisciplinary review team.--The county agency shall make available among its services a multidisciplinary review team for the prevention, investigation and treatment of child abuse and shall convene the multidisciplinary review team at any time, but not less than annually:

(1)  To review substantiated cases of child abuse, including responses by the county agency and other agencies providing services to the child.

(2)  Where appropriate to assist in the development of a family service plan for the child.

 

(c)  Multidisciplinary investigative team.--A multidisciplinary investigative team shall be used to coordinate child abuse investigations between county agencies and law enforcement. The county agency and the district attorney shall develop a protocol for the convening of multidisciplinary investigative teams for any case of child abuse by a perpetrator involving crimes against children which are set forth in section 6340(a)(9) and (10) (relating to release of information in confidential reports). The county multidisciplinary investigative team protocol shall include standards and procedures to be used in receiving and referring reports and coordinating investigations of reported cases of child abuse and a system for sharing the information obtained as a result of any interview. The protocol shall include any other standards and procedures to avoid duplication of fact-finding efforts and interviews to minimize the trauma to the child. The district attorney shall convene the multidisciplinary investigative team in accordance with the protocol. The multidisciplinary investigative team shall consist of those individuals and agencies responsible for investigating the abuse or for providing services to the child and shall at a minimum include a health care provider, county caseworker and law enforcement official.

 

(d)  Child fatality or near fatality review team and written report.--

(1)  A child fatality or near fatality review team shall be convened by a county agency in accordance with a protocol developed by the county agency, the department and the district attorney in a case when a child dies or nearly dies as a result of child abuse as to which there is an indicated report or when the county agency has not made a status determination within 30 days. The team may convene after a county agency makes a determination of an indicated report and shall convene no later than 31 days from the receipt of the oral report to the department of the suspected child abuse. A county agency in the county where the abuse occurred and in any county where the child resided within the 16 months preceding the fatality or near fatality shall convene a child fatality or near fatality review team. A team shall consist of at least six individuals who are broadly representative of the county where the team is established and who have expertise in prevention and treatment of child abuse. With consideration given to the circumstances of each case and availability of individuals to serve as members, the team may consist of the following individuals:

(i)  A staff person from the county agency.

(ii)  A member of the advisory committee of the county agency.

(iii)  A health care professional.

(iv)  A representative of a local school, educational program or child care or early childhood development program.

(v)  A representative of law enforcement or the district attorney.

(vi)  An attorney-at-law trained in legal representation of children or an individual trained under 42 Pa.C.S. § 6342 (relating to court-appointed special advocates).

(vii)  A mental health professional.

(viii)  A representative of a children's advocacy center that provides services to children in the county. The individual under this subparagraph must not be an employee of the county agency.

(ix)  The county coroner or forensic pathologist.

(x)  A representative of a local domestic violence program.

(xi)  A representative of a local drug and alcohol program.

(xii)  An individual representing parents.

(xiii)  Any individual whom the county agency or child fatality or near fatality review team determines is necessary to assist the team in performing its duties.

(2)  Members of the team shall be responsible for all of the following:

(i)  Maintaining confidentiality of information under sections 6339 (relating to confidentiality of reports) and 6340.

(ii)  Providing and discussing relevant case-specific information.

(iii)  Attending and participating in all meetings and activities as required.

(iv)  Assisting in the development of the report under paragraph (4)(v).

(3)  The county agency, in accordance with the protocol and in consultation with the team, shall appoint an individual who is not an employee of the county agency to serve as chairperson.

(4)  The team shall perform the following:

(i)  Review the circumstances of the child's fatality or near fatality resulting from suspected or substantiated child abuse.

(ii)  Review the delivery of services to the abused child and the child's family provided by the county agency and review services provided to the perpetrator by the county agency in each county where the child and family resided within the 16 months preceding the fatality or near fatality and the services provided to the child, the child's family and the perpetrator by other public and private community agencies or professionals. This subparagraph includes law enforcement, mental health services, programs for young children and children with special needs, drug and alcohol programs, local schools and health care providers.

(iii)  Review relevant court records and documents related to the abused child and the child's family.

(iv)  Review the county agency's compliance with statutes and regulations and with relevant policies and procedures of the county agency.

(v)  Within 90 days of convening, submit a final written report on the child fatality or near fatality to the department and designated county officials under section 6340(a)(11). Within 30 days after submission of the report to the department, the report shall be made available, upon request, to other individuals to whom confidential reports may be released, as specified by section 6340. The report shall be made available to the public, but identifying information shall be removed from the contents of the report except for disclosure of: the identity of a deceased child; if the child was in the custody of a public or private agency, the identity of the agency; the identity of the public or private agency under contract with a county agency to provide services to the child and the child's family in the child's home prior to the child's death or near fatality; and the identity of any county agency that convened a child fatality or near fatality review team in respect to the child. The report shall not be released to the public if the district attorney certifies that release of the report may compromise a pending criminal investigation or proceeding. Certification by the district attorney shall stay the release of the report for a period of 60 days, at which time the report shall be released unless a new certification is made by the district attorney. The report shall include:

(A)  Deficiencies and strengths in:

(I)  compliance with statutes and regulations; and

(II)  services to children and families.

(B)  Recommendations for changes at the State and local levels on:

(I)  reducing the likelihood of future child fatalities and near fatalities directly related to child abuse and neglect;

(II)  monitoring and inspection of county agencies; and

(III)  collaboration of community agencies and service providers to prevent child abuse and neglect.

 

(d.1)  Release by county agency.--Prior to completing its child fatality or near fatality report, the investigating county agency may release the following information to the public concerning a child who died or nearly died as a result of suspected or substantiated child abuse:

(1)  The identity of the child, only in the case of a child's fatality.

(2)  If the child was in the custody of a public or private agency, the identity of the agency.

(3)  The identity of the public or private agency under contract with a county agency to provide services to the child and the child's family in the child's home prior to the child's death or near fatality.

(4)  A description of services provided under paragraph (3).

 

(e)  Response by department.--Within 45 days of receipt of a report of a child fatality or near fatality under subsection (d), the department shall review the findings and recommendations of the report and provide a written response to the county agency and the child fatality review team or near fatality review team. The department's response to the report of the child fatality or near fatality review team shall be made available, upon request, to other individuals to whom confidential reports may be released, as specified by section 6340. The department's response shall be made available to the public, but identifying information shall be removed from the contents of the response, except for disclosure of: the identity of a deceased child; if the child was in the custody of a public or private agency, the identity of the agency; the identity of the public or private agency under contract with a county agency to provide services to the child and the child's family in the child's home prior to the child's death or near fatality; and the identity of any county agency that convened a child fatality or near fatality review team in respect to the child. The response shall not be released to the public if the district attorney certifies that release of the response may compromise a pending criminal investigation or proceeding. Certification by the district attorney shall stay the release of the report for a period of 60 days, at which time the report shall be released unless a new certification is made by the district attorney.

 

(f)  Construction.--The provisions of this section shall be construed to assist in the improvement of services designed to identify and prevent child abuse and to facilitate cooperation with law enforcement agencies for the purposes set forth in this section, consistent with 18 Pa.C.S. § 9106(f.1) (relating to information in central repository or automated systems). The provisions shall not be construed to impede or interfere with criminal prosecutions of persons who have committed child abuse.

 

(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1996; Dec. 15, 1998, P.L.963, No.127, eff. Mar. 1, 1999; Dec. 9, 2002, P.L.1549, No.201, eff. 60 days; July 3, 2008, P.L.276, No.33, eff. 180 days; Dec. 18, 2013, P.L.1235, No.123, eff. 90 days; May 14, 2014, P.L.645, No.44, eff. Dec. 31, 2014; June 30, 2021, P.L.206, No.42, eff. 60 days)

2021 Amendment.  Act 42 amended subsec. (f).

2014 Amendment.  Act 44 added subsec. (d.1).

2013 Amendment.  Act 123 amended subsecs. (b) and (c).

2008 Amendment.  Act 33 added subsecs. (d), (e) and (f).

2002 Amendment.  Act 201 amended subsec. (a).

Cross References.  Section 6365 is referred to in sections 6334.1, 6340, 6343.1, 6368, 6509 of this title; section 9106 of Title 18 (Crimes and Offenses).

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23 Pa.C.S. § 6388.  Task Force on Child Pornography.

 

(a)  Establishment.--The Task Force on Child Pornography is established.

 

(b)  Purpose.--The purpose of the task force is to conduct a review to ascertain any inadequacies relating to the offense of child pornography in 18 Pa.C.S. § 6312 (relating to sexual abuse of children).

 

(c)  Composition.--The task force shall consist of the following members, who shall be appointed within 25 days after the effective date of this section:

(1)  The secretary or a designee.

(2)  The Attorney General or a designee.

(3)  The Commissioner of Pennsylvania State Police or a designee.

(4)  The Chairman of the Pennsylvania Commission on Crime and Delinquency or a designee.

(5)  The Executive Director of the Pennsylvania Commission on Sentencing or a designee.

(6)  Two members of the Senate, one appointed by the President pro tempore of the Senate and one appointed by the Minority Leader of the Senate.

(7)  Two members of the House of Representatives, one appointed by the Speaker of the House of Representatives and one appointed by the Minority Leader of the House of Representatives.

(8)  The Victim Advocate from the Office of Victim Advocate or a designee from that office.

(9)  The President of the Pennsylvania District Attorneys Association or a designee.

(10)  The Director of the Pennsylvania Coalition Against Rape or a designee.

(11)  One member of the Pennsylvania Sexual Offenders Assessment Board. If possible, the member shall be a member of the Association for the Treatment of Sexual Abusers.

(12)  One member of the Pennsylvania Internet Crimes Against Children (ICAC) Task Force.

(13)  The director of a rape crisis center located in this Commonwealth or a designee, appointed by the Governor.

(14)  One representative of a children's advocacy center that assists in the investigation, prosecution and treatment of child sexual and physical abuse cases, appointed by the Governor.

(15)  Two medical professionals that specialize in the field of child sexual abuse, one of whom shall be appointed by the President pro tempore of the Senate and one of whom shall be appointed by the Speaker of the House of Representatives.

(16)  One member of the public, appointed by the President pro tempore of the Senate.

(17)  One member of the public, appointed by the Speaker of the House of Representatives.

 

(d)  Chairperson.--The Governor shall select the chairperson of the task force.

 

(e)  Member requirements.--

(1)  The appointed members of the task force under subsection (c)(16) and (17) must be individuals who have experience in investigations or prosecutions of child pornography or sexual abuse of children, have experience in the treatment of victims of child pornography or sexual abuse of children, have experience in the prevention of child pornography or sexual abuse of children or are victims of child pornography or sexual abuse of children.

(2)  The appointment of members must reflect the geographic diversity of this Commonwealth.

 

(f)  Meetings and expenses.--The task force shall conduct its business as follows:

(1)  The task force shall meet at least four times but may hold additional meetings as determined by the chairperson of the task force.

(2)  The chairperson of the task force shall schedule a meeting upon written request of eight members of the task force.

(3)  The first meeting of the task force shall be convened within 45 days of the effective date of this section.

(4)  The task force shall hold public hearings as necessary to obtain the information required to conduct its review.

(5)  Action of the task force shall be authorized or ratified by majority vote of the members of the task force.

(6)  The Pennsylvania Commission on Crime and Delinquency and the Joint State Government Commission shall cooperate to provide administrative or other assistance to the task force.

(7)  The members of the task force shall not receive compensation but shall be reimbursed for reasonable and necessary expenses incurred in the service of the task force.

 

(g)  Powers.--The task force shall have the following powers:

(1)  To recommend any improvements relating to the investigation and prosecution of child pornography as defined in 18 Pa.C.S. § 6312.

(2)  To recommend any necessary changes in State statutes and practices, policies and procedures relating to the recognition or prosecution of child pornography as defined in 18 Pa.C.S. § 6312.

 

(h)  Report.--

(1)  Within one year of the first meeting of the task force, the task force shall submit a report with its recommendations to the following:

(i)  The Governor.

(ii)  The President pro tempore of the Senate.

(iii)  The Speaker of the House of Representatives.

(iv)  The chairperson and minority chairperson of the Judiciary Committee of the Senate.

(v)  The chairperson and minority chairperson of the Judiciary Committee of the House of Representatives.

(2)  The report under this subsection must be adopted at a public meeting of the task force.

(3)  The report under this subsection shall be a public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

 

(i)  Expiration.--The task force shall expire upon the submission of the report under subsection (h).

 

(j)  Definition.--As used in this section, the term "task force" means the Task Force on Child Pornography established in this section.

 

(June 30, 2021, P.L.249, No.53, eff. 60 days)

2021 Amendment.  Act 53 added section 6388.

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18 Pa.C.S. § 6312.  Sexual abuse of children.

 

(a)  Definition.--(Deleted by amendment).

 

(b)  Photographing, videotaping, depicting on computer or filming sexual acts.--

(1)  Any person who causes or knowingly permits a child under the age of 18 years to engage in a prohibited sexual act or in the simulation of such act commits an offense if such person knows, has reason to know or intends that such act may be photographed, videotaped, depicted on computer or filmed.

(2)  Any person who knowingly photographs, videotapes, depicts on computer or films a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such an act commits an offense.

 

(c)  Dissemination of photographs, videotapes, computer depictions and films.--Any person who knowingly sells, distributes, delivers, disseminates, transfers, displays or exhibits to others, or who possesses for the purpose of sale, distribution, delivery, dissemination, transfer, display or exhibition to others, any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act commits an offense.

 

(d)  Child pornography.--Any person who intentionally views or knowingly possesses or controls any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act commits an offense.

 

(d.1)  Grading.--The offenses shall be graded as follows:

(1)  Except as provided in paragraph (3), an offense under subsection (b) is a felony of the second degree.

(2)  (i)  Except as provided in paragraph (3), a first offense under subsection (c) or (d) is a felony of the third degree.

(ii)  A second or subsequent offense under subsection (c) or (d) is a felony of the second degree.

(3)  When a person commits an offense graded under paragraph (1) or (2)(i), the grading of the offense shall be one grade higher than the grade specified in paragraph (1) or (2)(i) if:

(i)  indecent contact with the child as defined in section 3101 (relating to definitions) is depicted; or

(ii)  the child depicted is under 10 years of age or prepubescent.

 

(e)  Evidence of age.--In the event a person involved in a prohibited sexual act is alleged to be a child under the age of 18 years, competent expert testimony shall be sufficient to establish the age of said person.

 

(e.1)  Mistake as to age.--Under subsection (b) only, it is no defense that the defendant did not know the age of the child. Neither a misrepresentation of age by the child nor a bona fide belief that the person is over the specified age shall be a defense.

 

(f)  Exceptions.--This section does not apply to any of the following:

(1)  Any material that is viewed, possessed, controlled, brought or caused to be brought into this Commonwealth, or presented, for a bona fide educational, scientific, governmental or judicial purpose.

(2)  Conduct prohibited under section 6321 (relating to transmission of sexually explicit images by minor), unless the conduct is specifically excluded by section 6321(d).

(3)  An individual under 18 years of age who knowingly views, photographs, videotapes, depicts on a computer or films or possesses or intentionally views a visual depiction as defined in section 6321 of himself alone in a state of nudity as defined in section 6321.

 

(f.1)  Criminal action.--

(1)  A district attorney shall have the authority to investigate and to institute criminal proceedings for any violation of this section.

(2)  In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for any violation of this section or any series of violations of this section involving more than one county of this Commonwealth or involving any county of this Commonwealth and another state. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

 

(g)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Intentionally views."  The deliberate, purposeful, voluntary viewing of material depicting a child under 18 years of age engaging in a prohibited sexual act or in the simulation of such act. The term shall not include the accidental or inadvertent viewing of such material.

"Prohibited sexual act."  Sexual intercourse as defined in section 3101 (relating to definitions), masturbation, sadism, masochism, bestiality, fellatio, cunnilingus, lewd exhibition of the genitals or nudity if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such depiction.

 

(Oct. 26, 1977, P.L.212, No.62, eff. 60 days; Dec. 19, 1988, P.L.1275, No.158, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Nov. 20, 2002, P.L.1104, No.134, eff. 60 days; July 14, 2009, P.L.63, No.15, eff. 60 days; Oct. 7, 2010, P.L.482, No.69, eff. 60 days; Oct. 25, 2012, P.L.1623, No.198, eff. 60 days; Dec. 18, 2013, P.L.1163, No.105, eff. Jan. 1, 2014; June 30, 2021, P.L.249, No.53, eff. 60 days)

2021 Amendment.  Act 53 amended subsec. (d.1)

2013 Amendment.  Act 105 amended subsecs. (b), (c) and (d) and added subsec. (d.1).

2012 Amendment.  Act 198 amended subsec. (f).

2010 Amendment.  Act 69 added subsec. (f.1).

2009 Amendment.  Act 15 amended subsecs. (d) hdg. and (1) and (f), added subsec. (g) and deleted subsec. (a).

Cross References.  Section 6312 is referred to in sections 3051, 3104, 3131, 5743.1, 6318, 6321, 7621, 7626, 7627 of this title; section 3304 of Title 5 (Athletics and Sports); section 2106 of Title 20 (Decedents, Estates and Fiduciaries); sections 5329, 6303, 6344, 6388, 6702 of Title 23 (Domestic Relations); sections 5552, 5920, 5985.1, 5993, 62A03, 6302, 9718.1, 9720.5, 9730.3, 9799.14, 9799.55 of Title 42 (Judiciary and Judicial Procedure); section 3113 of Title 63 (Professions and Occupations (State Licensed)).

 

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Domestic Relations Court Rules

PROTECTION FROM ABUSE

Rule 1901.  Definitions

   As used in this chapter:

   Act—Protection From Abuse Act No. 206 approved December 19, 1990, 23 Pa.C.S. § 6101 et seq.

   Action—A proceeding for protection from abuse defined in § 6102 of the Act.

   Court—The court of common pleas.

   Emergency Order—An order entered by a hearing officer, who is a person meeting the definition set forth at 23 Pa.C.S. § 6102.

   Fees—Any costs associated with the filing, issuance, registration, service or appeal of a Protection From Abuse matter, including any foreign protection order.

Temporary Order—An ex parte order entered by the court pursuant to 23 Pa.C.S. § 6107.

 

Adopted March 9, 1997, effective April 10, 1977; Amended October 19, 2021, effective January 1. 2022.

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Rule 1901.3.  Commencement of Action.

   (a)  Except as provided in subdivision (b), a plaintiff shall commence an action by presenting to the court or filing with the prothonotary a petition setting forth the alleged abuse by the defendant. The petition shall be substantially in the form set forth in Pa.R.C.P. No. 1905(b) and shall have as its first page the Notice of Hearing and Order set forth in Pa.R.C.P. No. 1905(a).

   (b)  An action may be commenced by filing with the prothonotary a certified copy of an emergency order entered pursuant to 23 Pa.C.S. § 6110, including orders issued by a hearing officer.

   (c)  Any fees associated with this action shall not be charged to the plaintiff.

   (d)  The hearing officer shall follow the procedures set forth in the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges for emergency relief under the Protection From Abuse Act.

Note: See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

Adopted March 9, 1977, effective April 10, 1977. Amended March 30, 1994, effective July 1, 1994. Renumbered from          Rule 1902 and amended March 9, 1998, effective July 1, 1998. Amended May 2, 2006, effective May 9, 2006;        Jan. 5, 2018, effective Jan. 6, 2018; June 1, 2018, effective on July 1, 2018; October 19. 2021, effective January 1,                2022.

 

________________________________

 

SUPPORT

 

Rule 1910.1. Scope. Definitions

(a) Except as provided by subdivision (b), the rules of this chapter govern all civil actions or proceedings brought in the court of common pleas to enforce a duty of support, or an obligation to pay alimony pendente lite. 

Note: A duty of support is imposed by the following statutes: 23 Pa.C.S.A. § 4321 and Section 3 of the Support Law of June 24, 1937, P.L. 2045, 62 P.S. § 1973 (repealed) now Act 43-2005, July 7, 2005, P.L. 196. The procedure under the rules of this chapter implements Chapter 43 of Part V of the Domestic Relations Code, Title 23 of the Consolidated Statutes, 23 Pa.C.S.A. § 4301 et seq., relating to support proceedings. The procedure under these rules provides an alternative to the intrastate and interstate procedures under Parts VIII and VIII-A of the Domestic Relations Code, 23 Pa.C.S.A §§ 7101 et seq. and 8101 et seq. For alimony and alimony pendente lite, see Sections 3701 and 3702 of the Divorce Code, 23 Pa.C.S.A §§ 3701, 3702.

 

Note: Long arm jurisdiction is available in support actions brought pursuant to these rules per 23 Pa.C.S.A. § 4342(c).

(b) The rules of this chapter shall not govern

 (1) an action or proceeding for support based upon a contract or agreement which provides that it may not be enforced by an action in accordance with these rules,

 (2) an application for a temporary order of support and other relief pursuant to the Protection from Abuse Act of December 19, 1990, P.L. 1240, No. 206, 23 Pa.C.S.A § 6101 et seq. or

 (3) an action for support of an indigent brought pursuant to Chapter 46 of the Domestic Relations Code, 23 Pa.C.S.A. § 4601 et seq.

 

Note: Where a contract or agreement provides that it cannot be enforced in accordance with the rules, actions upon a contract or agreement for support are to be heard by the court and not a conference officer or hearing officer under Rules 1910.11 or 1910.12. However, such actions should be expedited and given preference in court listings.

(c) As used in this chapter, unless the context of a rule indicates otherwise, the following terms shall have the following meanings:

 

“Conference officer,” the person who conducts an office conference pursuant to Rule 1910.11.

 

“Hearing officer,” the person who conducts a hearing on the record and makes recommendations to the court pursuant to Rule 1910.12.

 

“Overdue support,” the amount of delinquent support equal to or greater than one month’s support obligation which accrues after entry or modification of a support order as the result of obligor’s nonpayment of that order.

 

“Past due support,” the amount of support which accrues prior to entry or modification of a support order as the result of retroactivity of that order. When nonpayment of the order causes overdue support to accrue, any and all amounts of past due support owing under the order shall convert immediately to overdue support and remain as such until paid in full.

 

“Suspend,” eliminate the effect of a support order for a period of time.

 

“Terminate,” end not only the support order, but the support obligation as well.

 

“Trier-of-fact,” the judge, hearing officer, or conference officer who makes factual determinations.

 

“Vacate,” declare a particular support order null and void, as if it were never entered.

 

Adopted April 23, 1981, effective July 22, 1981. Amended Nov. 7, 1988, effective Jan. 1, 1989; March 30, 1994, effective July 1, 1994; April 15, 1994, effective July 1, 1994; Dec. 8, 1994, effective July 1, 1995; May 31, 2000, effective July 1, 2000; Jan. 22, 2007, imd. effective; Aug. 17, 2021, effective Jan. 1, 2022.

 

EXPLANATORY COMMENT--MARCH 30, 1994

 

Nothing in this rule should be interpreted to eliminate the distinctions between spousal support and alimony pendente lite which are established by case law.

 

Alimony pendente lite must be distinguished from permanent alimony for purposes of this rule. The rule applies only to alimony pendente lite. The procedure for obtaining permanent alimony is governed by Section 3702 of the Divorce Code, 23 Pa.C.S.A. § 3702, and Rules of Civil Procedure 1920.1 et seq. Agreements for alimony approved by the court in connection with actions for divorce under Section 3701 of the Divorce Code are deemed to be court orders enforceable under Section 3703 of the Code.

 

Section 3105(a) of the Divorce Code provides that all agreements relating to matters under the code, whether or not merged or incorporated into the decree, are to be treated as orders for purposes of enforcement unless the agreement provides otherwise. Subdivision (b)(1) is amended to conform to the statute.

 

There is considerable diversity in the terminology used throughout the rules, and in the various counties, to describe the individuals who conduct conferences and hearings pursuant to the support rules. The addition of subdivision (c) to the rule standardizes terminology and eliminates the confusion which results from individual counties using inconsistent terms to refer to persons performing the same function. All references in the rules to conference or hearing officers have been amended to conform to the terminology set forth in subdivision (c).

EXPLANATORY COMMENT--APRIL 15, 1994

 

In an effort to further standardize the terminology used in support matters, the additional terms are defined.

 

EXPLANATORY COMMENT--2000

 

Act 1998-127 technically amended Act 1997-58 to define and differentiate between past due and overdue support to clarify that only overdue support constitutes a lien by operation of law against the obligor’s real or personal property. 23 Pa.C.S.A. § 4302 now defines overdue support as “support which is delinquent under a payment schedule established by the court.” Past due support is defined as “support included in an order of support which has not been paid.”

 

The definitions of past due and overdue support in this rule do not substantively change the legislative definitions. They merely elaborate on them in terms which are more familiar and helpful to the bench and bar. Specifically, past due support consists of the purely retroactive arrearages which accumulate between the date of the filing of the complaint or petition for modification and the date of the hearing and entry of the initial or modified support order. Overdue support refers to the delinquent arrearages which accrue after entry of the order due to the obligor’s failure to pay support pursuant to the order.

 

These definitions are important for determining the remedies available for collecting support arrearages. Pursuant to 23 Pa.C.S.A. § 4352(d), only overdue support (delinquent arrearages) constitutes a lien by operation of law against the obligor’s property. Conversely, past due support (retroactive arrears) does not operate as a lien against this property as long as the obligor remains current on the support order.

 

Rule 1910.20 extends this legislative distinction between overdue and past due support to the following remedies available to collect support: (1) consumer agency reporting under 23 Pa.C.S.A. § 4303; (2) suspension of licenses under 23 Pa.C.S.A. § 4355; and (3) the full range of new collection remedies under 23 Pa.C.S.A. § 4305(b)(10). Accordingly, these remedies are available only to collect overdue support. They are not available to collect past due support as long as the obligor remains current on the order. If, however, the obligor subsequently defaults on the support order, Rule 1910.20(c) provides that any past due support still owing under the order immediately becomes overdue support subject to the full range of collection remedies. It remains overdue support until collected in full.

 

Pursuant to Rule 1910.20(c), all overdue support, including past due support which has converted to overdue support, remains subject to Act 58 remedies until paid in full. Any repayment plan subsequently agreed to by the parties, or ordered by the court pursuant to a contempt proceeding (including any arrearage component), does not preclude the use of these remedies for collecting overdue support more quickly, whenever feasible.

 

In cases involving past due support only, the obligee is not entirely without remedy in the event that additional income or assets of the obligor are discovered after the hearing which would enable collection of past due support more quickly. In these cases, identification of those income sources or assets provides a basis for modification pursuant to Rule 1910.19. Modification includes increasing the rate of repayment on past due support and, if appropriate, ordering that the past due support be paid in full. In these cases, the obligee may also petition the court for special relief pursuant to Rule 1910.26 to have the income or assets frozen and seized pending the petition for modification in order to secure payment of past due support.

 

EXPLANATORY COMMENT--2007

 

Act 43-2005, July 7, 2005, P.L. 196, repealed the Act of June 24, 1937 (P.L. 2045, No. 397), known as The Support Law and added Chapter 46 to the Domestic Relations Code, 23 Pa.C.S.A. § 4601 et seq. Section 4 of Act 43-2005 states that the addition of Chapter 46 is a continuation of the Act of June 24, 1937 (P.L. 2045, No. 397). Chapter 46 addresses the responsibility of certain family members to maintain indigent relatives, whether or not the indigent person is a public charge. New subdivision (b)(3) clarifies that the support rules and guidelines do not apply to actions brought under Chapter 46 of the Domestic Relations Code. 

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Rule 1910.11.  Office Conference. Subsequent  Proceedings. Order.

   (a)  Office Conference

(1)  A conference officer shall conduct the office conference.

(2)  A lawyer serving as a conference officer employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer,  or judge of the same judicial district.

Note: Conference officers preside at office conferences under Pa.R.C.P. No. 1910.11. Hearing officers preside at hearings under Pa.R.C.P. No. 1910.12. The appointment of a hearing officer to hear actions in divorce or for annulment of marriage is authorized by Pa.R.C.P. No. 1920.51.

   (b)  If a party fails to appear at the conference as directed by the court, the conference may proceed.

   (c)  At the conference, the parties shall provide to the conference officer the following documents:

•  the most recently filed individual federal income tax returns, including all schedules, W-2s, and 1099s;
•  the partnership or business tax returns with all schedules, including K-1, if the party is self-employed or a principal in a partnership or business entity;
•  pay stubs for the preceding six months;
•  verification of child care expenses;
•  child support, spousal support, alimony pendente lite, or alimony orders or agreements for other children or former spouses;
•  proof of available medical coverage; and
•  an Income Statement and, if necessary, an Expense Statement on the forms provided in Pa.R.C.P. No. 1910.27(c) and completed as set forth in subdivisions (c)(1) and (2).

Note: See Pa.R.C.P. No. 1930.1(b). To the extent this rule applies to actions not governed by other legal authority regarding confidentiality of information and documents in support actions or that attorneys or unrepresented parties file support-related confidential information and documents in non-support actions (e.g., divorce, custody), the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania shall apply.

(1)  The parties shall provide the conference officer with a completed:

(i)  Income Statement as set forth in Pa.R.C.P. No. 1910.27(c)(1) in all support cases, including high-income cases under Pa.R.C.P. No. 1910.16-3.1; and

(ii)  Expense Statement as set forth in Pa.R.C.P. No. 1910.27(c)(2)(A), if a party:

(A)  claims that unusual needs and unusual fixed expenses may warrant a deviation from the guideline support amount pursuant to Pa.R.C.P. No. 1910.16-5; or

(B)  seeks expense apportionment pursuant to Pa.R.C.P. No. 1910.16-6.

(2)  For high-income support cases as set forth in Pa.R.C.P. No. 1910.16-3.1, the

   (d)  Conference Officer Recommendation.

(1)  The conference officer shall calculate and recommend a guideline support amount to the parties.

(2)  If the parties agree on a support amount at the conference, the conference officer shall:

(i)  prepare a written order consistent with the parties’ agreement and substantially in the form set forth in Pa.R.C.P. No. 1910.27(e), which the parties shall sign; and

(ii)  submit to the court the written order along with the conference officer’s recommendation for approval or disapproval.

(iii)  The court may enter the order in accordance with the agreement without hearing from the parties.

(3)  In all cases in which one or both parties are unrepresented, the parties must provide income information to the domestic relations section so that a guidelines calculation can be performed.

(4)  In cases in which both parties are represented by counsel, the parties shall not be obligated to provide income information and the domestic relations section shall not be required to perform a guidelines calculation if the parties have reached an agreement about the amount of support and the amount of contribution to additional expenses.

   (e)  At the conclusion of the conference or not later than 10 days after the conference, the conference officer shall prepare a conference summary and furnish copies to the court and to both parties. The conference summary shall state:

(1)  the facts upon which the parties agree;

(2)  the contentions of the parties with respect to facts upon which they disagree; and

(3)  the conference officer’s recommendation; if any, of

(i)  the amount of support and by and for whom the support shall be paid; and

(ii)  the effective date of any order.

   (f)  If an agreement for support is not reached at the conference, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e). Each party shall be provided, either in person at the time of the conference or by mail, with a copy of the interim order and written notice that any party may, within twenty days after the date of receipt or the date of the mailing of the interim order, whichever occurs first, file a written demand with the domestic relations section for a hearing before the court.

   (g)  A demand for a hearing before the court shall not stay the interim order entered under subdivision (f) unless the court so directs.

   (h)  If no party demands a hearing before the court within the twenty day period, the interim order shall constitute a final order.

(i)  If a demand is filed, there shall be a hearing de novo before the court. The domestic relations section shall schedule the hearing and give notice to the parties. The court shall hear the case and enter a final order substantially in the form set forth in Rule 1910.27(e) within sixty days from the date of the written demand for hearing.

   (j)(1)  Promptly after receipt of the notice of the scheduled hearing, a party may move the court for a separate listing where:

(i)  there are complex questions of law, fact or both; or

(ii)  the hearing will be protracted; or

(iii)  the orderly administration of justice requires that the hearing be listed separately.

(2)  If the motion for separate listing is granted, discovery shall be available in accordance with Rule 4001 et seq.

Note: The rule relating to discovery in domestic relations matters generally is Rule 1930.5.

   (k) No motion for post-trial relief may be filed to the final order of support.

    Adopted April 23, 1981, effective July 22, 1981. Amended October 19, 1983, effective January 1, 1984. November 7, 1988, effective January 1, 1989; September 29, 1989, effective October 15, 1989; March 30, 1994, effective July 1, 1994; December 2, 1994, effective March 1, 1995; September 8, 1995, effective January 1, 1996; May 5, 1997, effective July 1, 1997; May 31, 2000, effective July 1, 2000; August 8, 2006, immediately effective; November 8, 2006, effective February 6, 2007; October 30, 2007, immediately effective; January 12, 2010, effective May 12, 2010; August 26, 2011, effective November 1, 2011; December 23, 2011, effective January 31, 2012; July 2, 2014, effective August 1, 2014; March 4, 2015, effective April 3, 2015; January 5, 2018, effective January 6, 2018; June 1, 2018, effective July 1, 2018; December 28, 2018, effective January 1, 2019; October 19, 2021, effective January 1, 2022.

Explanatory Comment—1994

The domestic relations office conference provided by Rule 1910.11 constitutes the heart of the support procedure. There are two primary advantages to the inclusion of a conference. First, in many cases the parties will agree upon an amount of support and a final order will be prepared, to be entered by the court, thus dispensing with a judicial hearing. Second, those cases which do go to hearing can proceed more quickly because the necessary factual information has already been gathered by the conference officer.

   Subdivision (a)(2)  prohibits certain officers of the court from practicing family law before fellow officers of the same court. These officers are the conference officer who is an attorney (Rule 1910.11), the hearing officer (Rule 1910.12), and the standing or permanent master who is employed by the court (Rule 1920.51). The amendments are not intended to apply to the attorney who is appointed occasionally to act as a master in a divorce action.

   Subdivision (e)(3)  makes clear that even if the parties agree on an amount of support, the conference officer is still empowered to recommend to the court that the agreement be disapproved. This provision is intended to protect the destitute spouse who might out of desperation agree to an amount of support that is unreasonably low or which would in effect bargain away the rights of the children. The officer’s disapproval of the agreement serves to prevent an inadequate order being entered unwittingly by the court.

   The provision for an interim order in subdivision (f) serves two purposes. First, it ensures that the obligee will receive needed support for the period during which the judicial determination is sought. Second, it eliminates the motive of delay in seeking a judicial determination.

   Because the guidelines are income driven, the trier of fact has little need for the expense information required in the Income and Expense Statement. Therefore in guideline cases, the rule no longer requires that expense information be provided. If a party feels that there are expenses so extraordinary that they merit consideration by the trier of fact, that party is free to provide the information. In cases decided according to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), living expenses are properly considered, and therefore must be presented on the Income and Expense Statement.

Explanatory Comment—1995

Rule 1910.11(e) is amended to eliminate the need for a party to request a copy of the conference summary.

   Because the court is required to enter a guideline order on the basis of the conference officer’s recommendation, there is no need for (g)(2), which provided for a hearing before the court where an order was not entered within five days of the conference. It is eliminated accordingly.

   Pursuant to subdivision (g), support payments are due and owing under the interim order which continues in effect until the court enters a final order after the hearing de novo. The provision for an interim order serves two purposes. First, it ensures that the obligee will receive needed support for the period during which the judicial determination is sought. Second, it eliminates the motive of delay in seeking a judicial determination. Therefore, the plaintiff and the dependent children are not prejudiced by allowing the court sixty days, rather than the original forty-five, in which to enter its final order.

Explanatory Comment—2006

The time for filing a written demand for a hearing before the court has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the entry of the order, to assure Commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

   The amendments reflect the separated Income Statement and Expense Statements in Rule 1910.27(c).

Explanatory Comment—2010

When the parties’ combined net income exceeds $ 30,000 per month, calculation of child support, spousal support and alimony pendente lite shall be pursuant to Rule 1910.16-3.1. Rule 1910.16-2(e) has been amended to eliminate the application of Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), in high income child support cases.

Explanatory Comment—2011

The rule has been amended to require that income information be provided in all cases, unless both parties are represented in reaching an agreement, so that a guidelines calculation can be performed. The guidelines create a rebuttable presumption that the amount calculated pursuant to them is the correct amount, so there should be a calculation in every case. If parties agree to receive or to pay an order other than the guideline amount, they should know what that amount is so that they can enter an agreement knowingly. If both parties are represented by counsel, it is assumed that their entry into the agreement for an amount other than a guidelines amount is knowing as it is counsels’ responsibility to advise the parties. In addition, part of the mandatory quadrennial review of the support guidelines mandates a study of the number of cases in which the support amount ordered varies from the amount that would result from a guidelines calculation. Federal regulations presume that if a large percentage of cases vary from the guideline amount, then the guidelines are not uniform statewide.

 

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Rule 1910.12. Office Conference. Hearing. Record. Exceptions. Order

   (a)  Office Conference.

There shall be an office conference as provided by Pa.R.C.P. No. 1910.11(a) through (d). The provisions of Rule 1910.11(d)(3) and (4) regarding income information apply in cases proceeding pursuant to Pa.R.C.P. No. 1910.12.

   (b)  Conference Conclusion.

            (1)  At the conclusion of a conference attended by both parties, if an agreement for support has not been reached, and the conference and hearing are not scheduled on the same day, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Pa.R.C.P. No. 1910.27(e), and the parties shall be given notice of the date, time and place of a hearing. A record hearing shall be conducted by a hearing officer who must be a lawyer.

      (2)  If either party, having been properly served, fails to attend the conference, the court may enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Pa.R.C.P. No. 1910.27(e). Within 20 days after the date of receipt or the date of mailing of the interim order, whichever occurs first, either party may demand a hearing before a hearing officer. If no hearing is requested, the order shall become final.

      (3)  Any lawyer serving as a hearing officer employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, or judge of the same judicial district.

Note: Conference officers preside at office conferences under Pa.R.C.P. No.1910.11. Hearing officers preside at hearings under Pa.R.C.P. No.1910.12. The appointment of masters to hear actions in divorce or for annulment of marriage is authorized by Pa.R.C.P. No.1920.51.

   (c)  Separate Listing.

            (1)  Except as provided in subdivision (c)(2), promptly after the conference’s conclusion, a party may move the court for a separate listing of the hearing if:

(i)  there are complex questions of law, fact or both;

(ii)  the hearing will be protracted; or

(iii)  the orderly administration of justice requires that the hearing be listed separately.

      (2)  When the conference and hearing are scheduled on the same day, all requests for separate listing shall be presented to the court at least seven days prior to the scheduled court date.

      (3)  If the motion for separate listing is granted, discovery shall be available in accordance with Pa.R.C.P. No. 4001 et seq.

Note: The rule relating to discovery in domestic relations matters generally is Pa.R.C.P. No. 1930.5.

   (d)  The hearing officer shall receive evidence, hear argument and, not later than 20 days after the close of the record, file with the court a report containing a recommendation with respect to the entry of an order of support. The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order substantially in the form set forth in Rule 1910.27(e) stating:

(1)  the amount of support calculated in accordance with the guidelines;

(2)  by and for whom it shall be paid; and

(3)  the effective date of the order.

   (e)  The court, without hearing the parties, shall enter an interim order consistent with the proposed order of the hearing officer. Each party shall be provided, either in person at the time of the hearing or by mail, with a copy of the interim order and written notice that any party may, within twenty days after the date of receipt or the date of mailing of the order, whichever occurs first, file with the domestic relations section written exceptions to the report of the hearing officer and interim order.

Note: Objections to the entry of an interim order consistent with the proposed order may be addressed pursuant to Rule 1910.26.

   (f)  Within twenty days after the date of receipt or the date of mailing of the report by the hearing officer, whichever occurs first, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of facts, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final order, leave is granted to file exceptions raising those matters. If exceptions are filed, any other party may file exceptions within twenty days of the date of service of the original exceptions.

   (g)  If no exceptions are filed within the twenty-day period, the interim order shall constitute a final order.

   (h)  If exceptions are filed, the interim order shall continue in effect. The court shall hear argument on the exceptions and enter an appropriate final order substantially in the form set forth in Rule 1910.27(e) within sixty days from the date of the filing of exceptions to the interim order. No motion for post-trial relief may be filed to the final order.

    Adopted April 23, 1981, effective July 22, 1981. Amended Oct. 19, 1983, effective Jan. 1, 1984; March 23, 1987, effective July 1, 1987; Nov. 7, 1988, effective Jan. 1, 1989; Sept. 29, 1989, effective Oct. 15, 1989; March 30, 1994, effective July 1, 1994; Sept. 8, 1995, effective Jan. 1, 1996; May 5, 1997, effective July 1, 1997; May 31, 2000, effective July 1, 2000; Aug. 8, 2006, imd. effective; Aug. 26, 2011, effective Nov. 1, 2011; Dec. 23, 2011, effective Jan. 31, 2012; July 2, 2014, effective August 1, 2014; March 4, 2015, effective April 3, 2015; October 19, 2021, effective January 1, 2022.

Explanatory Comment—1995

   Language is added to subdivision (b) to acknowledge that the conference and hearing can be held the same day, and to provide for the immediate entry of an interim order in judicial districts where the hearing occurs at a later date. New subdivision (b)(2) permits entry of a guideline order after a conference which the defendant, though properly served, fails to attend. New subdivision (c)(2) is intended to prevent delays in the hearing of complex cases by requiring that requests for separate listing be made at least seven days in advance where the conference and hearing are scheduled on the same day.

   In addition, the phrase “record hearing” in subdivision (a) replaces the reference to a “stenographic record” in recognition of the variety of means available to create a reliable record of support proceedings.

   Amended subdivision (e) allows an interim order to be entered and served on the parties at the conclusion of the hearing, rather than after the expiration of the exceptions period as was true under the old rule. In addition, the amended subdivision requires that the interim order include language advising the parties of their right to file exceptions within ten days of the date of the order.

   Support payments are due and owing under the interim order which continues in effect until the court enters a final order after considering the parties’ exceptions. Therefore, extension of the deadline for entering the final order by fifteen days does not prejudice the persons dependent upon payment of the support.

Explanatory Comment—2006

   The time for filing exceptions has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the entry of the order, to assure Commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

Annotation

 

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Rule 1910.16-1. Support Obligation. Support Guidelines

(a) Applicability of the Support Guidelines.

(1) Except as provided in subdivision (a)(3), the support guidelines determine a spouse’s or parent’s support obligation 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 name the parents as defendants;

 

(ii) in determining the basic child support obligation, 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 obligation, 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 obligation as a separate obligor; and

 

(iv) as with other support actions, the trier-of-fact may adjust or deviate the basic child support, spousal support, or alimony pendente lite obligation 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 $993 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 $596 ($993 x 60%) and Father’s preliminary monthly share of the child support obligation is $397 ($993 x 40%). Maternal grandmother is the obligee with Mother and Father as separate obligors owing $596 and $397, respectively, to the maternal grandmother. 

(3) In an action in which the plaintiff is a public body or private agency pursuant to Pa.R.C.P. No. 1910.3, the basic child support obligation shall be calculated under the guidelines based upon the parent’s monthly net income with the public or private entity’s monthly net income as zero. In such cases, each parent shall be treated as a separate obligor, and the parent’s obligation will be based upon the parent’s monthly net income without regard to the other parent’s monthly net income.

(i) The basic child support obligation owed to a child not in placement shall be deducted from each parent’s monthly net income before calculating support for the child in placement, including the direct support the support guidelines assume the custodial parent will provide.

 

Example 2. The parents have three children and do not live in the same household. Mother has primary custody of two children and monthly net income of $2,500 per month. Father’s monthly net income is $4,000. 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 obligation for the two children with Mother is $1,733. As Father’s income is 62% of the parties’ combined monthly net income, Father’s basic child support obligation to Mother is $1,074 per month. The guidelines assume that Mother will provide $659 per month in direct expenditures to the two children. The agency/obligee brings an action against each parent for the support of the child in placement. Father/obligor’s monthly net income will be $2,926 for purposes of this calculation ($4,000 less $1,074 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 basic child support obligation for one child at the $2,926 income level, or $674 per month. Mother/obligor’s net income will be $1,841 for purposes of this calculation ($2,500 less $659 in direct support to the children in Mother’s custody. Mother’s support obligation will be 100% of the basic child support obligation for one child at that income level, or $423 per month.

 

Example 3. The parents 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 monthly net income for determining his obligation to the children in placement would be $3,500 ($4,000 less $500 support for two children of prior marriage). Father’s obligation to the agency would be $1,205 per month (100% of the basic child support obligation for two children at the $3,500 per month income level). Mother’s monthly net income would not be diminished as she owes no other child support. Mother would owe $877 for the children in placement (100% of the basic child support obligation for two children at the $2,500 income level).

(ii) If the parents reside in the same household, each parent’s respective basic child support obligation to a child that remains in the household and is not in placement shall be calculated according to the guidelines, with the parent having the higher income as the obligor, and the calculated basic child support obligation shall be deducted from the parents’ monthly net incomes for purposes of calculating support for a child in placement.

 

Example 4. The parents 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 child support obligation for the two children in the home is $1,841, according to the schedule in Pa.R.C.P. No. 1910.16-3. As Mother’s monthly net income is 57% of the parties’ combined monthly net income, her share would be $1,049, and Father’s 43% share would be $792. Mother’s monthly net income for purposes of calculating support for the two children in placement would be $2,951 ($4,000 less $1,049). She would pay 100% of the basic child support obligation at that income level, or $1,026, for the children in placement. Father’s monthly net income would be $2,208 ($3,000 less $792), and his obligation to the children in placement would be $772.

 

(iii) If the basic child support obligation exceeds the placement’s cost, the trier-of-fact shall: 

(A) deviate the basic child support obligation downward; and 

(B) apply the parent’s percentage of the combined monthly net income to the reduced basic child support 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 the party’s other expenditures. 

(b) Support Obligation. The support obligation (child support, spousal support, or alimony pendente lite) awarded pursuant to the Pa.R.C.P. Nos. 1910.11 and 1910.12 procedures shall be determined in accordance with the support guidelines, which consist of the guidelines expressed as the basic 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 support guidelines as set forth in these rules. 

(c) Spousal Support and Alimony Pendente Lite.

(1) Spousal support and alimony pendente lite orders shall not be in effect simultaneously. 

(2) In determining a spousal support or alimony pendente lite obligation’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 obligation is the correct support obligation.

(1) The presumption is rebutted if the trier-of-fact concludes in a written finding or states on the record that the guideline support obligation is unjust or inappropriate. 

(2) The trier-of-fact shall consider the child’s and parties’ special needs and obligations, and apply the Pa.R.C.P. No. 1910.16-5 deviation factors, as appropriate.

(e) Support Guidelines Review. The support guidelines shall be reviewed at least every four years to ensure that their application determines the appropriate support obligation. 

 

Adopted Sept. 6, 1989, effective Sept. 30, 1989. Amended Jan. 27, 1993, imd. effective; Dec. 8, 1998, effective April 1, 1999; Oct. 27, 2000, imd. effective; Aug. 20, 2003, imd. effective; Sept. 27, 2005, effective in 4 months [Jan. 27, 2006]; Jan. 12, 2010, effective May 12, 2010; April 9, 2013, effective Aug. 9, 2013; Feb. 10, 2017, effective May 1, 2017; Aug. 3, 2017, effective Oct. 1, 2017; Dec. 28, 2018, effective Jan. 1, 2019; Aug. 17, 2021, effective Jan. 1, 2022.

 

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. 

EXPLANATORY COMMENT--2010

 

Introduction. Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. 23 Pa.C.S. § 4322(a). That statute further provides that the guideline shall be “established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly.” Id. 

 

Pursuant to federal law, The Family Support Act of 1988 (P.L. 100-485, 102 Stat. 2343 (1988), all states are required to have statewide child support guidelines. Federal regulations, 45 C.F.R. § 302.56, further require that the guidelines be reviewed at least once every four years and that such reviews include an assessment of the most recent economic data on child-rearing costs and a review of data from case files to assure that deviations from the guidelines are limited. The Pennsylvania statute also requires a review of the support guidelines every four years. 23 Pa.C.S.A. § 4322(a). 

 

The Domestic Relations Procedural Rules Committee of the Supreme Court of Pennsylvania began the mandated review process in 2007. The committee was assisted in its work by Jane Venohr, Ph.D., an economist with the Center for Policy Research, under contract between the Pennsylvania Department of Public Welfare and Policy Studies, Inc. As a result of the review, the committee recommended to the Supreme Court several amendments to the statewide guidelines. 

 

1. 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 Rule 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 Rule 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. 

 

1. 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 to 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. Rule 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. 

 

1910. Child Support Schedule. The child support schedule in Rule 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. 

 

1910. 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 Rule 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 Rule 1910.16-3 applies to child support only, Rule 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. 

 

1. 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 Rule 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. 

 

1910. Child Care Expenses. Rule 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. 

 

1910. 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 Rule 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. 

 

1. 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. 

EXPLANATORY COMMENT--2013

 

The schedule of basic child support has been updated to reflect newer economic data. The schedule was prepared by Jane Venohr, Ph.D., the economist who assisted in the last guideline review using the same methodology. It includes an increase in the Self-Support Reserve to $931 per month, the 2012 federal poverty level for one person.

 

EXPLANATORY COMMENT--2017

 

Pursuant to Pa.R.C.P. No. 1910.3(a), a person having custody of a child or caring for a child may initiate a support action against the child’s parent(s). Previously, this rule only addressed when a public body or private agency had custody of a child but was silent with regard to an individual third party, e.g., grandparent, seeking support. The rule has been amended by adding a new subdivision (a)(2) and renumbering the previous (a)(2) to (a)(3). In addition, an example illustrating the new (a)(2) calculation has been included. 

 

Subdivision (a)(2) excludes the income of the third party/obligee, as that person does not have a duty of support to the child; instead, the rule uses the combined monthly net income of the parents to determine the basic child support amount, which is then apportioned between the parents consistent with their respective percentage of the combined monthly net income in the same manner as a parent vs. parent support action. However, under this rule, each parent would be a separate obligor, would pay the obligee their proportionate share under a separate support order, and would be subject to separate enforcement proceedings. Under (a)(2), the exclusion of the third party’s income is consistent with Pa.R.C.P. No. 1910.16-2(b)(2)(ii) as that rule relates to an action for support by a third party against a surviving parent in which the child receives a Social Security derivative benefit due to the death of the other parent. 

 

In accordance with Pa.R.C.P. No. 1910.16-6(c), payment of the first $250 of unreimbursed medical expenses per year per child is applicable to third party/obligees in support actions governed by (a)(2). The first $250 of unreimbursed medical expenses is built into the Basic Child Support Schedule.

 

__________________________

 

 

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

 

Generally, the basic child support, spousal support, or alimony pendente lite obligation is based on the parties’ monthly net incomes.

 

(a) Monthly Gross Income. Monthly gross income is ordinarily based on at least a six-month average of a party’s income. The support law, 23 Pa.C.S. § 4302, defines the term “income” and includes income from any source. The statute lists many types of income including, but not limited to:

 

 

(1) wages, salaries, bonuses, fees, and commissions;

 

 

(2) net income from business or dealings in property;

 

 

(3) interest, rents, royalties, and dividends;

 

 

(4) pensions and all forms of retirement;

 

 

(5) income from an interest in an estate or trust;

 

 

(6) Social Security disability benefits, Social Security retirement benefits, temporary and permanent disability benefits, workers’ compensation, and unemployment compensation;

 

 

(7) alimony if, in the trier-of-fact’s discretion, inclusion of part or all of it is appropriate; and

 

 

Note: In determining the appropriateness of including alimony in gross income, the trier-of-fact shall consider whether the party receiving the alimony must include the amount received as gross income when filing federal income taxes. If the alimony is not includable in the party’s gross income for federal income tax purposes, the trier-of-fact may include in the party’s monthly net income the alimony received, as appropriate. See Pa.R.C.P. No. 1910.16-2(c)(2)(ii).

 

 

Since the reasons for ordering payment of alimony vary, the appropriateness of including it in the recipient’s gross income must also vary. For example, if the obligor is paying $1,000 per month in alimony for the express purpose of financing the obligee’s college education, it would be inappropriate to consider that alimony as income from which the obligee could provide child support. However, if alimony is intended to finance the obligee’s general living expenses, inclusion of the alimony as income is appropriate.

 

 

(8) other entitlements to money or lump sum awards, without regard to source, including:

 

 

(i) lottery winnings;

 

 

(ii) income tax refunds;

 

 

(iii) insurance compensation or settlements;

 

 

(iv) awards and verdicts; and

 

 

(v) payments due to and collectible by an individual regardless of source.

 

 

Note: The trier-of-fact determines the most appropriate method for imputing lump-sum awards as income for purposes of establishing or modifying the party’s support obligation. These awards may be annualized or averaged over a shorter or longer period depending on the case’s circumstances. The trier-of-fact may require all or part of the lump sum award escrowed to secure the support obligation during that period.

 

 

The trier-of-fact shall not include income tax refunds in a party’s income, if the trier-of-fact factored in the tax refund when calculating the party’s actual tax obligation and 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.

 

 

(1) Public Assistance and SSI Benefits. Neither public assistance nor Supplemental Security Income (SSI) benefits shall be included as income for determining support.

 

 

(2) Child’s Social Security Derivative Benefits.

 

 

(i) If a child is receiving Social Security derivative benefits due to a parent’s retirement or disability:

 

 

(A) The trier-of-fact shall determine the basic child support obligation as follows:

 

 

(I) add the child’s benefit to the monthly net income of the party who receives the child’s benefit;

 

 

(II) calculate the parties’ combined monthly net income, including the child’s benefit;

 

 

(III) determine the basic child support obligation set forth in the Pa.R.C.P. No. 1910.16-3 schedule; and

 

 

(IV) apportion the basic child support obligation between the parties based on the party’s percentage of the combined monthly net income.

 

 

(B) If the obligee receives the child’s benefit, the trier-of-fact shall deduct the child’s benefit from the basic child support obligation of the party whose retirement or disability created the child’s benefit.

 

 

(C) If the obligor receives the child’s benefit, the trier-of-fact shall not deduct the child’s benefit from the obligor’s basic child support obligation, even if the obligor’s retirement or disability created the child’s benefit. To illustrate for the parties the impact of the obligor receiving the benefit instead of the obligee, the trier-of-fact shall provide the parties with two calculations theoretically assigning the benefit to each household.

 

 

(D) The trier-of-fact shall allocate the expenses in Pa.R.C.P. No. 1910.16-6(a)-(e) based on the parties’ monthly net incomes without considering the child’s benefit.

 

 

(E) In equally shared custody cases, the party with the higher monthly net income, excluding the child’s benefit, is the obligor.

 

 

(ii) If a child is receiving Social Security derivative benefits due to a parent’s death, the trier-of-fact shall determine the surviving parent’s basic child support obligation as follows.

 

 

(A) The non-parent obligee’s monthly net income shall include only those funds the obligee is receiving on the child’s behalf, including the Social Security derivative benefit.

 

 

(B) If the surviving-parent obligor receives the Social Security derivative benefit, the benefit shall be added to the parent’s monthly net income to calculate child support.

 

 

(3) Foster Care Payments. If a party to a support action is a foster parent or is receiving payments from a public or private agency for the care of a child who is not the party’s biological or adoptive child, the trier-of-fact shall not include those payments in the party’s monthly net income for purposes of calculating child support for the foster parent’s or other caretaker’s biological or adoptive child.

 

 

Example 1. The obligor has monthly net income of $2,000. The obligee’s monthly net income is $1,500 and the obligee, as primary custodial parent of the parties’ two children, receives $700 per month in Social Security 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 income of $4,200, the basic child support obligation for two children is $1,372. As the obligor’s income is 48% of the parties’ combined monthly net income, the obligor’s preliminary share of the basic child support obligation is $659. 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 obligation cannot be less than zero, the obligor’s basic child support obligation is $0 per month. If it were the obligee’s disability that created the benefit, the obligor’s basic child support obligation would remain $659. If the obligor were receiving the children’s benefit as a result of the obligor’s retirement or disability, the obligor’s monthly net income would include the amount of the benefit and total $2,700, or 64% of the parties’ combined monthly net income. The obligor’s share of the basic child support obligation would then be $878 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 basic child 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 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 $2,000 net per month. For purposes of calculating Mother’s basic child support obligation, Grandmother’s income will be $1,300, the amount she receives on the children’s behalf in Social Security derivative benefits and the trust income. (If Mother were receiving the benefit on the children’s behalf, the benefit would be added to Mother’s monthly net income and would be $2,800. Grandmother’s monthly net income would be $500.) Therefore, Mother’s and Grandmother’s combined monthly net income totals $3,300. The basic child support obligation at the $3,300 monthly net income level for two children is $1,137. As Mother’s monthly net income of $2,000 is 61% of the parties’ combined monthly net income of $3,300, Mother’s basic child support obligation is $694. Since Mother’s retirement or disability did not generate the child’s derivative benefit, the benefit amount is not subtracted from Mother’s basic child support obligation, and Mother owes Grandmother $694. If Grandmother was not receiving the children’s derivative benefits or trust income, Grandmother’s monthly net income for purposes of calculating Mother’s basic child support obligation would be zero, and Mother would pay 100% of the basic child support obligation because Grandmother has no duty to support the children.

 

 

Note: Care must be taken to distinguish Social Security from Supplemental Security Income (SSI) benefits. Social Security benefits are income pursuant to subdivision (a) of this rule.

 

 

(c) Monthly Net Income.

 

 

(1) Unless these rules provide otherwise, the trier-of-fact shall deduct only the following items from monthly gross income to arrive at monthly net income:

 

 

(i) federal, state, and local income taxes;

 

 

(ii) unemployment compensation taxes and Local Services Taxes (LST);

 

 

(iii) F.I.C.A. payments (Social Security, Medicare and Self-Employment taxes) and non-voluntary retirement payments;

 

 

(iv) mandatory union dues; and

 

 

(v) alimony paid to the other party.

 

 

(2) In computing a spousal support or alimony pendente lite obligation, the trier-of-fact shall:

 

 

(i) deduct from the obligor’s monthly net income child support, spousal support, alimony pendente lite, or alimony amounts paid to children and former spouses, who are not part of this action; and

 

 

(ii) include in a party’s monthly net income alimony pendente lite or alimony received from a former spouse that was not included in the party’s gross income, as provided in subdivision (a).

 

 

Note: Since the reasons for ordering payment of alimony vary, the appropriateness of including it in the recipient’s monthly net income must also vary. For example, if the obligor is paying $1,000 per month in alimony for the express purpose of financing the obligee’s college education, it would be inappropriate to consider that alimony as income from which the obligee could provide child support. However, if alimony is intended to finance the obligee’s general living expenses, inclusion of the alimony as income is appropriate.

 

 

(d) Reduced Income or Fluctuating Earnings.

 

 

(1) Voluntary Income Reduction. The trier-of-fact shall not downwardly adjust a party’s net income if the trier-of-fact finds that:

 

 

(i) the party’s income reduction resulted from the party willfully attempting to favorably affect the party’s basic support obligation; or

 

 

(ii) the party voluntarily assumed a lower paying job, quit a job, left employment, changed occupations, changed employment status to pursue an education, or employment is terminated due to willful misconduct.

 

 

(2) Involuntary Income Reduction. Incarceration. Earnings Fluctuations.

 

 

(i) Involuntary Income Reduction. The trier-of-fact shall adjust a party’s monthly net income for substantial continuing involuntary decreases in income due to an employment situation over which the party has no control, including, but not limited to, illness, lay-off, termination, or job elimination.

 

 

(ii) Incarceration.

 

 

(A) Except as set forth in subdivision (d)(2)(ii)(B), the trier-of-fact shall:

 

 

(I) consider an incarcerated party’s income reduction as an involuntary income reduction as set forth in subdivision (d)(2)(i); and

 

 

(II) adjust the incarcerated party’s monthly net income accordingly.

 

 

(B) Exception.

 

 

(I) A party’s incarceration shall not constitute an involuntary income reduction when the incarceration is due to support enforcement purposes or a criminal offense in which the party’s dependent child or the obligee was the victim; and

 

 

(II) The trier-of-fact makes a written finding that downwardly adjusting the incarcerated party’s monthly net income would be unjust or inappropriate and, in a child support action, takes into consideration the child’s best interest.

 

 

(iii) Earnings Fluctuations. The trier-of-fact shall not adjust a party’s monthly net income due to normal or temporary earnings fluctuations.

 

 

(3) Seasonal Employees. Generally, the trier-of-fact shall base a seasonal employee’s monthly net income on a yearly average.

 

 

(4) Earning Capacity.

 

 

(i) When a party willfully fails to obtain or maintain appropriate employment, the trier-of-fact may impute to the party an income equal to the party’s earning capacity.

 

 

(A) Earning Capacity Limitation. The trier-of-fact:

 

 

(I) shall not impute to the party an earning capacity that exceeds the amount the party could earn from one full-time position; and

 

 

(II) shall determine a reasonable work regimen based upon the party’s relevant circumstances, including the jobs available within a particular occupation, working hours and conditions, and whether a party has exerted substantial good faith efforts to find employment.

 

 

(B) The trier-of-fact shall base the party’s earning capacity on the subdivision (d)(4)(ii) factors.

 

 

(C) After assessing a party’s earning capacity, the trier-of-fact shall state the reasons for the assessment in writing or on the record.

 

 

(D) When the trier-of-fact imputes an earning capacity to a party who would incur childcare expenses if the party were employed, the trier-of-fact shall consider reasonable childcare responsibilities and expenses.

 

 

(ii) Factors. In determining a party’s earning capacity, the trier-of-fact shall consider the party’s:

 

 

(A) child care responsibilities and expenses;

 

 

(B) assets;

 

 

(C) residence;

 

 

(D) employment and earnings history;

 

 

(E) job skills;

 

 

(F) educational attainment;

 

 

(G) literacy;

 

 

(H) age;

 

 

(I) health;

 

 

(J) criminal record and other employment barriers;

 

 

(K) record of seeking work;

 

 

(L) local job market, including the availability of employers who are willing to hire the party;

 

 

(M) local community prevailing earnings level; and

 

 

(N) other relevant factors.

 

 

Note: See 45 C.F.R. § 302.56(c)(1)(iii) regarding earning capacity factors.

 

 

(e) Net Income Affecting Application of the Support Guidelines.

 

 

(1) Low-Income Cases.

 

 

(i) Self-Support Reserve (SSR).

 

 

(A) The SSR is the minimum monthly net income reserved to the obligor to meet the obligor’s basic needs.

 

 

(B) The SSR amount is $ 1,063 per month.

 

 

(ii) Action for Child Support Only. When the obligor’s monthly net income and the number of children in the action intersect in the Basic Child Support Schedule’s shaded area as set forth in Pa.R.C.P. No. 1910.16-3, the trier-of-fact shall determine the obligor’s basic child support obligation utilizing the lesser of the two calculated amounts from the following methodologies.

 

 

(A) The initial calculation is determined by using the obligor’s monthly net income only, the schedule set forth in Pa.R.C.P. No. 1910.16-3, and the number of children.

 

 

(B) The second calculation is determined by using the parties’ combined monthly net income and the basic child support formula in Pa.R.C.P. No. 1910.16-4(a).

 

 

(C) If the obligor’s monthly net income is at or below the SSR, the trier-of-fact may award support only after consideration of the parties’ actual financial resources and living expenses.

 

 

Example 1: The parties have two children. The obligee has monthly net income of $2,500. The obligor has monthly net income of $1,500, which falls into the shaded area of the schedule for two children. The initial calculation is made using only the obligor’s monthly net income. The basic child support obligation for two children would be $397. The second calculation uses the parties’ combined monthly net income. The parties’ combined monthly net income is $4,000. The basic child support obligation for two children is $1,340. The obligor’s proportionate share of the parties’ combined monthly net income is 38% with a basic child support obligation of $509. The obligor’s basic child support obligation using only the obligor’s monthly net income is less than the calculated amount using the parties’ combined monthly net income. As a result, the trier-of-fact should award the lesser amount, and the obligor’s basic child support obligation is $397.

 

 

(iii) Action for Spousal Support/Alimony Pendente Lite Only.

 

 

(A) After calculating the spousal support or alimony pendente lite obligation as provided in Pa.R.C.P. No. 1910.16-4, the spousal support obligation shall not reduce the obligor’s monthly net income below the SSR.

 

 

(B) If the obligor’s monthly net income after subtracting the spousal support or alimony pendente lite obligation is less than the SSR, the trier-of-fact shall adjust the spousal support or alimony pendente lite obligation downward by an amount sufficient for the obligor to retain the SSR amount.

 

 

Example 2: The obligor has $1,200 monthly net income, and the obligee has $300 monthly net income. The formula in Pa.R.C.P. No. 1910.16-4(a)(1)(Part B) would result in a monthly spousal support obligation of $276 (($1,200 x 33% = $396) minus ($300 x 40% = $120) for a total of $276)). Since this amount leaves the obligor with only $924 per month, the trier-of-fact should adjust the support obligation so the obligor retains at least $1,063 per month. Therefore, the spousal support obligation is $137 per month ($1,200 - $1,063).

 

 

(iv) Action with Child Support and Spousal Support or Alimony Pendente Lite.

 

 

(A) The trier-of-fact shall calculate the spousal support or alimony pendente lite obligation as provided in Pa.R.C.P. No. 1910.16-4.

 

 

(B) The trier-of-fact shall subtract the calculated spousal support or alimony pendente lite obligation from the obligor’s monthly net income to determine the obligor’s adjusted monthly net income.

 

 

(C) When the obligor’s adjusted monthly net income and the number of children in the action intersect in the Basic Child Support Schedule’s shaded area as set forth in Pa.R.C.P. No. 1910.16-3, the trier-of-fact:

 

 

(I) shall not award spousal support or alimony pendente lite; and

 

 

(II) shall calculate child support as provided in subdivision (e)(1)(ii).

 

 

Example 3: Obligor and obligee have monthly net incomes of $2,000 and $165, respectively, and have two children. Calculating spousal support under subdivision (e)(1)(iv)(A) results in a spousal support obligation of $450 ($2,000 x 25% minus $165 x 30%). Obligor’s adjusted monthly net income ($2,000 minus $450) is $1,550. Obligor’s adjusted monthly net income of $1,550 with two children is in the shaded area of the Basic Child Support Schedule, and as a result, the trier-of-fact shall not award spousal support. Instead, the trier-of-fact should award child support only as provided in subdivision (e)(1)(ii).

 

 

(D) When the obligor’s monthly net income and the number of children in the action do not intersect in the Basic Child Support Schedule’s shaded area as set forth in Pa.R.C.P. No. 1910.16-3, the trier-of-fact shall calculate child support consistent with Pa.R.C.P. No. 1910.16-4.

 

 

(I) The combined spousal support or alimony pendente lite and basic child support obligations shall not reduce the obligor’s remaining monthly net income below the SSR.

 

 

(II) If the obligor’s monthly net income after subtracting the spousal support or alimony pendente lite and basic child support obligations is less than the SSR, the trier-of-fact shall adjust the support obligation downward by an amount sufficient for the obligor to retain the SSR amount.

 

 

(2) High-Income Cases. If the parties’ combined monthly net income exceeds $30,000, the trier-of-fact shall calculate child support, spousal support, or alimony pendente lite pursuant to Pa.R.C.P. No. 1910.16-3.1.

 

 

Note: See Hanrahan v. Bakker, 186 A.3d 958 (Pa. 2018).

 

 

(f) Child Tax Credit. In order to maximize the total income available to the parties and children, the trier-of-fact may award, as appropriate, the federal child tax credit to the non-custodial parent, or to either parent in cases of equally shared custody, and require the other party to execute the waiver required by the Internal Revenue Code, 26 U.S.C. § 152(e). The trier-of-fact shall consider the tax consequences associated with the federal child tax credit in calculating the party’s monthly net income available for support.

 

 

Adopted Dec. 8, 1998, effective April 1, 1999. Amended Oct. 27, 2000, imd. effective; Oct. 30, 2001, imd. effective; Nov. 9, 2004, imd. effective; Sept. 27, 2005, effective in 4 months [Jan. 27, 2006]; Jan. 5, 2010, imd. effective; Jan. 12, 2010, effective May 12, 2010; Aug. 26, 2011, effective Sept. 30, 2011; Nov. 5, 2012, effective Dec. 5, 2012; April 9, 2013, effective Aug. 9, 2013; April 29, 2015, effective July 1, 2015; Feb. 10, 2017, effective May 1, 2017; Feb. 9, 2018, effective April 1, 2018; Dec. 28, 2018, effective Jan. 1, 2019; Aug. 17, 2021, effective Jan. 1, 2022.

 

EXPLANATORY COMMENT--2010

 

Subdivision (a) addresses gross income for purposes of calculating the support obligation by reference to the statutory definition at 23 Pa.C.S. § 4322. Subdivision (b) provides for the treatment of public assistance, SSI benefits, Social Security derivative benefits, and foster care payments.

 

 

Subdivision (c) sets forth the exclusive list of the deductions that may be taken from gross income in arriving at a party’s net income. When the cost of health insurance premiums is treated as an additional expense subject to allocation between the parties under Pa.R.C.P. No. 1910.16-6, it is not deductible from gross income. However, part or all of the cost of health insurance premiums may be deducted from the obligor’s gross income pursuant to Pa.R.C.P. No. 1910.16-6(b) in cases in which the obligor is paying the premiums and the obligee has no income or minimal income. Subdivision (c) relates to spousal support or alimony pendente lite awards when there are multiple families. In these cases, a party’s monthly net income must be reduced to account for his or her child support obligations, as well as any pre-existing spousal support, alimony pendente lite or alimony obligations being paid to former spouses who are not the subject of the support action.

 

 

Subdivision (d) has been amended to clarify the distinction between voluntary and involuntary changes in income and the imputing of earning capacity. Statutory provisions at 23 Pa.C.S. § 4322, as well as case law, are clear that a support obligation is based upon the ability of a party to pay, and that the concept of an earning capacity is intended to reflect a realistic, rather than a theoretical, ability to pay support. Amendments to subdivision (d) are intended to clarify when imposition of an earning capacity is appropriate.

 

 

Subdivision (e) has been amended to reflect the updated schedule in Pa.R.C.P. No. 1910.16-3 and the increase in the Self-Support Reserve (“SSR”). The schedule now applies to all cases in which the parties’ combined monthly net income is $30,000 or less. The upper income limit of the prior schedule was only $20,000. The support amount at each income level of the schedule also has changed, so the examples in Pa.R.C.P. No. 1910.16-2 were revised to be consistent with the new support amounts.

 

 

The SSR is intended to assure that obligors with low incomes retain sufficient income to meet their basic needs and to maintain the incentive to continue employment. When the obligor’s monthly net income or earning capacity falls into the shaded area of the schedule, the basic child support obligation can be derived directly from the schedule in Pa.R.C.P. No. 1910.16-3. There is no need to use the formula in Pa.R.C.P. No. 1910.16-4 to calculate the obligor’s support obligation because the SSR keeps the amount of the obligation the same regardless of the obligee’s income. The obligee’s income may be a relevant factor, however, in determining whether to deviate from the basic guideline obligation pursuant to Pa.R.C.P. No. 1910.16-5 and in considering whether to require the obligor to contribute to any additional expenses under Pa.R.C.P. No. 1910.16-6.

 

 

Since the schedule in Pa.R.C.P. No. 1910.16-3 sets forth basic child support only, subdivision (e)(1)(ii) is necessary to reflect the operation of the SSR in spousal support and alimony pendente lite cases. It adjusts the basic guideline obligation, which would otherwise be calculated under the formula in Pa.R.C.P. No. 1910.16-4, so that the obligor’s income does not fall below the SSR amount in these cases.

 

 

Previously, the SSR required that the obligor retain at least $748 per month. The SSR now requires that the obligor retain income of at least $867 per month, an amount equal to the 2008 federal poverty level for one person. When the obligor’s monthly net income is less than $867, subdivision (e)(1)(iii) provides that the trier-of-fact must consider the parties’ actual living expenses before awarding support. The guidelines assume that at this income level the obligor is barely able to meet basic personal needs. In these cases, therefore, entry of a minimal order may be appropriate. In some cases, it may not be appropriate to order support at all.

 

 

The schedule at Pa.R.C.P. No. 1910.16-3 sets forth the presumptive amount of basic child support to be awarded. If the circumstances warrant, the trier-of-fact may deviate from that amount under Pa.R.C.P. No. 1910.16-5 and may also consider a party’s contribution to additional expenses, which are typically added to the basic amount of support under Pa.R.C.P. No. 1910.16-6. If, for example, the obligor earns only $900 per month but is living with his or her parents, or has remarried and is living with a fully-employed spouse, the trier-of-fact may consider an upward deviation under Pa.R.C.P. No. 1910.16-5(b)(3) or may order the party to contribute to the additional expenses under Pa.R.C.P. No. 1910.16-6. Consistent with the goals of the SSR, however, the trier-of-fact should ensure that the overall support obligation leaves the obligor with sufficient income to meet basic personal needs and to maintain the incentive to continue working so that support can be paid.

 

 

Subdivision (e) also has been amended to eliminate the application of Melzer v. Witsberger, 480 A.2d 991 (Pa. 1984), in high-income child support cases. In cases in which the parties’ combined net monthly income exceeds $30,000, child support will be calculated in accordance with the three-step process in Pa.R.C.P. No. 1910.16-3.1(a).

 

EXPLANATORY COMMENT--2013

 

The SSR has been increased to $931, the 2012 federal poverty level for one person. Subdivision (e) has been amended to require that when the obligor’s income falls into the shaded area of the basic child support schedule in Pa.R.C.P. No. 1910.16-3, two calculations must be performed. One calculation uses only the obligor’s income and the other is a regular calculation using both parties’ incomes, awarding the lower amount to the obligee. The two-step process is intended to address those cases in which the obligor has minimal income and the obligee’s income is substantially greater.

 

EXPLANATORY COMMENT--2015

 

The rule has been amended to provide that a party’s support obligation will be reduced by the child’s Social Security derivative benefit amount if that party’s retirement or disability created the benefit and the benefit is being paid to the household in which the child primarily resides or the obligee in cases of equally shared custody. In most cases, payment of the benefit to the obligee’s household will increase the resources available to the child and the parties. The rule is intended to encourage parties to direct that the child’s benefits be paid to the obligee.

 

EXPLANATORY COMMENT--2021

 

The Self-Support Reserve is determined by the Federal Poverty Guideline for one person converted to a monthly amount -- currently $1,063 -- for the year the Basic Child Support Schedule was derived.

 

 

Subdivision (e)(1) addresses low-income cases and has been completely rewritten and identifies the current monthly Self-Support Reserve (SSR) amount as $1,063. The SSR is the amount of the obligor’s monthly net income that is reserved to meet the obligor’s basic needs. Subdivisions (e)(1)(ii)-(iv) adjust the methodology for calculating support when the obligor’s monthly net income is at or near the SSR amount.

 

___________________

 

Rule 1910.16-3. Support Guidelines. Basic Child Support Schedule.

 

The following schedule represents the amounts spent on children of intact families by combined monthly net income and number of children.  Combined monthly net income is on the schedule’s vertical axis, and the number of children is on the schedule’s horizontal axis.  This schedule determines the basic child support obligation.  Unless these rules provide otherwise, the obligor’s basic child support obligation shall be computed using either the formula set forth in Pa.R.C.P. No. 1910.16-4(a)(1)(Part C) or (a)(2)(Part I).

 

 

 

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
1100		33	33	34	34	34	35
1150		78	79	80	81	81	82
1200		123	124	126	127	128	130
1250		168	170	172	174	175	177
1300		213	215	218	220	222	225
1350		258	261	264	267	269	272
1400		303	306	310	313	316	320
1450		334	352	356	360	363	367
1500		346	397	402	406	410	415
1550		357	443	448	453	457	462
1600		369	488	494	499	504	510
1650		380	534	540	546	551	557
1700		392	579	586	592	598	605
1750		403	614	632	639	645	652
1800		415	632	678	685	692	700
1850		426	649	724	732	739	747
1900		438	667	770	778	786	795
1950		449	684	816	825	833	842
2000		461	702	848	871	880	890
2050		472	719	869	918	927	937
2100		484	737	891	964	974	985
2150		495	754	912	1011	1021	1032
2200		507	772	933	1042	1068	1080
2250		518	789	954	1066	1115	1127
2300		530	807	976	1090	1162	1175
2350		541	825	997	1113	1209	1222
2400		553	842	1018	1137	1251	1270
2450		565	860	1039	1161	1277	1317
2500		576	877	1060	1184	1303	1365
2550		588	895	1082	1208	1329	1412
2600		599	912	1103	1232	1355	1460
2650		611	930	1124	1255	1381	1501
2700		622	947	1145	1279	1407	1530
2750		634	965	1166	1303	1433	1558
2800		645	980	1184	1322	1455	1581
2850		657	995	1201	1342	1476	1604

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
2900		668	1010	1219	1361	1497	1628
2950		680	1026	1236	1381	1519	1651
3000		691	1041	1253	1400	1540	1674
3050		703	1056	1271	1420	1562	1697
3100		714	1071	1288	1439	1583	1721
3150		726	1086	1306	1458	1604	1744
3200		737	1103	1325	1479	1627	1769
3250		747	1120	1345	1502	1652	1796
3300		758	1137	1365	1524	1677	1823
3350		768	1154	1385	1547	1702	1850
3400		778	1171	1405	1569	1726	1876
3450		789	1188	1425	1592	1751	1903
3500		799	1205	1445	1614	1776	1930
3550		810	1222	1465	1637	1800	1957
3600		820	1238	1485	1659	1825	1983
3650		828	1251	1500	1676	1843	2003
3700		837	1264	1515	1692	1862	2023
3750		845	1276	1530	1709	1880	2044
3800		854	1289	1545	1726	1898	2064
3850		862	1302	1560	1743	1917	2084
3900		871	1314	1575	1759	1935	2104
3950		879	1327	1590	1776	1954	2124
4000		888	1340	1605	1793	1972	2144
4050		894	1349	1616	1805	1986	2159
4100		900	1357	1625	1815	1996	2170
4150		905	1364	1633	1824	2007	2181
4200		910	1372	1642	1834	2017	2193
4250		915	1379	1650	1843	2028	2204
4300		920	1387	1659	1853	2038	2215
4350		926	1394	1667	1862	2048	2227
4400		931	1402	1676	1872	2059	2238
4450		936	1409	1684	1881	2069	2249
4500		941	1414	1688	1886	2074	2255
4550		945	1420	1692	1890	2079	2260
4600		950	1425	1697	1895	2085	2266
4650		955	1431	1701	1900	2090	2272

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
4700		960	1436	1706	1905	2096	2278
4750		964	1441	1710	1910	2101	2284
4800		969	1447	1714	1915	2107	2290
4850		974	1452	1719	1920	2112	2296
4900		980	1461	1730	1933	2126	2311
4950		986	1473	1745	1949	2144	2330
5000		993	1484	1759	1965	2162	2350
5050		999	1495	1774	1982	2180	2370
5100		1006	1506	1789	1998	2198	2389
5150		1012	1517	1803	2014	2216	2409
5200		1019	1528	1818	2031	2234	2428
5250		1026	1539	1833	2047	2252	2448
5300		1032	1549	1845	2061	2267	2464
5350		1036	1553	1849	2065	2272	2469
5400		1040	1558	1853	2069	2276	2474
5450		1044	1562	1856	2073	2281	2479
5500		1048	1567	1860	2078	2285	2484
5550		1052	1571	1864	2082	2290	2489
5600		1056	1576	1867	2086	2294	2494
5650		1060	1581	1871	2090	2299	2499
5700		1064	1585	1875	2094	2304	2504
5750		1069	1592	1881	2101	2312	2513
5800		1074	1599	1889	2110	2321	2523
5850		1080	1606	1896	2118	2330	2532
5900		1085	1614	1903	2126	2339	2542
5950		1091	1621	1911	2134	2348	2552
6000		1097	1628	1918	2143	2357	2562
6050		1102	1636	1926	2151	2366	2572
6100		1108	1643	1933	2159	2375	2582
6150		1114	1651	1942	2169	2386	2594
6200		1122	1663	1955	2184	2402	2611
6250		1131	1675	1968	2198	2418	2628
6300		1139	1686	1981	2212	2434	2645
6350		1147	1698	1993	2227	2449	2662
6400		1155	1709	2006	2241	2465	2680
6450		1164	1721	2019	2255	2481	2697

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
6500		1172	1733	2032	2270	2497	2714
6550		1180	1744	2045	2284	2512	2731
6600		1188	1756	2058	2298	2528	2748
6650		1197	1767	2070	2313	2544	2765
6700		1205	1779	2083	2327	2560	2783
6750		1213	1791	2096	2341	2576	2800
6800		1220	1801	2109	2356	2591	2817
6850		1226	1811	2122	2370	2607	2834
6900		1232	1821	2135	2385	2623	2851
6950		1238	1831	2148	2399	2639	2869
7000		1244	1841	2161	2414	2655	2886
7050		1250	1851	2174	2428	2671	2903
7100		1256	1861	2187	2443	2687	2921
7150		1262	1871	2200	2457	2703	2938
7200		1268	1881	2213	2472	2719	2955
7250		1274	1891	2226	2486	2735	2972
7300		1281	1901	2239	2500	2750	2990
7350		1287	1911	2251	2515	2766	3007
7400		1293	1921	2264	2529	2782	3024
7450		1297	1928	2272	2538	2792	3035
7500		1302	1934	2279	2546	2801	3044
7550		1307	1941	2287	2554	2809	3054
7600		1312	1947	2294	2562	2818	3064
7650		1316	1954	2301	2570	2827	3073
7700		1321	1960	2308	2578	2836	3083
7750		1326	1967	2315	2586	2845	3092
7800		1330	1973	2322	2594	2854	3102
7850		1335	1980	2330	2602	2862	3111
7900		1340	1987	2337	2610	2871	3121
7950		1345	1993	2344	2618	2880	3131
8000		1349	2000	2351	2626	2889	3140
8050		1354	2006	2359	2635	2898	3150
8100		1360	2015	2367	2644	2908	3161
8150		1366	2023	2375	2653	2918	3172
8200		1372	2031	2384	2662	2929	3183
8250		1379	2039	2392	2672	2939	3194

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
8300		1385	2047	2400	2681	2949	3206
8350		1391	2055	2408	2690	2959	3217
8400		1397	2063	2417	2699	2969	3228
8450		1403	2071	2425	2709	2980	3239
8500		1409	2079	2433	2718	2990	3250
8550		1415	2087	2442	2727	3000	3261
8600		1421	2095	2450	2737	3010	3272
8650		1427	2103	2458	2746	3020	3283
8700		1433	2111	2466	2755	3031	3294
8750		1439	2119	2475	2764	3041	3305
8800		1445	2127	2483	2774	3051	3316
8850		1451	2135	2491	2783	3061	3327
8900		1457	2143	2499	2791	3070	3337
8950		1461	2147	2503	2796	3076	3343
9000		1465	2152	2508	2801	3082	3350
9050		1468	2157	2513	2807	3087	3356
9100		1472	2162	2517	2812	3093	3362
9150		1476	2167	2522	2817	3099	3368
9200		1480	2172	2526	2822	3104	3374
9250		1484	2177	2531	2827	3110	3381
9300		1488	2181	2536	2832	3116	3387
9350		1492	2186	2540	2838	3121	3393
9400		1495	2191	2545	2843	3127	3399
9450		1499	2196	2550	2848	3133	3405
9500		1503	2201	2554	2853	3138	3412
9550		1507	2206	2559	2858	3144	3418
9600		1511	2210	2564	2864	3150	3424
9650		1515	2215	2568	2869	3156	3430
9700		1519	2220	2573	2874	3161	3436
9750		1524	2227	2580	2882	3170	3446
9800		1531	2238	2593	2896	3186	3463
9850		1538	2248	2605	2910	3201	3479
9900		1545	2259	2618	2924	3216	3496
9950		1552	2269	2630	2938	3231	3513
10000		1559	2280	2642	2952	3247	3529
10050		1566	2290	2655	2966	3262	3546

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
10100		1573	2301	2667	2979	3277	3562
10150		1581	2312	2680	2993	3293	3579
10200		1588	2322	2692	3007	3308	3596
10250		1595	2333	2705	3021	3323	3612
10300		1602	2343	2717	3035	3339	3629
10350		1609	2354	2730	3049	3354	3646
10400		1616	2365	2742	3063	3369	3662
10450		1623	2375	2754	3077	3384	3679
10500		1631	2386	2767	3091	3400	3695
10550		1638	2396	2779	3105	3415	3712
10600		1645	2407	2792	3118	3430	3729
10650		1652	2417	2804	3132	3446	3745
10700		1659	2428	2817	3146	3461	3762
10750		1666	2439	2829	3160	3476	3779
10800		1673	2449	2842	3174	3491	3795
10850		1680	2460	2854	3188	3507	3812
10900		1688	2470	2867	3202	3522	3828
10950		1695	2481	2879	3216	3537	3845
11000		1702	2491	2891	3230	3553	3862
11050		1708	2499	2899	3239	3562	3872
11100		1713	2507	2907	3247	3572	3883
11150		1719	2514	2915	3256	3581	3893
11200		1725	2522	2922	3264	3591	3903
11250		1730	2529	2930	3273	3600	3913
11300		1736	2537	2938	3282	3610	3924
11350		1742	2544	2946	3290	3619	3934
11400		1747	2552	2953	3299	3629	3944
11450		1753	2559	2961	3307	3638	3955
11500		1759	2567	2969	3316	3648	3965
11550		1764	2574	2976	3325	3657	3975
11600		1770	2582	2984	3333	3667	3986
11650		1776	2589	2992	3342	3676	3996
11700		1782	2597	3000	3350	3686	4006
11750		1787	2604	3007	3359	3695	4016
11800		1793	2612	3015	3368	3704	4027
11850		1799	2619	3023	3376	3714	4037

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
11900		1804	2627	3030	3385	3723	4047
11950		1810	2634	3038	3394	3733	4058
12000		1816	2642	3046	3402	3742	4068
12050		1821	2649	3053	3411	3752	4078
12100		1827	2657	3061	3419	3761	4089
12150		1833	2664	3069	3428	3771	4099
12200		1838	2672	3077	3437	3780	4109
12250		1844	2679	3084	3445	3790	4119
12300		1850	2687	3092	3454	3799	4130
12350		1855	2695	3100	3462	3809	4140
12400		1861	2702	3107	3471	3818	4150
12450		1867	2710	3115	3480	3828	4161
12500		1873	2717	3123	3488	3837	4171
12550		1878	2725	3131	3497	3847	4181
12600		1884	2732	3138	3505	3856	4191
12650		1890	2740	3146	3514	3865	4202
12700		1895	2747	3154	3523	3875	4213
12750		1900	2756	3166	3536	3890	4228
12800		1905	2764	3177	3549	3904	4244
12850		1910	2773	3189	3562	3918	4259
12900		1915	2782	3200	3575	3932	4274
12950		1920	2790	3212	3588	3947	4290
13000		1925	2799	3224	3601	3961	4305
13050		1930	2807	3235	3614	3975	4321
13100		1935	2816	3247	3627	3989	4336
13150		1940	2825	3258	3640	4004	4352
13200		1945	2833	3270	3652	4018	4367
13250		1950	2842	3281	3665	4032	4383
13300		1955	2850	3293	3678	4046	4398
13350		1960	2859	3305	3691	4060	4414
13400		1965	2868	3316	3704	4075	4429
13450		1970	2876	3328	3717	4089	4445
13500		1975	2885	3339	3730	4103	4460
13550		1980	2893	3351	3743	4117	4476
13600		1985	2902	3363	3756	4132	4491
13650		1990	2910	3374	3769	4146	4506

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
13700		1995	2919	3386	3782	4160	4522
13750		2000	2928	3397	3795	4174	4537
13800		2005	2936	3409	3808	4188	4553
13850		2010	2945	3420	3821	4203	4568
13900		2015	2953	3432	3834	4217	4584
13950		2020	2962	3444	3847	4231	4599
14000		2025	2971	3455	3859	4245	4615
14050		2030	2979	3467	3872	4260	4630
14100		2035	2988	3478	3885	4274	4646
14150		2040	2996	3490	3898	4288	4661
14200		2045	3005	3502	3911	4302	4677
14250		2050	3014	3513	3924	4317	4692
14300		2055	3022	3525	3937	4331	4708
14350		2060	3031	3536	3950	4345	4723
14400		2065	3039	3548	3963	4359	4738
14450		2070	3048	3559	3976	4373	4754
14500		2075	3056	3571	3989	4388	4769
14550		2080	3065	3583	4002	4402	4785
14600		2085	3074	3594	4015	4416	4800
14650		2090	3082	3606	4028	4430	4816
14700		2095	3091	3617	4041	4445	4831
14750		2100	3099	3629	4053	4459	4847
14800		2105	3108	3640	4066	4473	4862
14850		2110	3117	3652	4079	4487	4878
14900		2115	3125	3664	4092	4502	4893
14950		2120	3134	3675	4105	4516	4909
15000		2125	3142	3687	4118	4530	4924
15050		2130	3151	3698	4131	4544	4940
15100		2135	3160	3710	4144	4558	4955
15150		2140	3168	3722	4157	4573	4970
15200		2145	3177	3733	4170	4587	4986
15250		2150	3185	3744	4182	4600	5000
15300		2155	3192	3752	4191	4610	5011
15350		2161	3200	3760	4200	4620	5022
15400		2166	3207	3769	4210	4631	5034
15450		2171	3215	3777	4219	4641	5045

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
15500		2176	3222	3786	4229	4651	5056
15550		2181	3229	3794	4238	4662	5067
15600		2186	3237	3802	4247	4672	5078
15650		2192	3244	3811	4257	4682	5090
15700		2197	3252	3819	4266	4693	5101
15750		2202	3259	3828	4275	4703	5112
15800		2207	3266	3836	4285	4713	5123
15850		2212	3274	3844	4294	4724	5135
15900		2218	3281	3853	4304	4734	5146
15950		2223	3289	3861	4313	4744	5157
16000		2228	3296	3870	4322	4754	5168
16050		2233	3304	3878	4332	4765	5179
16100		2238	3311	3886	4341	4775	5191
16150		2244	3318	3895	4350	4785	5202
16200		2249	3326	3903	4360	4796	5213
16250		2254	3333	3911	4369	4806	5224
16300		2259	3341	3920	4378	4816	5235
16350		2264	3348	3928	4388	4827	5247
16400		2269	3355	3937	4397	4837	5258
16450		2275	3363	3945	4407	4847	5269
16500		2280	3370	3953	4416	4858	5280
16550		2285	3378	3962	4425	4868	5291
16600		2290	3385	3970	4435	4878	5303
16650		2295	3393	3979	4444	4888	5314
16700		2301	3400	3987	4453	4899	5325
16750		2306	3407	3995	4463	4909	5336
16800		2311	3415	4004	4472	4919	5347
16850		2316	3422	4012	4482	4930	5359
16900		2321	3430	4021	4491	4940	5370
16950		2327	3437	4029	4500	4950	5381
17000		2332	3445	4037	4510	4961	5392
17050		2337	3452	4046	4519	4971	5403
17100		2342	3459	4054	4528	4981	5415
17150		2347	3467	4062	4538	4992	5426
17200		2352	3474	4071	4547	5002	5437
17250		2358	3482	4079	4557	5012	5448

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
17300		2363	3489	4088	4566	5023	5459
17350		2368	3496	4096	4575	5033	5471
17400		2373	3504	4104	4585	5043	5482
17450		2378	3511	4113	4594	5053	5493
17500		2384	3519	4121	4603	5064	5504
17550		2389	3526	4130	4613	5074	5515
17600		2394	3534	4138	4622	5084	5527
17650		2399	3541	4146	4632	5095	5538
17700		2404	3548	4155	4641	5105	5549
17750		2410	3556	4163	4650	5115	5560
17800		2415	3563	4172	4660	5126	5572
17850		2420	3571	4180	4669	5136	5583
17900		2425	3578	4188	4678	5146	5594
17950		2430	3585	4197	4688	5157	5605
18000		2435	3593	4205	4697	5167	5616
18050		2441	3600	4214	4706	5177	5628
18100		2446	3608	4222	4716	5187	5639
18150		2451	3615	4230	4725	5198	5650
18200		2456	3623	4239	4735	5208	5661
18250		2461	3630	4247	4744	5218	5672
18300		2467	3637	4255	4753	5229	5684
18350		2472	3645	4264	4763	5239	5695
18400		2477	3652	4272	4772	5249	5706
18450		2482	3660	4281	4781	5260	5717
18500		2487	3667	4289	4791	5270	5728
18550		2493	3674	4297	4800	5280	5740
18600		2498	3682	4306	4810	5291	5751
18650		2503	3689	4314	4819	5301	5762
18700		2508	3697	4323	4828	5311	5773
18750		2513	3704	4331	4838	5321	5784
18800		2519	3712	4339	4847	5332	5796
18850		2524	3719	4348	4856	5342	5807
18900		2529	3726	4356	4866	5352	5818
18950		2534	3734	4365	4875	5363	5829
19000		2539	3741	4373	4885	5373	5840
19050		2544	3749	4381	4894	5383	5852

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
19100		2550	3756	4390	4903	5394	5863
19150		2555	3763	4398	4913	5404	5874
19200		2560	3771	4406	4922	5414	5885
19250		2565	3778	4415	4931	5425	5896
19300		2570	3786	4423	4941	5435	5908
19350		2576	3793	4432	4950	5445	5919
19400		2581	3801	4440	4960	5455	5930
19450		2586	3808	4448	4969	5466	5941
19500		2591	3815	4457	4978	5476	5953
19550		2596	3823	4465	4988	5486	5964
19600		2602	3830	4474	4997	5497	5975
19650		2607	3838	4482	5006	5507	5986
19700		2612	3845	4490	5016	5517	5997
19750		2617	3852	4499	5025	5528	6009
19800		2622	3860	4507	5034	5538	6020
19850		2627	3867	4516	5044	5548	6031
19900		2633	3875	4524	5053	5559	6042
19950		2638	3882	4532	5063	5569	6053
20000		2643	3890	4541	5072	5579	6065
20050		2648	3897	4549	5081	5589	6076
20100		2653	3904	4557	5091	5600	6087
20150		2659	3912	4566	5100	5610	6098
20200		2664	3919	4574	5109	5620	6109
20250		2669	3927	4583	5119	5631	6121
20300		2674	3934	4591	5128	5641	6132
20350		2679	3941	4599	5138	5651	6143
20400		2685	3949	4608	5147	5662	6154
20450		2690	3956	4616	5156	5672	6165
20500		2695	3964	4625	5166	5682	6177
20550		2700	3971	4633	5175	5693	6188
20600		2705	3979	4641	5184	5703	6199
20650		2710	3986	4650	5194	5713	6210
20700		2716	3993	4658	5203	5723	6221
20750		2721	4001	4667	5213	5734	6233
20800		2726	4008	4675	5222	5744	6244
20850		2731	4016	4683	5231	5754	6255

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
20900		2736	4023	4692	5241	5765	6266
20950		2742	4030	4700	5250	5775	6277
21000		2747	4038	4709	5259	5785	6289
21050		2752	4045	4717	5269	5796	6300
21100		2757	4053	4725	5278	5806	6311
21150		2762	4060	4734	5288	5816	6322
21200		2768	4068	4742	5297	5827	6333
21250		2773	4075	4750	5306	5837	6345
21300		2778	4082	4759	5316	5847	6356
21350		2783	4090	4767	5325	5858	6367
21400		2788	4097	4776	5334	5868	6378
21450		2793	4105	4784	5344	5878	6390
21500		2799	4112	4792	5353	5888	6401
21550		2804	4119	4801	5362	5899	6412
21600		2809	4127	4809	5372	5909	6423
21650		2814	4134	4818	5381	5919	6434
21700		2819	4142	4826	5391	5930	6446
21750		2825	4149	4834	5400	5940	6457
21800		2830	4157	4843	5409	5950	6468
21850		2835	4164	4851	5419	5961	6479
21900		2840	4171	4860	5428	5971	6490
21950		2845	4173	4862	5430	5974	6493
22000		2850	4174	4862	5431	5974	6494
22050		2854	4174	4863	5432	5975	6495
22100		2859	4175	4863	5432	5976	6495
22150		2864	4175	4864	5433	5976	6496
22200		2869	4176	4864	5434	5977	6497
22250		2873	4176	4865	5434	5978	6498
22300		2878	4177	4866	5435	5978	6498
22350		2883	4177	4866	5435	5979	6499
22400		2888	4178	4867	5436	5980	6500
22450		2892	4178	4867	5437	5980	6501
22500		2897	4179	4868	5437	5981	6501
22550		2902	4179	4868	5438	5982	6502
22600		2907	4179	4869	5439	5982	6503
22650		2911	4180	4869	5439	5983	6504

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
22700		2916	4180	4870	5440	5984	6504
22750		2921	4181	4871	5440	5984	6505
22800		2926	4181	4871	5441	5985	6506
22850		2930	4182	4872	5442	5986	6507
22900		2935	4182	4872	5442	5986	6507
22950		2940	4183	4873	5443	5987	6508
23000		2945	4183	4873	5443	5988	6509
23050		2949	4184	4874	5444	5989	6510
23100		2954	4184	4874	5445	5989	6510
23150		2959	4185	4875	5445	5990	6511
23200		2963	4185	4876	5446	5991	6512
23250		2968	4186	4876	5447	5991	6513
23300		2973	4186	4877	5447	5992	6513
23350		2978	4187	4877	5448	5993	6514
23400		2982	4187	4878	5448	5993	6515
23450		2987	4188	4878	5449	5994	6515
23500		2992	4188	4879	5450	5995	6516
23550		2997	4189	4879	5450	5995	6517
23600		3001	4189	4880	5451	5996	6518
23650		3006	4189	4881	5452	5997	6518
23700		3011	4190	4881	5452	5997	6519
23750		3016	4190	4882	5453	5998	6520
23800		3020	4191	4882	5453	5999	6521
23850		3025	4191	4883	5454	5999	6521
23900		3030	4192	4883	5455	6000	6522
23950		3035	4192	4884	5455	6001	6523
24000		3039	4193	4884	5456	6002	6524
24050		3044	4193	4885	5457	6002	6524
24100		3049	4194	4886	5457	6003	6525
24150		3054	4194	4886	5458	6004	6526
24200		3058	4195	4887	5458	6004	6527
24250		3063	4195	4887	5459	6005	6527
24300		3068	4196	4888	5460	6006	6528
24350		3072	4196	4888	5460	6006	6529
24400		3077	4197	4889	5461	6007	6530
24450		3082	4197	4889	5462	6008	6530

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
24500		3087	4198	4890	5462	6008	6531
24550		3091	4198	4891	5463	6009	6532
24600		3096	4199	4891	5463	6010	6533
24650		3101	4199	4892	5464	6010	6533
24700		3106	4200	4892	5465	6011	6534
24750		3110	4200	4893	5465	6012	6535
24800		3115	4200	4893	5466	6012	6536
24850		3120	4201	4894	5466	6013	6536
24900		3125	4201	4894	5467	6014	6537
24950		3129	4202	4895	5468	6014	6538
25000		3134	4202	4896	5468	6015	6538
25050		3139	4203	4896	5469	6016	6539
25100		3144	4203	4897	5470	6017	6540
25150		3148	4204	4897	5470	6017	6541
25200		3153	4204	4898	5471	6018	6541
25250		3158	4205	4898	5471	6019	6542
25300		3162	4205	4899	5472	6019	6543
25350		3167	4206	4899	5473	6020	6544
25400		3172	4206	4900	5473	6021	6544
25450		3177	4207	4901	5474	6021	6545
25500		3181	4207	4901	5475	6022	6546
25550		3186	4208	4902	5475	6023	6547
25600		3191	4208	4902	5476	6023	6547
25650		3196	4209	4903	5476	6024	6548
25700		3200	4209	4903	5477	6025	6549
25750		3205	4210	4904	5478	6025	6550
25800		3210	4210	4904	5478	6026	6550
25850		3215	4210	4905	5479	6027	6551
25900		3219	4211	4906	5480	6027	6552
25950		3224	4211	4906	5480	6028	6553
26000		3229	4212	4907	5481	6029	6553
26050		3234	4212	4907	5481	6030	6554
26100		3238	4213	4908	5482	6030	6555
26150		3243	4213	4908	5483	6031	6556
26200		3248	4214	4909	5483	6032	6556
26250		3253	4214	4909	5484	6032	6557

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
26300		3257	4215	4910	5484	6033	6558
26350		3262	4215	4911	5485	6034	6559
26400		3267	4216	4911	5486	6034	6559
26450		3271	4216	4912	5486	6035	6560
26500		3276	4217	4912	5487	6036	6561
26550		3281	4217	4913	5488	6036	6562
26600		3286	4218	4913	5488	6037	6562
26650		3290	4218	4914	5489	6038	6563
26700		3295	4219	4914	5489	6038	6564
26750		3300	4219	4915	5490	6039	6564
26800		3305	4220	4916	5491	6040	6565
26850		3309	4220	4916	5491	6040	6566
26900		3314	4221	4917	5492	6041	6567
26950		3319	4221	4917	5493	6042	6567
27000		3324	4221	4918	5493	6042	6568
27050		3328	4222	4918	5494	6043	6569
27100		3333	4222	4919	5494	6044	6570
27150		3338	4223	4919	5495	6045	6570
27200		3343	4223	4920	5496	6045	6571
27250		3347	4224	4921	5496	6046	6572
27300		3352	4224	4921	5497	6047	6573
27350		3357	4225	4922	5498	6047	6573
27400		3362	4225	4922	5498	6048	6574
27450		3366	4226	4923	5499	6049	6575
27500		3371	4226	4923	5499	6049	6576
27550		3376	4227	4924	5500	6050	6576
27600		3380	4227	4924	5501	6051	6577
27650		3385	4228	4925	5501	6051	6578
27700		3390	4228	4926	5502	6052	6579
27750		3395	4229	4926	5502	6053	6579
27800		3399	4229	4927	5503	6053	6580
27850		3404	4230	4927	5504	6054	6581
27900		3409	4230	4928	5504	6055	6582
27950		3414	4231	4928	5505	6055	6582
28000		3418	4231	4929	5506	6056	6583
28050		3423	4231	4929	5506	6057	6584

 

Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
28100		3428	4232	4930	5507	6058	6585
28150		3433	4232	4931	5507	6058	6585
28200		3437	4233	4931	5508	6059	6586
28250		3442	4233	4932	5509	6060	6587
28300		3447	4234	4932	5509	6060	6587
28350		3452	4234	4933	5510	6061	6588
28400		3456	4235	4933	5511	6062	6589
28450		3461	4235	4934	5511	6062	6590
28500		3466	4236	4934	5512	6063	6590
28550		3471	4236	4935	5512	6064	6591
28600		3475	4237	4936	5513	6064	6592
28650		3480	4237	4936	5514	6065	6593
28700		3485	4238	4937	5514	6066	6593
28750		3489	4238	4937	5515	6066	6594
28800		3494	4239	4938	5516	6067	6595
28850		3499	4239	4938	5516	6068	6596
28900		3504	4240	4939	5517	6068	6596
28950		3508	4240	4939	5517	6069	6597
29000		3513	4241	4940	5518	6070	6598
29050		3518	4241	4941	5519	6070	6599
29100		3523	4242	4941	5519	6071	6599
29150		3527	4242	4942	5520	6072	6600
29200		3532	4242	4942	5520	6073	6601
29250		3537	4243	4943	5521	6073	6602
29300		3542	4243	4943	5522	6074	6602
29350		3546	4244	4944	5522	6075	6603
29400		3551	4244	4944	5523	6075	6604
29450		3556	4245	4945	5524	6076	6605
29500		3561	4245	4946	5524	6077	6605
29550		3565	4246	4946	5525	6077	6606
29600		3570	4246	4947	5525	6078	6607
29650		3575	4247	4947	5526	6079	6608
29700		3580	4247	4948	5527	6079	6608
29750		3584	4248	4948	5527	6080	6609
29800		3589	4248	4949	5528	6081	6610
29850		3594	4249	4949	5529	6081	6611
Basic Child Support Schedule
Combined Adjusted Net Income		One Child	Two Children	Three Children	Four Children	Five Children	Six Children
29900		3598	4249	4950	5529	6082	6611
29950		3603	4250	4951	5530	6083	6612
30000		3608	4250	4951	5530	6083	6613

 

 Adopted September 6, 1989, effective September 30, 1989; amended October 25, 1989, effective October 25, 1989; amended January 27, 1993, effective immediately; amended July 15, 1994, effective September 1, 1994; amended December 7, 1998, effective April 1, 1999; amended October 27, 2000, effective immediately; amended September 27, 2005, effective in 4 months; amended January 12, 2010, effective May 12, 2010; amended April 9, 2013, effective August 9, 2013; amended February 10, 2017, effective May 1, 2017; amended December 28, 2018, effective January 1, 2019; amended August 17, 2021, effective January 1, 2022.

 

 

Explanatory Comment — 2021

 

Previously, the Basic Child Support Schedule incorporated a 30% child custody presumption, which created approximately a 5% decrease in the basic child support obligation across all combined monthly net incomes regardless of the actual custody schedule. The new Basic Child Support Schedule reflects the actual expenses of an intact family living in a single household at the various combined monthly net incomes and the number of children with no shared custody adjustment.

 

To the extent the parties share physical custody with the obligor having 40% or more of the annual overnights as set forth in Pa.R.C.P. No. 1910.16-4(c), the formula in Pa.R.C.P. No. 1910.16-4(a)(1)(Part D) or (a)(2)(Part II) should be used to calculate the appropriate shared custody adjustment.
_________________________

 

Rule 1910.16-3.1. Support Guidelines. High-Income Cases

(a) Child Support.

 

(1) Presumptive Minimum Basic Child Support Obligation.

(i) The presumptive minimum basic child support obligation is the support obligation that the trier-of-fact would have awarded if the parties’ combined monthly net income was $30,000.

(ii) When the parties’ combined monthly net income exceeds $30,000, the calculated support obligation shall not be less than the presumptive minimum basic child support obligation.

 

(2) High-Income Child Support Calculation. With the following three-step process, the trier-of-fact shall calculate the total child support obligation.

 

(i) Preliminary Analysis. Using the following formula, the trier-of-fact shall:

(A) calculate the basic child support obligation based on the parties’ combined monthly net income; and

 

(B) apportion the basic child support obligation based on the parties’ respective monthly net incomes.

 

	One child:	$3,608 + 4.0% of combined monthly net income above $30,000.
	Two children:	$4,250 + 4.0% of combined monthly net income above $30,000.
	Three children:	$4,951 + 4.7% of combined monthly net income above $30,000.
	Four children:	$5,530 + 5.3% of combined monthly net income above $30,000.
	Five children:	$6,083 + 5.8% of combined monthly net income above $30,000.
	Six children:	$6,613 + 6.3% of combined monthly net income above $30,000.

(ii) Substantial or Equally Shared Custody Adjustment. The trier-of-fact shall adjust the basic child support obligation calculated in subdivision (a)(2)(i) for substantial or equally shared custody as set forth in Pa.R.C.P. No. 1910.16-4(c). 

(iii) Final Analysis--Reasonable Needs.

 

(A) In determining the total child support obligation, the trier-of-fact shall consider the child’s reasonable needs based on: 

(I) the deviation factors in Pa.R.C.P. No. 1910.16-5; 

(II) the additional expenses set forth in Pa.R.C.P. No. 1910.16-6; and 

(III) the parties’ expense statements required by Pa.R.C.P. No. 1910.11(c)(2) and Pa.R.C.P. No. 1910.27(c)(2)(B). 

(B) Subject to the presumptive minimum basic child support obligation, the trier-of-fact may upwardly or downwardly adjust the support obligation calculated in subdivisions (a)(2)(i) and (ii) based on the child’s reasonable needs. 

(3) Final Order. As part of the final order, the trier-of-fact shall state on the record or in writing: 

(i) findings of fact; and 

(ii) the reasons for awarding the total child support obligation, including: 

(A) a discussion of the child’s reasonable needs; and 

(B) the adjustments or deviations made to the basic child support obligation. 

(b) Spousal Support or Alimony Pendente Lite. 

(1) Preliminary Analysis. When the parties’ combined monthly net income exceeds $30,000, the trier-of-fact shall apply the formula in either Pa.R.C.P. No. 1910.16-4(a)(1)(Part B) or (a)(2)(Part IV) in calculating spousal support or alimony pendente lite.

 

(2) Final Analysis. In determining the total spousal support or alimony pendente lite obligation, the trier-of-fact shall consider: 

(i) the deviation factors in Pa.R.C.P. No. 1910.16-5; 

(ii) the additional expenses set forth in Pa.R.C.P. No. 1910.16-6; and 

(iii) the parties’ expense statements required by Pa.R.C.P. No. 1910.11(c)(2) and Pa.R.C.P. No. 1910.27(c)(2)(B). 

(3) Final Order. As part of the final order, the trier-of-fact shall state on the record or in writing: 

(i) findings of fact; and 

(ii) the reasons for awarding the final spousal support or alimony pendente lite obligation, including the adjustments or deviations made to the basic spousal support or alimony pendente lite obligation.

 

Adopted Jan. 12, 2010, effective May 12, 2010. Amended Aug. 26, 2011, effective Sept. 30, 2011; April 9, 2013, effective Aug. 9, 2013; Feb. 10, 2017, effective May 1, 2017; Dec. 28, 2018, effective Jan. 1, 2019; Aug. 17, 2021, effective Jan. 1, 2022.

 

EXPLANATORY COMMENT--2010

 

Pa.R.C.P. No. 1910.16-3.1 is intended to bring all child support cases under the guidelines and treat similarly situated parties similarly. Thus, high-income child support cases no longer will be decided pursuant to Melzer v. Witsberger, 480 A.2d 991 (Pa. 1984). Economic data support the basic child support schedule up to combined net incomes of $30,000 per month. Above that amount, economic data are not readily available. Thus, for cases in which the parties’ combined monthly net income is above $30,000, the formula first applies a fixed percentage to calculate the support amount. The formula is an extrapolation of the available economic data to high-income cases. Spousal support and alimony pendente lite awards in high-income cases are preliminarily calculated pursuant to the formulas in either Pa.R.C.P. No. 1910.16-4(a)(1)(Part B) or (2)(Part IV). However, in both high-income child support and spousal support and high-income child support and alimony pendente lite cases, the trier-of-fact is required to consider the factors in Pa.R.C.P. No. 1910.16-5 before entering a final order and to make findings of fact on the record or in writing. Pursuant to Pa.R.C.P. No. 1910.11(c)(2), in all high-income cases, the parties must submit an Income Statement and the Expense Statement at Pa.R.C.P. No. 1910.27(c)(2)(B) to enable the trier-of-fact to consider the factors in Pa.R.C.P. No. 1910.16-5.

 

EXPLANATORY COMMENT--2011

 

The rule has been amended to clarify that the provisions of Pa.R.C.P. No. 1910.16-4(c), regarding support adjustments if the obligor has substantial or shared custody, apply in high-income cases. Previously, when high-income cases were decided pursuant to Melzer v. Witsberger, 480 A.2d 991 (Pa. 1984), case law held that because the time and resources each parent provided to a child were factored into the Melzer formula, the substantial or shared parenting time reductions did not apply to cases decided pursuant to Melzer. See, e.g., Sirio v. Sirio, 951 A.2d 1188 (Pa. Super. 2008); Bulgarelli v. Bulgarelli, 934 A.2d 107 (Pa. Super. 2007). As Melzer no longer applies to calculate support in high-income cases, the prohibition against substantial or shared parenting time reductions in such cases is no longer applicable.

 

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­_____________________________

 

Rule 1910.16-4. Support Guidelines. Calculation of Support Obligation, Formula

 

(a) The trier-of-fact shall use either the subdivision (1) or subdivision (2) formula to calculate the obligor’s share of basic child support, either from the schedule in Pa.R.C.P. No. 1910.16-3 or the formula in Pa.R.C.P. No. 1910.16-3.1(a), as well as spousal support and alimony pendente lite obligations. In high-income cases, the trier-of-fact shall use either the subdivision (1)(Part B) or subdivision (2)(Part IV) formula, as appropriate, as a preliminary analysis in the calculation of spousal support or alimony pendente lite obligations. 

 

(1) The formula in Parts A through E is for an order entered on or after January 1, 2019, or for a modification of an order entered before January 1, 2019 that includes spousal support or alimony pendente lite in which the amendments to the Internal Revenue Code made by Section 11051 of the Tax Cuts and Jobs Act of 2017 (Pub. L. No. 115-97) expressly apply. 

 

Note: Section 11051 of the Tax Cuts and Jobs Act of 2017 (Pub. L. No. 115-97) amended the Internal Revenue Code by repealing the alimony deduction -- the amount of spousal support, alimony pendente lite, and alimony paid or received -- from the payor’s gross income and the alimony inclusion into the payee’s gross income. 

 

See subdivision (2) for a modification of an order entered before January 1, 2019 that includes spousal support or alimony pendente lite in which the amendments to the Internal Revenue Code made by Tax Cuts and Jobs Act of 2017 (Pub. L. No. 115-97) do not apply to the modification. 

 

PART A. CALCULATION OF MONTHLY NET INCOME

 

		OBLIGOR		OBLIGEE
1.	Total Gross Income per pay period
	(See Pa.R.C.P. No. 1910.16-2(a))
2.	Deductions	( )		( )
	(See Pa.R.C.P. No. 1910.16-2(c))
3.	Net Income
	(line 1 minus line 2)
4.	Conversion to Monthly Net Income
	(if pay period is other than monthly)

 

PART B. SPOUSAL SUPPORT OR ALIMONY PENDENTE LITE

 

		Without Dependent Children		With Dependent Children
5.	Obligor’s Monthly Net Income
	(line 4)
6.	Obligor’s child support, spousal support, alimony pendente lite or alimony obligations to children or former spouses who are not part of
	this action, if any.	( )		( )
	(See Pa.R.C.P. No. 1910.16-2(c)(2))
7.	Obligor’s Net Income available for spousal support or alimony pendente lite
	(line 5 minus line 6)
8.	Obligor’s Net Income percentage for spousal support or alimony pendente lite	x 33%		x 25%
9.	Obligor’s proportionate share of spousal support or alimony pendente lite
	(line 7 multiplied by line 8)
10.	Obligee’s Monthly Net Income
	(line 4)
11.	Obligee’s Net Income percentage for spousal support or alimony pendente lite	x 40%		x 30%
12.	Obligee’s proportionate share of spousal support or alimony pendente lite
	(line 10 multiplied by line 11)

 

 

13.	Preliminary Monthly Spousal Support or Alimony Pendente Lite Obligation
	(line 9 minus line 12--if the result is less than zero, enter a zero on line 13)
14.	Adjustments for Part E Additional Expenses
	(See Pa.R.C.P. No. 1910.16-6)
15.	Total Monthly Spousal Support or Alimony Pendente Lite Obligation
	(line 13 plus or minus line 14, as appropriate)

 

 

PART C--BASIC CHILD SUPPORT

 

		OBLIGOR		OBLIGEE
16.	Monthly Net Income
	(line 4 and add the child’s monthly Social Security Disability or Retirement Derivative benefit amount, if any, to the Monthly Net Income of the party receiving the benefit pursuant to Pa.R.C.P. No. 1910.16-2(b)(2)(i) or (ii).
17.	Preliminary Monthly Spousal	( )		+
	Support or Alimony Pendente Lite Obligation, if any.
	(line 13)
18.	Adjusted Monthly Net Income
	(for obligor, line 16 minus line 17; for obligee, line 16 plus line 17)

 

 

19.	Combined Monthly Net Income
	(obligor’s line 18 plus obligee’s line 18)
20.	Basic Child Support Obligation
	(determined from child support schedule in Pa.R.C.P. No. 1910.16-3 based on the number of children and line 19)

 

 

21.	Net Income expressed as a	%		%
	percentage of Combined Monthly Net Income (line 18 divided by line 19 and multiplied by 100)
22.	Preliminary Monthly Basic Child Support Obligation
	(line 20 multiplied by line 21)
23.	Child’s Social Security Derivative Disability or Retirement Benefit. (if the benefits are paid to the obligee, enter the benefit amount on the line for the party whose retirement or disability created the child’s benefit pursuant to Pa.R.C.P. No. 1910.16-2(b))
24.	Adjusted Monthly Basic Child Support Obligation (line 22 minus line 23--if the result is less than zero, enter a zero on line 24)
PART D. SUBSTANTIAL OR SHARED PHYSICAL CUSTODY ADJUSTMENT, IF APPLICABLE (See subdivision (c))

 

25.	a.	Percentage of time obligor spends with the child (divide number of overnights with the obligor by 365 and multiply by 100)	%
	b.	Subtract 30%	( 30%)
	c.	Difference (line 25a minus line 25b)	%
	d.	Obligor’s Adjusted Percentage Share of the	%
		Basic Child Support Obligation (line 21 minus line 25c)
	e.	Obligor’s Preliminary Adjusted Basic Child Support Obligation (line 20 multiplied by line 25d)
	f.	Further adjustment, if necessary under subdivision (c)(2)
	g.	Obligor’s Adjusted Basic Child Support Obligation
PART E. ADDITIONAL EXPENSES (See Pa.R.C.P. No. 1910.16-6)

 

26.	a.	Obligor’s Share of Child Care Expenses
	b.	Obligor’s Share of Health Insurance Premium (if the obligee is paying the premium)
	c.	Obligee’s Share of the Health Insurance	( )
		Premium (if the obligor is paying the premium)
	d.	Obligor’s Share of Unreimbursed Medical Expenses
	e.	Other Additional Expenses
	f.	Total Additional Expenses (add lines 26a, b, d, and e, then subtract line 26c)

 

27.

Obligor’s Total Monthly Support Obligation (line 24 or 25g plus line 26f, if applicable)

 

 

(2) The formula in Parts I through IV is for a modification of an order entered before January 1, 2019 that includes spousal support or alimony pendente lite.

 

 

Note: See subdivision (1) for an order entered on or after January 1, 2019, or for a modification of an order entered before January 1, 2019 that includes spousal support or alimony pendente lite in which the amendments to the Internal Revenue Code made by Tax Cuts and Jobs Act of 2017 (Pub. L. No. 115-97) expressly apply to the modification.

 

 

PART I. BASIC CHILD SUPPORT

 

		OBLIGOR		OBLIGEE
1.	Total Gross Income Per Pay Period
	(See Pa.R.C.P. No. 1910.16-2(a))
2.	Deductions	( )		( )
	(See Pa.R.C.P. No. 1910.16-2(c))
3.	Net Income
	(line 1 minus line 2)
4.	Conversion to Monthly Net Income (if pay period is other than monthly) Include the child’s monthly Social Security derivative benefit amount, if any, in the monthly net income of the party receiving the benefit pursuant to Pa.R.C.P. No. 1910.16-2(b)(2)(i) or (ii).

 

 

5.	Combined Monthly Net Income (obligor’s line 4 plus obligee’s line 4)
6.	Basic Child Support Obligation (determined from schedule at Pa.R.C.P. No. 1910.16-3 based on number of children and line 5)

 

 

7.	Net Income Expressed as a Percentage of Combined Monthly Net Income (divide line 4 by line 5 and multiply by 100)	%		%
8.	Preliminary Basic Child Support Obligation (multiply line 6 and 7)
9.	Child’s Social Security Derivative Disability or Retirement Benefit (if the benefits are paid to the obligee, enter the benefit amount on the line for the party whose retirement or disability created the child’s benefit)
10.	Adjusted Basic Child Support Obligation (line 8 minus line 9--if the result is less than zero, enter a zero on line 10)
PART II. SUBSTANTIAL OR SHARED PHYSICAL CUSTODY ADJUSTMENT, IF APPLICABLE (See subdivision (c))

 

11.	a.	Percentage of Time Obligor Spends with Children (divide number of overnights with the obligor by 365 and multiply by 100)	%
	b.	Subtract 30%	( %)
	c.	Obligor’s Adjusted Percentage Share of the Basic Child Support Obligation (subtract result of calculation in line 11b from line 7)	%
	d.	Obligor’s Preliminary Adjusted Basic Child Support Obligation (multiply line 11c and line 6)
	e.	Further adjustment, if necessary under subdivision (c)(2)
	f.	Obligor’s Adjusted Basic Child Support Obligation (Total of line 11d and line 11e)
PART III. ADDITIONAL EXPENSES (See Pa.R.C.P. No. 1910.16-6)

 

12.	a.	Obligor’s Share of Child Care Expenses
	b.	Obligor’s Share of Health Insurance Premium (if the obligee is paying the premium)
	c.	Obligee’s Share of the Health Insurance Premium (if the obligor is paying the premium)	( )
	d.	Obligor’s Share of Unreimbursed Medical Expenses
	e.	Other Additional Expenses
	f.	Total Additional Expenses
		(add lines 12a, b, d, and e, then subtract line 12c)

 

13.	Obligor’s Total Monthly Support Obligation
	(add line 10 or 11f and line 12f, if applicable)
PART IV. SPOUSAL SUPPORT OR APL with dependent children
14.	Obligor’s Monthly Net Income (line 4)
15.	Obligor’s Support, Alimony Pendente Lite or Alimony Obligations, to Children or Former Spouses who are not part of this action, if any (See Pa.R.C.P. No. 1910.16-2(c)(2))	( )
16.	Obligee’s Monthly Net Income (line 4)	( )
17.	Difference
	(line 14 minus lines 15 and 16)
18.	Obligor’s Total Monthly Child Support Obligation without Part II Substantial or Shared Custody Adjustment, if any (Obligor’s line 10 plus line 12f)	( )
19.	Difference
	(line 17 minus line 18)
20.	Multiply by 30%	x 30%
21.	Monthly Spousal Support or Alimony Pendente Lite Obligation (line 19 multiplied by line 20)

 

Without Dependent Children

 

22.	Obligor’s Monthly Net Income (line 4)
23.	Obligor’s Support, Alimony Pendente Lite or Alimony Obligations to Children or Former Spouses who are not part of this action, if any (Pa.R.C.P. No. 1910.16-2(c)(2))	( )
24.	Obligee’s Monthly Net Income (line 4)	( )
25.	Difference
	(line 22 minus lines 23 and 24)
26.	Multiply by 40%	x 40%
27.	Preliminary Monthly Spousal Support or Alimony Pendente Lite Obligation (line 25 multiplied by line 26)
28.	Adjustments for Other Expenses (See Pa.R.C.P. No. 1910.16-6) (line 12f)
29.	Total Monthly Spousal Support or Alimony Pendente Lite Obligation (line 27 plus or minus line 28, as appropriate)

 

 

(b) Order For More Than Six Children. When there are more than six children who are the subject of a single support order, the trier-of-fact shall: 

(1) calculate the basic child support obligations for six children and five children; 

(2) subtract the basic child support obligation for five children from the basic child support obligation for six children; 

(3) multiply the difference from subdivision (b)(2) by the number of children in excess of six; and 

(4) add the amount from subdivision (b)(3) to the basic child support obligation for six children as determined in subdivision (b)(1). 

(c) Substantial or Equally Shared Physical Custody. 

(1) Substantial Physical Custody. When a child spends 40% or more of the annual overnights with the obligor, a rebuttable presumption arises that the obligor is entitled to a reduction in the basic child support obligation to reflect the obligor’s increased direct spending on the child during the obligor’s custodial time. 

(i) This rebuttable presumption also applies in high income cases decided pursuant to Pa.R.C.P. No. 1910.16-3.1. 

(ii) Except as provided in subdivision (c)(2), the trier-of-fact shall calculate the adjustment pursuant to the formula set forth in subdivision (a)(1)(Part D) or (a)(2)(Part II). 

(2) Equally Shared Physical Custody. Without regard to which party initiated the support action, when a child spends an equal number of annual overnights with the parties: 

(i) The formula in subdivision (a)(1)(Part D) or (a)(2)(Part II) cannot be applied unless the obligor is the party with the higher monthly net income. 

(ii) The trier-of-fact shall not require the party with the lower monthly net income to pay basic child support to the party with the higher monthly net income. However, this subdivision shall not preclude the entry of an order requiring the party with less monthly net income to contribute to additional expenses pursuant to Pa.R.C.P. No. 1910.16-6.

 

   (iii) Based upon the evidence presented, the trier-of-fact may enter a support order against either party.

(iv) If the support calculation results in the obligee receiving a larger share of the parties’ combined monthly net income, the trier-of-fact:

 

(A) shall adjust the obligor’s basic child support obligation so that the combined monthly net income is allocated equally between the two parties; and

 

(B) shall not award spousal support or alimony pendente lite.

 

Example 1. If the obligor and the obligee have monthly net incomes of $5,000 and $2,300, respectively, the basic child support obligation is $1,901 for two children. Using the income shares formula in Part I, the obligor’s basic child support obligation is 68%, or $1,293. If the children spend 40% of the annual overnights with the obligor, the formula in Part D or Part II applies to reduce the obligor’s basic child support obligation to 58%, or $1,103. If the children spend 45% of the annual overnights with the obligor, the obligor’s basic child support obligation is reduced to 53%, or $1,008. If the children spend an equal number of the annual overnights with the obligor and obligee, the obligor’s basic child support obligation is reduced to 48%, or $912.

 

Example 2. Mother and Father have monthly net incomes of $3,000 and $2,700, respectively. Mother has filed for support for the parties’ two children with whom the parties share time equally. As the parties have equal custody and Mother has the higher monthly net income, Mother cannot be the obligee. Although Mother initiated the support action, she would be the obligor. Pursuant to the Basic Child Support Schedule in Pa.R.C.P. No. 1910.16-3, the basic child support obligation for two children at the parties’ combined monthly net income is $1,585 per month. Mother’s share is 53%, or $840. Application of the Part II or Part D formula results in a 20% reduction in support when the obligor has 50% custody of the children. Mother’s adjusted percentage share of the basic support obligation is 33% (53%--20% = 33%) and the preliminary adjusted basic child support obligation is $523 (33% of $1,585). However, as this amount would result in Father having a greater share of the parties’ combined monthly net income ($3,223 vs. $2,477), Mother’s basic child support obligation would be adjusted to $150 per month to allocate the parties’ combined monthly net income equally between the two parties and would be the presumptive basic child support obligation payable to Father under these circumstances.

 

Example 3. If the obligor and the obligee have monthly net incomes of $3,000 and $2,500, respectively, the basic child support obligation for two children is $1,567. The obligor’s share is 55%, or $862 ($1,567 x 55%). If the children spend equal time with the parties, the formula in Part II or Part D results in a basic child support obligation of $548 ($1,567 x 35%) payable to the obligee. Since this amount results in the obligee having monthly net income of $3,048 and the obligor having monthly net income of $2,452, the obligor’s basic child support obligation would be adjusted to $250 to equalize the combined monthly net income between the parties and would be the presumptive basic child support obligation payable to the obligee under these circumstances.

(d) Divided or Split Physical Custody. When Each Party Owes Child Support to the Other Party. Varied Partial or Shared Custodial Schedules.

(1) Divided or Split Physical Custody. When Each Party Owes Child Support to the Other Party. When calculating a basic child support obligation and each party owes child support to the other party as a result of the custodial arrangement, the trier-of-fact shall offset the parties’ respective basic child support obligations and award the net difference to the obligee as child support.

 

Example 1. If the parties have three children, one child resides with Mother and two children reside with Father, and the parties’ monthly net incomes are $4,000 and $2,000 respectively, Mother’s basic child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for two children at the parties’ combined monthly net income of $6,000. The basic child support obligation is $1,628. As Mother’s income is 67% of the parties’ combined monthly net income, Mother’s basic child support obligation for the two children living with Father is $1,091. Father’s basic child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for one child at the parties’ combined monthly net income of $6,000. The basic child support obligation is $1,097. Father’s basic child support obligation for the child living with Mother is $362. Subtracting $362 from $1,091 produces a basic child support obligation of $729 payable to Father as child support.

 

Example 2. If the parties have two children, one child resides with Mother and the parties equally share custody (50%--50%) of the other child, and the parties’ monthly net incomes are as set forth in Example 1. The basic child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for the one child primarily residing with Mother at the parties’ combined monthly net income of $6,000, the basic child support obligation is $1,097. Father’s income is 33% of the parties’ combined monthly net income, and the basic child support obligation for the child living with Mother is $362. For Mother’s obligation for the child with the equally shared custody arrangement, using the schedule in Pa.R.C.P. No. 1910.16-3 for one child at the parties’ combined monthly net income of $6,000, the basic child support obligation is $1,097. Mother’s proportionate share of the combined monthly net incomes is 67%, but it is reduced to 47% after applying the shared parenting time adjustment for 50% custody under subdivision (c). Mother’s basic child support obligation for the shared custody child is $516 ($1,097 x 47%). As Mother’s obligation is greater than Father’s obligation, Father is the obligee and receives the net of the two obligations by subtracting $362 from $516, or $154. 

(2) Varied Partial or Shared Physical Custodial Schedule. 

(i) The trier-of-fact may reduce a party’s basic child support obligation when the parties have more than one child and each child spends either different amounts of: 

(A) partial or equally shared custodial time with the higher monthly net income party; or 

(B) partial custodial time with the lower monthly net income party. 

(ii) In determining whether a party is entitled to a reduction as provided in subdivision (d)(2)(i): 

(A) the trier-of-fact shall: 

(I) add the percentage of annual overnights each child spends with that party; and 

(II) divide by the number of children to determine the party’s average percentage of custodial time. 

(B) If the average percentage of custodial time is 40% or more: 

(I) subdivision (c) applies; and

(II) the trier-of-fact shall reduce the party’s basic child support obligation accordingly.

 

Example 1. The parties have two children and one child spends 50% of the annual overnights with Mother, who has the higher monthly net income, and the other child spends 20% of the annual overnights with Mother. Add those percentages together and divide by the number of children (50% plus 20% = 70% divided by 2 children = 35% average time with Mother). Pursuant to subdivision (d)(2)(ii)(B), Mother is not entitled to a reduction in the support order for substantial parenting time.

 

Example 2. The parties have three children. Two children spend 50% of the annual overnights with Mother, who has the higher monthly net income, and the third child spends 30% of the annual overnights with Mother. Add the percentages of custodial time for all three children together and divide by the number of children (50% plus 50% plus 30% = 130% divided by three children = 43.33% average percentage of time with Mother). Pursuant to subdivision (d)(2)(ii)(B), Mother is entitled to a reduction in the support order for substantial parenting time.

 

Example 3. The parties have three children, Mother has primary custody (60%--40%) of one child, Father has primary custody (60%--40%) of one child, and the parties share custody (50%--50%) of the third child. The parties’ monthly net incomes are $2,500 (Mother) and $2,000 (Father). As a result of the custodial arrangement, Father owes support for the child in the primary custody of Mother and Mother owes support for the child in the primary custody of Father and for the child shared equally between the parties. Father’s basic child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for one child at the parties’ combined monthly net income of $4,500. The basic child support obligation is $941. Father’s proportionate share of the combined monthly net incomes is 44%, but is reduced to 34% after applying the shared parenting time adjustment for 40% custody under subdivision (c). Father’s basic child support obligation for this child is $320 ($941 x 34%). Mother’s basic child support obligation is calculated using the schedule in Pa.R.C.P. No. 1910.16-3 for two children at the parties’ combined monthly net income of $4,500. The basic child support obligation is $1,414. Mother has varying partial or shared custody of the two children (40% and 50%). Under subdivision (d)(2), the custodial time is averaged or in this case 45%. Mother’s proportionate share of the combined monthly net incomes is 56%, but it is reduced to 41% after applying the shared parenting time adjustment for 45% custody under subdivision (c). Mother’s basic child support obligation for these children is $580 ($1,414 x 41%). Offsetting the support obligations consistent with subdivision (d)(1), Mother’s obligation is greater than Father’s obligation, and Father is the obligee receiving the net of the two obligations by subtracting $320 from $580, or $260.

 

Note: In cases with more than one child and varied partial or shared custodial schedules, it is not appropriate to perform 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. 

(3) Combined Child Support and Spousal Support or Alimony Pendente Lite. When Each Party Owes Child Support to the Other Party. 

(i) When one or more children reside with each party, the trier-of-fact shall offset the obligor’s combined spousal support or alimony pendente lite and basic child support obligations with the obligee’s basic child support obligation. 

(ii) The trier-of-fact shall award the net difference to the obligee as spousal support or alimony pendente lite and basic child support. 

(e) Support Obligations When Custodial Parent Owes Spousal Support. If a child is residing with the spouse (custodial parent) obligated to pay spousal support or alimony pendente lite and the other spouse (non-custodial parent) has a legal obligation to support the child, the guideline spousal support or alimony pendente lite obligation is determined by offsetting the non-custodial parent’s basic child support obligation and the custodial parent’s spousal support or alimony pendente lite obligation, and awarding the net difference either to the non-custodial parent as spousal support or alimony pendente lite or to the custodial parent as child support as the circumstances warrant. The calculation is a five-step process: 

(1) Calculate the custodial parent’s spousal support or alimony pendente lite obligation to the non-custodial parent based on the parties’ monthly net incomes using the “without dependent children” formula in either Pa.R.C.P. No. 1910.16-4(a)(1)(Part B) or (a)(2)(Part IV), as appropriate. 

(2) Recalculate the parties’ monthly net incomes by adjusting for the spousal support or alimony pendente lite payment paid or received in subdivision (e)(1). 

(3) Using the recomputed monthly net incomes from subdivision (e)(2), calculate the non-custodial parent’s basic child support obligation to the custodial parent. 

(4) The final support amount is the difference calculated in subdivision (e)(1) and (e)(3). 

(i) If the amount in subdivision (e)(1) is greater than the amount in subdivision (e)(3), the final amount is spousal support or alimony pendente lite payable to the non-custodial parent. 

(ii) If the amount in subdivision (e)(1) is less than the amount in subdivision (e)(3), the final amount is basic child support payable to the custodial parent. 

(5) If the proceeding is a modification of an order entered before January 1, 2019 that has federal tax consequences associated with spousal support or alimony pendente lite payments and the final order is spousal support or alimony pendente lite as in subdivision (e)(4)(i), the offset spousal support or alimony pendente lite amount is federally taxable, and the trier-of-fact may deviate the final order due to the tax effect, as appropriate.

 

Note: See Pa.R.C.P. No. 1910.19(h).

 

Adopted Dec. 8, 1998, effective April 1, 1999. Amended March 2, 2000, imd. effective; Oct. 27, 2000, imd. effective; June 5, 2001, imd. effective; Oct. 30, 2001, imd. effective; Sept. 24, 2002, imd. effective; Nov. 9, 2004, imd. effective; May 17, 2005, imd. effective; Sept. 27, 2005, effective in 4 months [Jan. 27, 2006]; Jan. 12, 2010, effective May 12, 2010; July 8, 2010, effective Sept. 6, 2010; Aug. 3, 2011, effective in 30 days [Sept. 2, 2011]; Aug. 26, 2011, effective Sept. 30, 2011; Jan. 31, 2012, effective Feb. 28, 2012; April 9, 2013, effective Aug. 9, 2013; July 2, 2014, effective August 1, 2014; Sept. 25, 2014, effective Oct. 25, 2014; April 29, 2015, effective July 1, 2015; Oct. 14, 2016, effective Jan. 1, 2017; Feb. 10, 2017, effective May 1, 2017; Feb. 9, 2018, effective April 1, 2018; July 30, 2018, effective Jan. 1, 2019; Dec. 28, 2018, effective Jan. 1, 2019; Aug. 17, 2021, effective Jan. 1, 2022. 

EXPLANATORY COMMENT—2005

 

Pa.R.C.P. No. 1910.16-4(a) sets forth the income shares formula used to establish the support obligation. Subdivision (b) provides the method for calculating support for seven or more children as the basic support schedule in Pa.R.C.P. No. 1910.16-3 sets forth the presumptive amount of support for up to six children. 

 

Subdivision (c) sets forth the method for calculating the presumptive amount of support in cases where the children spend 40% or more of their time during the year with the obligor. When there is equal time sharing, subdivision (2) reduces the support obligation further so that the obligor does not pay more than is necessary to equalize the parties’ combined monthly net income between the two households. Subdivision (3) expressly excludes SSR cases from the application of this rule. Since the SSR already reduces support to a minimal level, a further reduction should not be given for the amount of time spent with the children. 

 

Subdivision (d) relates to the calculation of support in divided or split custody cases. It retains the existing method for offsetting the parties’ respective support obligations when one or more of the children resides with each party. 

 

Subdivision (e) governs spousal support obligations when the custodial parent owes spousal support. It has not been amended, other than to update the example to be consistent with the new schedule at Pa.R.C.P. No. 1910.16-3. 

EXPLANATORY COMMENT--2010

 

The basic support schedule incorporates an 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. Variable expenditures, such as food and entertainment, that fluctuate based upon parenting time were adjusted in the schedule to build in the assumption of 30% parenting time. Upward deviation should be considered in cases in which the obligor has little or no contact with the children. However, an upward deviation may not be appropriate if an obligor has infrequent overnight contact with the child, but provides meals and entertainment during daytime contact. Fluctuating expenditures should be considered rather than the extent of overnight time. A downward deviation may be appropriate when the obligor incurs substantial fluctuating expenditures during parenting time but has infrequent overnights with the children. 

 

The calculation in Pa.R.C.P. No. 1910.16-4(c) reduces an obligor’s support obligation further if the obligor spends significantly more time with the children. 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 still may result in a support obligation even if custody of the children is equally shared. In those cases, the rule provides for a maximum obligation so that the obligee does not receive a larger portion of the parties’ combined monthly net income than the obligor. 

________________________

Rule 1910.16-5. Support Guidelines. Deviation

(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.

 

Note: The deviation applies to the support obligation amount or duration, and not to the party’s monthly net income.

 

(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. 

 

Adopted Dec. 8, 1998, effective April 1, 1999. Amended Sept. 24, 2003, imd. effective; Sept. 27, 2005, effective in 4 months [Jan. 27, 2006]; Jan. 12, 2010, effective May 12, 2010; Aug. 17, 2021, effective Jan. 1, 2022. 

EXPLANATORY COMMENT--2005

 

Rule 1910.16-5 sets forth the factors for deviation from the presumptive amount of support. Subdivision (c) and subsection (b)(8) permit the court to consider the length of the marriage in determining the amount and duration of a spousal support or alimony pendente lite award. The primary purpose of these provisions 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. 

EXPLANATORY COMMENT--2010

 

The provisions of subdivision (c), which provided that the court must consider the duration of the parties’ marriage in determining the duration of an award of spousal support or alimony pendente lite, were moved to new Rule 1910.16-1(c)(2). The duration of the marriage, from the date of marriage to the date of final separation, remains a factor to consider in determining whether or not deviation from the amount of the award is warranted.

 

______________________________

 

Rule 1910.16-6. Support Guidelines. Basic Support Obligation Adjustments. Additional Expenses Allocation

The trier-of-fact may allocate between the parties the additional expenses in subdivisions (a)-(e). Even when a basic support order is inappropriate under the facts of the case, the trier-of-fact may allocate between the parties the additional expenses. 

 

Except for the subdivisions (b)(4) and (e) expenses, the trier-of-fact shall calculate the parties’ proportionate share of the additional expenses after adjusting the parties’ monthly net income by the spousal support or alimony pendente lite obligation received or paid, and dividing each party’s adjusted monthly net income by the parties’ combined monthly net income. However, the trier-of-fact shall not adjust the parties’ monthly net incomes when apportioning the expenses in child support only cases.

(a) Child care expenses.

(1) The trier-of-fact:

(i) shall allocate reasonable child care expenses paid by the parties, if necessary to maintain employment or appropriate education in pursuit of income.

(ii) may allocate reasonable child care expenses paid by the parties when the trier-of-fact imputes an earning capacity to a party as provided in Pa.R.C.P. No. 1910.16-2(d)(4)(i)(D).

 (2) The trier-of-fact may require that the obligor’s share be added to the basic child support obligation, paid directly to the service provider, or paid directly to the obligee.

 

(3) When a party is receiving a child care subsidy through the Department of Human Services, the expense allocated between the parties is the amount actually paid by the party receiving the subsidy.

(4) The party seeking allocation of child care expenses shall provide to the other party the expense’s documentation, such as a receipt or an invoice, promptly after receipt unless the service provider invoices the parties separately for the party’s proportionate share of the expense.

(5) The trier-of-fact shall have the discretion to not allocate expenses if documentation is not timely provided to the other party.

(6) Except as provided in subdivision (a)(7), the total child care expenses shall be reduced to reflect the federal child care tax credit available to the eligible party, regardless of whether the credit is actually claimed by that party, up to the maximum annual cost allowable under the Internal Revenue Code.

(7) If the eligible party is not qualified to receive the credit, the federal child care tax credit shall not be used to reduce the child care expenses subject to allocation between the parties. 

 

Example. Mother has primary custody of the parties’ two children and Father has partial custody. The parties’ respective monthly net incomes are $2,000 and $3,500. At the combined monthly net income of $5,500 for two children, the basic child support obligation is $1,567. As Father’s income represents 64% of the parties’ combined monthly net income, Father’s basic child support obligation is $1,003. Mother incurs monthly child care expenses of $400, and Father incurs $100 per month. The total child care expenses, $500, will be apportioned between the parties, with Father paying 64%, or $320. As Father is paying $100 for the children’s child care during in his partial custody, he would pay the remaining $220 to Mother for a total child support obligation of $1,223 ($1,003 + $220).

(b) Health Insurance Premium.

(1) The trier-of-fact shall allocate the health insurance premium paid by the parties, including the premium attributable to the party paying the premium, provided that a statutory duty of support is owed to the party or child covered by the health insurance.

(i) If the party paying the health insurance premium is the obligor, the obligee’s share is deducted from the obligor’s basic support obligation.

(ii) If the obligee is paying the health insurance premium, the obligor’s share is added to the obligor’s basic support obligation.

(iii) A health insurance premium allocated between the parties shall also include health insurance that is provided and paid by a third-party resident of a party’s household (e.g., step-parent) for a child who is the subject of the support order.

(2) The trier-of-fact shall not allocate an employer-paid premium or a premium paid for a party, person, or child to whom no statutory duty of support is owed.

(i) If the parties present evidence of the excluded premium’s actual amount -- the amount attributed to a party, person, or child not owed a statutory duty of support -- the trier-of-fact shall deduct the actual amount excluded from the total premium before allocating the health insurance premium between the parties.

 

 (ii) If the parties do not present evidence of the excluded premium’s actual amount, the trier-of-fact shall calculate the excluded amount as follows:

(A) determine the premium’s cost per person by dividing the total premium by the number of persons covered under the policy;

(B) multiply the cost per person by the number of persons who are not owed a statutory duty of support, or are not parties to, or the subject of, the support action; and

(C) the resulting amount is excluded from allocation. 

 

Example 1. If the parties are separated, but not divorced, and Husband pays $200 monthly for employer-provided health insurance for himself, Wife, the parties’ child, and two additional children from a previous marriage, the premium attributable to the additional two children, if not otherwise verifiable or known with reasonable ease and certainty, is calculated by dividing $200 by five persons and then multiplying the resulting amount of $40 per person by the two additional children, for a total of $80 to be excluded from allocation. Deduct this amount from the total premium to arrive at the premium to be allocated between the parties--$120. Since Husband is paying the premium, and spouses have a statutory duty to support one another pursuant to 23 Pa.C.S. § 4321, Wife’s percentage share of the $120 is deducted from Husband’s support obligation. If Wife had been providing the coverage, Husband’s percentage share would be added to his basic support obligation. 

 

Example 2. If the parties are divorced and Father pays $200 monthly for employer-provided health insurance for himself, the parties’ child, and two additional children from a previous marriage, the premium attributable to Father and the two additional children will not be allocated between the parties. Thus, using the same calculations in Example 1, the premium attributable to Father and the two other children is $150 ($200 premium divided among four covered persons equals $50 per person multiplied by three) and that amount is deducted from the total premium, leaving $50 ($200--$150 = $50) to be allocated between the parties. 

 

Example 3. The parties are divorced, and Mother is the obligee of a child support order. Father, the obligor, pays $200 monthly for employer-provided health insurance for himself and the parties’ child. Mother pays $400 per month for her employer-provided health insurance that covers only herself. The premium Father pays to cover the parties’ child, $100 ($200 premium divided between two covered persons, Father and the child), will be allocated between the parties in proportion to their respective monthly net incomes. The premium that covers Father will not be allocated because the parties are no longer married, and he is not owed a duty of support by Mother. The premium Mother pays to provide her own coverage will not be allocated because the parties are no longer married and she is not owed a duty of support by Father.

(3) Pursuant to 23 Pa.C.S. § 4326(a), in every support proceeding, the trier-of-fact shall ascertain a parent’s ability to provide medical support for the parties’ child and the support “order shall include a requirement for medical support to be provided by either or both parents, provided that such medical support is accessible to the children.”

(i) The obligor bears the initial responsibility of providing the child’s health care coverage if it is available at a reasonable cost.

(A) “Reasonable cost” to an obligor shall be defined as an amount that does not exceed 5% of the obligor’s monthly net income and, when added to the basic child support obligation plus additional expenses the obligor is ordered to pay, does not exceed 50% of the obligor’s monthly net income.

(B) If the obligee is providing the coverage, the “reasonable cost” of the obligor’s share shall be defined as an amount that does not exceed 5% of the obligor’s monthly net income and, when added to the basic child support obligation plus additional expenses the obligor is ordered to pay, does not exceed 50% of the obligor’s monthly net income.

(ii) Unless the child’s health care coverage is provided by the obligee or a third party, the court shall issue the National Medical Support Notice required by 23 Pa.C.S. § 4326(d.1) to the obligor’s employer in response to notification that the obligor is employed.

(A) The notice shall direct the employer to enroll the obligor’s child who is the subject of the support proceeding if the coverage is available at a reasonable cost to the obligor.

(B) However, the notice shall direct that enrollment shall not occur earlier than 25 days from the date of the National Medical Support Notice to allow the obligor time to object.

(C) Concurrent with the issuance of the National Medical Support Notice, the court shall provide notice to the obligor setting forth the process to object to the enrollment based upon unreasonable cost, mistake of fact, or availability of alternative health care coverage for the child.

(D) If there is more than one employer-provided health care coverage option, the obligor shall select the coverage, subject to the obligee’s right to seek a court order designating a different option.

(iii) Absent the availability of health care coverage to the obligor for the parties’ child at a reasonable cost, the court shall order the obligee to provide health care coverage for the child if it is available at a reasonable cost. “Reasonable cost” to the obligee shall be defined as an amount not to exceed 5% of the obligee’s monthly net income.

(iv) If health care coverage is not available to the parties at a reasonable cost, the court may order the the party having primary custody to apply for government-sponsored coverage, such as the Children’s Health Insurance Program (“CHIP”), with any co-premium or other cost apportioned between the parties in proportion to the parties’ respective monthly net incomes.

(v) Within 30 days after the entry of the support order, the party ordered to provide health care coverage shall provide written proof to the other party that medical insurance has been obtained, including insurance cards and all other materials set forth in the form order in Pa.R.C.P. No. 1910.27(e). There shall be a continuing obligation to provide the other party and the domestic relations section with proof of any changes in coverage.

(vi) The trier-of-fact shall give preference to health care coverage that is readily accessible to the child, as defined by geographic coverage area, access to local treatment providers, or other relevant factors. 

 

Note: The maximum amount of any attachment for child and medical support is set forth by the federal Consumer Credit Protection Act (15 U.S.C. §§ 1601 et seq.).

(4) If the obligor is paying for the health insurance, the obligee has no income or minimal income, and the obligor will bear 90% or more of the health insurance premium:

(i) the trier-of-fact may, as fairness requires, deduct part or all of the premium actually paid by the obligor to provide coverage for the other party or the child from the obligor’s gross income to determine monthly net income for support purposes.

 

 (ii) If such a deduction is taken from the obligor’s gross income, the premium allocation as set forth in subdivision (b)(1) shall not be applied. 

 

Note: Subdivision (b) does not apply to Medical Assistance. See 23 Pa.C.S. § 4326(l).

(c) Unreimbursed Medical Expenses. The trier-of-fact shall allocate the obligee’s or child’s unreimbursed medical expenses. However, the trier-of-fact shall not allocate unreimbursed medical expenses incurred by a party who is not owed a statutory duty of support by the other party. The trier-of-fact may require that the obligor’s expense share be included in the basic support obligation, paid directly to the health care provider, or paid directly to the obligee.

(1) Medical Expenses.

(i) For purposes of this subdivision, medical expenses are annual unreimbursed medical expenses in excess of $250 per person.

(ii) Medical expenses include insurance co-payments and deductibles and all expenses incurred for reasonably necessary medical services and supplies, including but not limited to surgical, dental and optical services, and orthodontia.

(iii) Medical expenses do not include cosmetic, chiropractic, psychiatric, psychological, or other services unless specifically directed in the order of court. 

 

Note: While cosmetic, chiropractic, psychiatric, psychological, or other expenses are not required to be apportioned between the parties, the trier-of-fact may apportion such expenses that it determines to be reasonable and appropriate under the circumstances.

(2) The trier-of-fact may impose an annual limitation when the burden on the obligor would otherwise be excessive.

(3) Annual expenses shall be calculated on a calendar year basis.

(i) In the year in which the initial support order is entered, or in any period in which support is being paid that is less than a full year, the $250 threshold shall be pro-rated.

(ii) The party seeking allocation for an unreimbursed medical expense shall provide to the other party the expense’s documentation, such as a receipt or an invoice, promptly upon receipt, but not later than March 31st of the year following the calendar year in which the final bill was received by the party seeking allocation.

(iii) For purposes of subsequent enforcement, unreimbursed medical bills need not be submitted to the domestic relations section prior to March 31st.

(iv) The trier-of-fact shall have the discretion to not allocate an expense if documentation is not timely provided to the other party.

(4) If the trier-of-fact determines that out-of-network medical expenses were not obtained due to medical emergency or other compelling factors, the trier-of-fact may decline to assess the expenses against the other party. 

 

Note: If the trier-of-fact determines that the obligee acted reasonably in obtaining services that were not specifically set forth in the order of support, payment for such services may be ordered retroactively.

(d) Private School Tuition or Summer Camp. Other Additional Expenses. Expenses outside the scope of typical child-rearing expenses, such as private school tuition, summer camp fees, and other additional expenses as set forth in subdivision (d)(2), have not been factored into the Basic Child Support Schedule.

(1) Private School Tuition or Summer Camp. If the trier-of-fact determines that private school or summer camp is reasonable under the parties’ circumstances, the trier-of-fact shall apportion the expense to the parties.

(2) Other Additional Expenses. The trier-of-fact shall apportion an additional expense to the parties, if the trier-of-fact determines that the expense:

(i) is related to the child’s educational, extra-curricular, or developmental activities; and

(ii) is reasonable under the parties’ circumstances.

(3) The trier-of-fact may require that a party’s proportionate share of a subdivision (d)(1) or (d)(2) expense is:

(i) included in or excluded from the basic child support obligation;

(ii) paid directly to the service provider; or

(iii) paid directly to the other party.

(4) Documentation.

(i) The party seeking allocation of an expense shall provide the other party with the expense’s documentation, such as a receipt or an invoice, promptly upon receipt, but not later than March 31st of the year following the calendar year in which the party incurred the expense, unless the service provider invoices the parties separately.

(ii) For subsequent enforcement purposes, a party does not need to submit the expense’s documentation to the domestic relations section before March 31.

(iii) The trier-of-fact shall have the discretion to not allocate an expense if documentation is not timely provided to the other party.

(e) Mortgage Payment. The support guidelines assume that the spouse occupying the marital residence will be solely responsible for the mortgage payment, real estate taxes, and homeowners’ insurance. Similarly, the trier-of-fact shall assume that the party occupying the marital residence will be paying the items listed unless the recommendation specifically provides otherwise.

(1) If the obligee is living in the marital residence and the mortgage payment exceeds 25% of the obligee’s monthly net income (including amounts of spousal support, alimony pendente lite, and child support), the trier-of-fact may require the obligor to assume up to 50% of the excess amount in the obligor’s support obligation.

(2) If the obligor is occupying the marital residence and the mortgage payment exceeds 25% of the obligor’s monthly net income (less any amount of spousal support, alimony pendente lite, and child support the obligor is paying), the trier-of-fact may downwardly adjust the obligor’s support obligation.

 (3) This rule shall not be applicable after a final resolution of the outstanding economic claims in the parties’ divorce action.

(4) For purposes of this subdivision, “mortgage” shall include a first mortgage, real estate taxes, and homeowners’ insurance and may include a subsequent mortgage, a home equity loan, and other marital obligations secured by the marital residence.

 

Adopted Dec. 8, 1998, effective April 1, 1999. Amended Oct. 27, 2000, imd. effective; June 5, 2001, imd. effective; Oct. 30, 2001, imd. effective; Oct. 31, 2002, imd. effective; July 30, 2003, imd. effective; Sept. 24, 2003, imd. effective; Nov. 9, 2004, imd. effective; May 17, 2005, imd. effective; Sept. 27, 2005, effective in 4 months [Jan. 27, 2006]; Oct. 17, 2006, imd. effective; Aug. 13, 2008, effective Oct. 12, 2008; Dec. 8, 2009, imd. effective; Jan. 12, 2010, effective May 12, 2010; July 8, 2010, effective Sept. 6, 2010; Aug. 26, 2011, effective Sept. 30, 2011; April 9, 2013, effective Aug. 9, 2013; May 14, 2014, effective June 13, 2014; March 12, 2015, effective April 11, 2015; Feb. 10, 2017, effective May 1, 2017; June 23, 2017, effective Oct. 1, 2017; Dec. 28, 2018, effective Jan. 1, 2019; Aug. 17, 2021, effective Jan. 1, 2022. 

EXPLANATORY COMMENT--2004

 

Subdivision (a), relating to the federal child care tax credit, has been amended to reflect recent amendments to the Internal Revenue Code, 26 U.S.C. § 21. By generally referencing the Tax Code, rather than incorporating current Code provisions in the rule, further amendments will be incorporated into the support calculation. 

EXPLANATORY COMMENT--2005

 

Pa.R.C.P. No. 1910.16-6 governs the treatment of additional expenses that warrant an adjustment to the basic support obligation. 

 

Subdivision (a) relates to child care expenses. Subdivision (a) has been amended to require that child care expenses incurred by either party are to be allocated between the parties in proportion to their respective net incomes. Subsection (a)(1), relating to the federal child care tax credit, was amended in 2004 to reflect recent amendments to the Internal Revenue Code. 26 U.S.C. § 21. By referring to the Tax Code in general, rather than incorporating current Code provisions in the rule, any further amendments will be incorporated into the support calculation. Since the tax credit may be taken only against taxes owed, it cannot be used when the eligible parent does not incur sufficient tax liability to fully realize the credit. For this reason, subsection (2) provides that no adjustment to the total child care expenses may be made if the eligible parent does not qualify to receive the credit. 

 

Subdivision (b) addresses health insurance premiums. The cost of the premiums is generally treated as an additional expense to be allocated between the parties in proportion to their net incomes. Subdivision (b)(1) of the rule permits allocation of the entire premium, including the portion of the premium covering the party carrying the insurance, when the insurance benefits the other party and/or the children. Subdivision (b)(2) clarifies that, in calculating the amount of the health care premium to be allocated between the parties, subdivision (b)(1) requires the inclusion of that portion of the health insurance premium covering the party who is paying the premium, so long as there is a statutory duty of support owed to that party, but not the portion of the premium attributable to non-parties and children who are not the subjects of the support order. Subdivision (b)(2) provides for proration of the premium when the health insurance covers other persons who are not subject to the support action or owed a statutory duty of support. Subdivision (b) also permits an alternative method for dealing with the cost of health insurance premiums in certain circumstances. While, in general, the cost of the premiums will be treated as an additional expense to be allocated between the parties in proportion to their net incomes, in cases in which the obligee has no income or minimal income, subsection (4) authorizes the trier-of-fact to reduce the obligor’s gross income for support purposes by some or all of the amount of the health insurance premiums. This is to avoid the result under a prior rule in which the entire cost of health insurance would have been borne by the obligor, with no resulting reduction in the amount of support he or she would otherwise be required to pay under the support guidelines. The goal of this provision is to encourage and facilitate the maintenance of health insurance coverage for dependents by giving the obligor a financial incentive to maintain health insurance coverage. 

 

Subdivision (c) deals with unreimbursed medical expenses. Since the first $250 of medical expenses per year per child is built into the basic guideline amount in the child support schedule, only medical expenses in excess of $250 per year per child are subject to allocation under this rule as an additional expense to be added to the basic support obligation. The same is true with respect to spousal support so that the obligee-spouse is expected to assume the first $250 per year of these expenses and may seek contribution under this rule only for unreimbursed expenses which exceed $250 per year. The definition of “medical expenses” includes insurance co-payments, deductibles and orthodontia and excludes chiropractic services.

 

Subdivision (d) governs apportionment of private school tuition, summer camp and other unusual needs not reflected in the basic guideline amounts of support. The rule presumes allocation in proportion to the parties’ net incomes consistent with the treatment of the other additional expenses. 

 

Subdivision (e) provides for the apportionment of mortgage expenses. It defines “mortgage” to include the real estate taxes and homeowners’ insurance. While real estate taxes and homeowners’ insurance must be included if the trier-of-fact applies the provisions of this subdivision, the inclusion of second mortgages, home equity loans and other obligations secured by the marital residence is within the trier-of-fact’s discretion based upon the circumstances of the case. 

EXPLANATORY COMMENT--2006

 

A new introductory sentence in Pa.R.C.P. No. 1910.16-6 clarifies that additional expenses contemplated in the rule may be allocated between the parties even if the parties’ respective incomes do not warrant an award of basic support. Thus, even if application of either formula Pa.R.C.P. No. 1910.16-4 results in a basic support obligation of zero, the trier-of-fact may enter a support order allocating between the parties any or all of the additional expenses addressed in this rule. 

 

The amendment of subdivision (e) recognizes that the obligor may be occupying the marital residence and that, in particular circumstances, justice and fairness may warrant an adjustment in his or her support obligation. 

EXPLANATORY COMMENT--2008

 

Federal and state statutes require clarification to subdivision (b) to ensure that all court orders for support address the children’s ongoing need for medical care. In those instances where the children’s health care needs are paid by the state’s medical assistance program, and eligibility for the Children’s Health Insurance Program (“CHIP”) is denied due to the minimal income of the custodial parent, the obligor remains required to enroll the parties’ children in health insurance that is, or may become, available that is reasonable in cost.

 

 

Government-sponsored health care plans represent a viable alternative to the often prohibitive cost of health insurance obtainable by a parent. Except for very low income children, every child is eligible for CHIP, for which the parent with primary physical custody must apply and which is based on that parent’s income. A custodial parent may apply for CHIP by telephone or on the Internet. While co-premiums or co-pays increase as the custodial parent’s income increases, such costs are generally modest and should be apportioned between the parties. Moreover, health care coverage obtained by the custodial parent generally yields more practical results, as the custodial parent resides in the geographic coverage area, enrollment cards are issued directly to the custodial parent, and claims may be submitted directly by the custodial parent. 

EXPLANATORY COMMENT--2010

 

Subdivision (e), relating to mortgages on the marital residence, has been amended to clarify that the rule cannot be applied after a final order of equitable distribution has been entered. To the extent that Isralsky v. Isralsky, 824 A.2d 1178 (Pa. Super. 2003), holds otherwise, it is superseded. At the time of resolution of the parties’ economic claims, the former marital residence will either have been awarded to one of the parties or otherwise addressed. 

EXPLANATORY COMMENT--2018

 

The amendments provide for an adjustment to the parties’ monthly net incomes prior to determining the percentage each party pays toward the expenses set forth in Pa.R.C.P. No. 1910.16-6. Previously, the Rules of Civil Procedure apportioned the enumerated expenses in Pa.R.C.P. No. 1910.16-6(a)-(d), with the exception of subdivision (c)(5), between the parties based on the parties’ respective monthly net incomes as calculated pursuant to Pa.R.C.P. No. 1910.16-2. This apportionment did not consider the amount of support paid by the obligor or received by the obligee. 

 

The amended rule adjusts the parties’ monthly net incomes, upward or downward, by the spousal support/APL amount paid or received by that party prior to apportioning the expenses. This methodology is not new to the Rules of Civil Procedure. In Pa.R.C.P. No. 1910.16-6(c)(5)(rescinded), the parties’ monthly net incomes in spousal support/APL-only cases were similarly adjusted prior to the apportionment of unreimbursed medical expenses. Likewise, Pa.R.C.P. No. 1910.16-6(e) considers the parties’ monthly net income after the receipt or payment of the support obligation for purposes of determining a mortgage deviation. As the new procedure adopts the methodology in former subdivision (c)(5), that subdivision has been rescinded as delineating the spousal support only circumstance is unnecessary. 

 

Lastly, the amendment consolidates Pa.R.C.P. No. 1910.16-6(b)(1), (2), and (2.1). 

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Rule 1910.16-7. Support Guidelines. Multiple Family Child Support Obligations

(a) When an obligor’s basic child support obligations total 50% or less of the obligor’s monthly net income, there will be no deviation from the basic support obligation on the ground of the existence of a new family. 

Example: If the obligor requests a reduction of support for one child of the first marriage on the basis that there is a new child of the second intact marriage, and the relevant monthly net incomes are $2,500 for the obligor, $500 for the former spouse, and $1,300 for the current spouse, the request for a reduction will be denied because the obligor’s basic support obligations total $1,138 ($576 for the first child and $562 for the second child) and are less than half of the obligor’s monthly net income. 

(b) When the total of the obligor’s basic support obligations exceeds 50% of the obligor’s monthly net income, the trier-of-fact may proportionately reduce the basic support obligations.

(1) The goal of the guidelines is to treat each child equitably, and a first or later family shall not receive preference.

(2) The trier-of-fact shall not divide the basic child support obligations for all of the obligor’s children among the households in which those children live. 

 

Example 1. The obligor is sued for support of an out-of-wedlock child. The obligor is already paying support for two children of the first marriage, and has an intact second marriage with one child. The relevant monthly net incomes are $3,800 for the obligor, $1,100 for the former spouse, $0 for the current spouse, and $1,500 for the parent of the new child. The obligor’s basic child support obligations to each family are $1,140 for the two children of the first marriage, $854 for the one child of the second marriage, and $743 for the one child out of wedlock for a total of $2,737. Since the total of these obligations exceeds 50% of the obligor’s monthly net income of $3,800, the trier-of-fact may consider a proportional reduction of the orders. 

 

Example 2. The obligor is sued for support of three children of a second marriage. There is already an order in effect for two children of the first marriage. The relevant monthly net incomes are $2,500 for the obligor, $0 for the first spouse, and $500 for the second spouse. The obligor’s basic child support obligation to each family is $877 for the two children of the first marriage and $1,040 for the three children of the second marriage for a total support obligation of $1,917. Since the total obligation leaves the obligor with only $583 on which to live, the orders are too high as the obligor must be left with a Self-Support Reserve of $1,063. However, reducing the order for three children while leaving the existing order intact would give preference to the first family, contrary to the rule. Therefore, both orders shall be reduced proportionally. 

 

Example 3. The obligor is sued by three obligees to establish orders for three children. The monthly net income for the obligor and for each obligee is $1,500. The trier-of-fact would determine that the obligor’s basic child support obligation for each child is $346 for a total of $1,038 for three children. It would be incorrect to determine the basic child support obligation for three children, in this case $1,253, and divide that amount among the three children. As the obligations exceed 50% of the obligor’s monthly net income, the support orders should be reduced proportionately consistent with subdivision (b) and ensure the obligor retains the Self-Support Reserve of $1,063 consistent with Pa.R.C.P. No. 1910.16-2(e).

(c) Presumptive Basic Support Obligation.

(1) For purposes of this rule, the obligor’s presumptive basic support obligation:

(i) is calculated using only the formula in Pa.R.C.P. No. 1910.16-4; and

(ii) does not include any additional expenses that may be added pursuant to Pa.R.C.P. No. 1910.16-6.

(2) In calculating the obligor’s presumptive basic support obligation, the trier-of-fact shall ensure that the obligor retains at least $1,063 per month consistent with Pa.R.C.P. No. 1910.16-2(e). 

 

Example 1. Assume that the obligor is paying $553 per month support for one child of the first marriage, plus an additional $200 per month for child care expenses. The obligor requests a reduction in this support obligation on the basis that there is one new child of the second intact marriage. The relevant incomes are $2,400 for the obligor and $0 for the former and current spouses. The obligor’s request for a reduction shall be denied because the total of the basic support obligations for both children is only $1,106 ($553 for each child) and does not exceed 50% of the obligor’s monthly net income. A reduction shall not be given on the basis that the obligor’s contribution to child care expenses for the first child results in an total basic support child obligation of $1,306, which exceeds 50% of the obligor’s monthly net income. The presumptive basic child support obligations for the two children still total $1,106 ($553 for each child). The trier-of-fact shall consider the deviation factors under Pa.R.C.P. No. 1910.16-5 and the parties’ respective contributions to additional expenses under Pa.R.C.P. No. 1910.16-6 in arriving at an appropriate total child support obligation for each child. 

 

Example 2. Assume that the obligor is paying $346 per month support for one child of the first marriage. The obligor has one new child of the second intact marriage. The relevant incomes are $1,500 for the obligor and $0 for the former and current spouses. A reduction shall not be given on the basis of the obligor’s new child because the presumptive basic child support obligations total $692 ($346 for each child) and this amount does not exceed 50% of the obligor’s monthly net income. Since, however, this amount leaves the obligor with only $808 per month, the trier-of-fact shall proportionally reduce the basic child support obligations so that the obligor retains $1,063 per month. The presumptive basic child support obligations total $437 ($218.50 for each child). The trier-of-fact shall consider the deviation factors under Pa.R.C.P. No. 1910.16-5 and the parties’ respective contributions to additional expenses under Pa.R.C.P. No. 1910.16-6 in arriving at an appropriate total child support obligation for each child. 

 

Adopted Dec. 8, 1998, effective April 1, 1999. Amended Oct. 30, 2001, imd. effective; Oct. 31, 2002, imd. effective; Sept. 27, 2005, effective in 4 months [Jan. 27, 2006]; Aug. 13, 2008, effective Oct. 12, 2008; Jan. 12, 2010, effective May 12, 2010; April 9, 2013, effective Aug. 9, 2013; Sept. 25, 2014, effective Oct. 25, 2014; Feb. 10, 2017, effective May 1, 2017; Feb. 9, 2018, effective April 1, 2018; Aug. 17, 2021, effective Jan. 1, 2022. 

EXPLANATORY COMMENT--2005

 

Rule 1910.16-7 has been amended to reflect the updated schedule at Rule 1910.16-3 and the increase in the Self-Support Reserve (“SSR”), formerly the CAM, to $748 per month. This rule sets forth the calculation of child support obligations in the context of multiple families. Awards of spousal support in this context are addressed in Rule 1910.16-2(c)(2). 

 

In determining whether the total support obligations exceed 50% of the obligor’s net income to warrant a proportionate reduction of the child support orders, subdivision (c) clarifies that the total consists only of the basic amounts of child support, as derived from the income shares formula in Rule 1910.16-4, and does not include additional expenses that may be added to these basic amounts under Rule 1910.16-6. As the first example illustrates, no reduction should be given if the basic support obligations do not exceed 50% of the obligor’s net monthly income even though his or her contribution to additional expenses may result in an overall obligation exceeding this percentage of income. As the second example illustrates, however, in low income cases it may be necessary to adjust the child support obligations proportionally even though they do not exceed 50% of the obligor’s net income. This is consistent with the goals of the SSR to ensure that the obligor retains sufficient income to maintain the incentive to work so that he or she can support all of the children. 

 

Subdivision (c) also emphasizes that the initial amounts which are calculated for purposes of determining whether a proportional reduction is warranted are only presumptive amounts of child support. They are subject to upward or downward adjustment under Rules 1910.16-5 and 1910.16-6 relating to deviation and additional child-related expenses which are typically added to the basic obligation. This is intended only to emphasize that the establishment of appropriate support obligations for children of different families involves the same considerations as the establishment of a support obligation for a child or children of a single family. 

 

EXPLANATORY COMMENT--2010

 

Rule 1910.16-7 has been amended to reflect the updated schedule in Rule 1910.16-3 and the increase in the Self-Support Reserve to $867 per month, the 2008 federal poverty level for one person. The distribution priorities formerly in subdivision (d) have been moved to Rule 1910.17(d) to clarify that these priorities apply to all support orders, not just those involving multiple families. 

EXPLANATORY COMMENT--2013

 

Rule 1910.16-7 has been amended to reflect the updated schedule in Rule 1910.16-3 and the increase in the Self-Support Reserve to $931 per month, the 2012 federal poverty level for one person. 

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 CUSTODY AND VISITATION

Rule 1915.4-2. Partial Custody. Office Conference. Hearing. Record. Exceptions. Order.

 (a)  Office Conference.

   (1)  The office conference shall be conducted by a conference officer.

   (2)  If the respondent fails to appear at the conference before the conference officer as directed by the court, the conference may proceed without the respondent.

   (3)  The conference officer may make a recommendation to the parties relating to partial custody or supervised physical custody of the child or children. If an agreement for partial custody or supervised physical custody is reached at the conference, the conference officer shall prepare a written order in conformity with the agreement for signature by the parties and submission to the court together with the officer’s recommendation for approval or disapproval. The court may enter an order in accordance with the agreement without hearing the parties.

   (4)  At the conclusion of the conference, if an agreement relating to partial custody or supervised physical custody has not been reached, the parties shall be given notice of the date, time and place of a hearing before a hearing officer, which may be the same day, but in no event shall be more than forty-five days from the date of the conference.

 (b)  Hearing.

   (1)  The hearing shall be conducted by a hearing officer who must be a lawyer, and a record shall be made of the testimony. A hearing officer who is a lawyer employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, or judge of the same judicial district.

   (2)  The hearing officer shall receive evidence and hear argument. The hearing officer may recommend to the court that the parties and/or the subject child or children submit to examination and evaluation by experts pursuant to Rule 1915.8.

   (3)  Within ten days of the conclusion of the hearing, the hearing officer shall file with the court and serve upon all parties a report containing a recommendation with respect to the entry of an order of partial custody or supervised physical custody. The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order, including a specific schedule for partial custody or supervised physical custody.

   (4)  Within twenty days after the date the hearing officer’s report is mailed or received by the parties, whichever occurs first, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final order, leave is granted to file exceptions raising those matters. If exceptions are filed, any other party may file exceptions within twenty days of the date of service of the original exceptions.

   (5)  If no exceptions are filed within the twenty-day period, the court shall review the report and, if approved, enter a final order.

   (6)  If exceptions are filed, the court shall hear argument on the exceptions within forty-five days of the date the last party files exceptions, and enter an appropriate final order within fifteen days of argument. No motion for Post-Trial Relief may be filed to the final order.

Explanatory Comment—2006

   The time for filing exceptions has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the entry of the order, to assure commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

Source

   The provisions of this Rule 1915.4-2 adopted July 15, 1994, effective January 1, 1995, 24 Pa.B. 3803; amended November 30, 2000, effective March 1, 2001, 30 Pa.B. 6423; amended August 8, 2006, effective immediately, 36 Pa.B. 4709; amended October 30, 2007, effective immediately, 37 Pa.B. 5974; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended March 4, 2015, effective in 30 days on April 3, 2015, 45 Pa.B. 1354; amended October 19, 2021, effective January 1, 2022.

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Rule 1915.4-3. Non-Record Proceedings. Trials.

 (a)  Non-Record Proceedings. In judicial districts utilizing an initial non-record proceeding, i.e., office conference, if an agreement is not finalized by the conclusion of the proceeding, the conference officer shall promptly notify the court that the matter should be listed for trial. A lawyer employed by, or under contract with, a judicial district or appointed by the court to serve as a conference officer to preside over a non-record proceeding shall not practice family law before a conference officer, hearing officer, or judge of the same judicial district.

 (b) Trial. The trial before the court shall be de novo. The court shall hear the case and render a decision within the time periods set forth in Pa.R.C.P. No. 1915.4.

Explanatory Comment—2018

   The amendment to this rule, in conjunction with the amendment to Pa.R.C.P. No. 1915.1, standardizes terminology used in the custody process and identifies court personnel by title and in some cases qualifications. Of note, the term ‘‘mediator,’’ which had been included in the rule, has been omitted and is specifically defined in Pa.R.C.P. No. 1915.1.

   As in the support rules, custody conference officers preside over conferences and hearing officers preside over hearings. Regardless of the individual’s title, presiding over a conference or a hearing triggers the family law attorney practice preclusion in this rule and in Pa.R.C.P. No. 1915.4-2(b) in the case of a hearing officer. Mediators, as defined in Pa.R.C.P. No. 1915.1 and as qualified in Pa.R.C.P. No. 1940.4, do not preside over custody conferences or hearings; rather, mediators engage custody litigants in alternative dispute resolution methods pursuant to Chapter 1940 of the Rules of Civil Procedure and, as such, the preclusion from practicing family law in the same judicial district in which an attorney/mediator is appointed is inapplicable.

Source

   The provisions of this Rule 1915.4-3 amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702; amended March 4, 2015, effective in 30 days on April 3, 2015, 45 Pa.B. 1354; amended February 8, 2018, effective April 1, 2018, 48 Pa.B. 1095; amended October 19, 2021, effective January 1, 2022.

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DIVORCE AND ANNULMENT

Rule 1920.1 Definitions. Conformity to Civil Action.

   (a)  As used in this chapter: action, an action of divorce or an action for annulment of marriage, which may include the ancillary claims that may be joined with the action of divorce or for annulment under the Divorce Code, except as otherwise provided in these rules;

   “custody,” includes partial custody;

   “divorce,” divorce from the bonds of matrimony or dissolution of a civil union;

  “hearing officer,” shall have the same meaning as "master" as that term is used in the Divorce Code, 23 Pa.C.S. §§3101 et seq.          

“marital property rights” means those rights created solely by Section 3501 of the Divorce Code; and

   “nonmarital property rights” means all property rights other than marital property rights.

   (b)  Except as otherwise provided in this chapter, the procedure in the action shall be in accordance with the rules relating to a civil action.

Note: See Section 3104 of the Divorce Code for the ancillary claims that may be joined in a divorce action, except as otherwise provided  in these rules.

See Pa.R.C.P. No. 1920.31(a)(2) as to raising claims for child support, spousal support, and alimony pendente lite.

The definition of divorce has been expanded to include civil unions. See Neyman v. Buckley, 153 A.3d 1010 (Pa. Super. 2016).

 

Adopted June 27, 1980, effective July 1, 1980. Amended December 16, 1983, effective
July 1, 1984; March 30, 1994, effective July 1, 1994; July 30, 2018, effective January 1, 2019; October 19, 2021, effective January 1, 2022.

----------------------------

Rule 1920.31. Joinder of Related Claims. Ancillary Claims. Alimony. Counsel Fees.
Costs and Expenses.

   (a) Ancillary Claims.

            (1)  If a party has raised a claim for alimony, counsel fees, or costs and expenses, the parties shall file a true copy of the most recent federal income tax return, pay stubs for the preceding six months, a completed Income Statement in the form required by Pa.R.C.P. No. 1910.27(c)(1), and a completed Expense Statement in the form required by Pa.R.C.P. No. 1910.27(c)(2)(B).

            (i) A party may not file a motion for the appointment of a hearing officer or a request for court action regarding alimony, counsel fees, or costs and expenses until at least 30 days following the filing of that party’s tax returns, Income Statement, and Expense Statement.

            (ii) The other party shall file the tax returns, Income Statement, and Expense Statement within 20 days of service of the moving party’s documents.

Note: See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

      (2)  A divorce complaint shall not include claims for child support, spousal support, and alimony pendente lite. Instead, claims for child support, spousal support, and alimony pendente lite shall be raised in the domestic relations section by filing a complaint pursuant to Pa.R.C.P.  No. 1910.4.

      (3)  If a party fails to file the documents as required by subdivision (a)(1), the court on motion may make an appropriate order under Pa.R.C.P.  No. 4019 governing sanctions.

(b) Alimony.

(1)  Orders for alimony may be enforced as provided by the rules governing actions for support and divorce, and in the Divorce Code.

Note: See, inter alia, Section 3323(b) of the Divorce Code relating to enforcement of the rights of any party under a decree, Section 3505(a) of the Divorce Code relating to an injunction against disposition of property pending suit, and Section 3703 of the Divorce Code relating to the collection of arrearages.

      (2)  When so ordered by the court, payments for alimony shall be made to the domestic relations section of the court that issued the order.

   (c)  The failure to claim spousal support, alimony, alimony pendente lite, counsel fees, and costs and expenses prior to the entry of a final decree of divorce or annulment shall be deemed a waiver of those claims, unless the court expressly provides otherwise in its decree. The failure to claim child support before the entry of a final decree of divorce or annulment shall not bar a separate and subsequent action.

   (d)  Upon entry of a decree in divorce, an existing order for spousal support shall be deemed an order for alimony pendente lite if any economic claims remain pending.

    Adopted June 27, 1980, effective July 1, 1980. Amended January 28, 1983, effective July 1, 1983; May 17, 1991, effective July 1, 1991; March 30, 1994, effective July 1, 1994; December 2, 1994, effective March 1, 1995; April 21, 1995, effective July 1, 1995; August 17, 1995, immediately effective; May 31, 2000, effective July 1, 2000; November 8, 2006, effective February 6, 2007; October 30, 2007, immediately effective; May 6, 2015, effective July 1, 2015; January 5, 2018, effective January 6, 2018; July 30, 2018, effective January 1, 2019; October 19, 2021, effective January 1, 2022.

Explanatory Comment—2018

As amended, Pa.R.C.P. No. 1920.31 precludes parties from raising claims for child support, spousal support, and alimony pendente lite as counts in a divorce action. Instead, parties shall file those claims in the domestic relations section as a separate action from the divorce. The amendment of this rule is not intended to affect the legal distinction between spousal support and alimony pendente lite.

Annotation

            In Joseph v. Joseph, the Superior Court, in a Non-Precedential Memorandum Decision, reiterated that a party’s right to seek equitable distribution terminates upon the trial court’s entry of a Decree of Divorce pursuant to 23 Pa.C.S. § 3503. Regarding husband’s claim for alimony, the court referred to Pa.R.Civ.P. 1920.31 which states, in relevant part: “(c) the failure to claim…alimony, alimony pendente lite,…prior to the entry of a final decree of divorce or annulment shall be deemed a waiver of those claims unless the court expressly provides otherwise in its decree. …” Here, husband did not file a complaint with a claim for alimony. In addition, the trial court did not preserve any economic claims in the Decree of Divorce. Therefore, the court held that husband waived his claim for alimony. The court held, therefore, that husband’s Petition Raising Claims did not set forth a cognizable cause of action, and the trial court did not err in sustaining wife’s Preliminary Objections. Joseph v. Joseph, Memorandum Decision, No. 1803 WDA 2018 (Pa. Super. July 25, 2019).

 

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Rule 1920.33. Joinder of Related Claims. Equitable Division. Enforcement.

   (a)  If a pleading or petition raises a claim for equitable division of marital property under Section 3502 of the Divorce Code, the parties shall file and serve on the other party an inventory, which shall include the information in subdivisions (a)(3)(i)-(iii) and shall be substantially in the form set forth in Pa.R.C.P. No. 1920.75.

• Within 20 days of service of the moving party’s inventory, the non-moving party shall file an inventory.
• A party may not file a motion for the appointment of a hearing officer or a request for court action regarding equitable division until at least 30 days following the filing of that party’s inventory.

Note: See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

      (3) The inventory shall set forth as of the date of separation:

  (i)  a specific description of the marital assets which either or both parties have a legal or equitable interest, individually or jointly with another person, the name of the co-owners, if applicable, and the marital liabilities, which either party incurred individually or jointly with another person, and the name of any co-debtors, if applicable;

 (ii)  a specific description of the assets or liabilities claimed to be non-marital and the basis for such claim; and

 (iii)  the estimated value of the marital and non-marital assets and the amount due for each marital and non-marital liability.

Note: Subdivision (c) provides for sanctions for failure to file an inventory as required by subdivision (a). An inventory may be incomplete if a party lacks comprehensive knowledge of the assets and liabilities involved in the claim for equitable division. Consequently, the rule does not contemplate that a party will be precluded from presenting testimony or offering evidence as to assets or liabilities omitted from the inventory. The omission may be remedied by inclusion of the omitted information in the pre-trial statement required by subdivision (b).

   (b)  Within the time required by order of court or written directive of the hearing officer or, if none, at least 60 days before the scheduled hearing on the claim for equitable division, the parties shall file and serve upon the other party a pre-trial statement. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court:

(1)  a list of assets, which may be in chart form, specifying:

(i)  the marital assets:

a.  the value;

b.  the date of the valuation;

c.  the value of any non-marital portion;

d.  the facts and documentation upon which the party relies to support the valuation; and

e.  any liens or encumbrances associated with the asset.

(ii)  The non-marital assets:

a.  the value;

b.  the date of the valuation;

c.  the facts and documentation upon which the party relies to support the valuation; and

d.  any liens or encumbrances associated with the asset.

(2)  the name and address of the expert witness(es) the party intends to call at trial. A report of each expert witness listed shall be attached to the pre-trial statement. The report shall describe the expert’s qualifications and experience, state the substance of the facts and opinions to which the expert is expected to testify and summarize the grounds for each opinion;

(3)  the name, address, and a short summary of the testimony of the witnesses, other than the party, whom the party intends to call at trial;

(4)  a list of exhibits that the party expects to offer into evidence. Exhibits not exceeding three pages shall be attached to the pre-trial statement and shall have an identifying exhibit number affixed to or incorporated into the document, and exhibits exceeding three pages shall be described specifically and shall have an exhibit number in the description;

(5)  the party’s gross income from all sources, payroll deductions, net income, and the party’s most recent state and federal income tax returns and pay stubs;

(6)  if the party intends to offer testimony as to his or her expenses, an Expense Statement in the form required by Pa.R.C.P. No. 1910.27(c)(2)(B);

(7)  if there is a claim for counsel fees, the amount of fees to be charged, the basis for the charge, and a detailed itemization of the services rendered;

(8)  the description and value of disputed tangible personal property, specifically the personalty contemplated by item number 25 of the form in Pa.R.C.P. No. 1920.75, the method of valuing each item, and the evidence, including documentation, to be offered in support of the valuation;

(9)  a list of liabilities, which may be in chart form, specifying:

(i)  The marital liabilities:

a.  amount of liability;

b.  date of the valuation;

c.  amount of any non-marital portion;

d.  the facts and documentation upon which the party relies to support the valuation; and

e.  amount, if any, of payments made on the liabilities after the date of separation.

(ii)  The non-marital liabilities:

a.  amount of the liability;

b.  date of the valuation; and

c.  the facts and documentation upon which the party relies to support the valuation.

(10)  a proposed resolution of the economic issues raised in the pleadings.

Note: See Pa.R.C.P. No. 1930.1(b). This rule may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.

   (c) If a party fails to file either an inventory, as required by subdivision (a), or a pre-trial statement as required by subdivision (b), the court may make an appropriate order under Pa.R.C.P. No. 4019(c) governing sanctions.

   (d) (1) A party who fails to comply with a requirement of subdivision (b) may be barred from offering testimony or introducing evidence in support of or in opposition to claims for the matters omitted.

(2) A party may be barred from offering testimony or introducing evidence that is inconsistent with or goes beyond the fair scope of the information set forth in the pre-trial statement.

   (e) An order entered by the court pursuant to Section 3502 of the Divorce Code may be enforced as provided by the rules governing actions for support and divorce and in the Divorce Code.

    Adopted May 17, 1991, effective July 1, 1991. Amended Nov. 8, 2006, effective Feb. 6, 2007; May 6, 2015, effective July 1, 2015; June 10, 2016, effective Oct. 1, 2016; Jan. 5, 2018, effective Jan. 6, 2018; June 1, 2018, effective July 1, 2018; October 19, 2021, effective January 1, 2022.

Explanatory Comment—1994

23 Pa.C.S. § 3105(a) states that an agreement is enforceable by any means available pursuant to the Divorce Code for enforcement of an order, as though the agreement were an order of court, except as otherwise provided in the agreement. Thus, although Rule 1920.33 refers only to enforcement of orders, it also applies to enforcement of agreements.

Annotations

———————

———————

            The court agreed with the trial court’s conclusion that “wife, who filed the exceptions, was, therefore, charged with adhering to the Pennsylvania Rules of Civil Procedure, namely Pa.R.Civ.P. 1920.33, requiring the parties to file an inventory of the parties’ assets and liabilities prior to the Equitable Distribution Exceptions de novo hearing. Plain and simple, counsel for wife did not comply with this rule.” Alford v. Hamburg, Memorandum Decision, No. 2826 EDA 2018 (Pa. Super. March 21, 2019).

 

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Rule 1920.42. Obtaining Divorce Decrees under Section 3301(c) or Section 3301(d) of the Divorce Code. Affidavits and Counter-Affidavits. Requirements of the Affidavit of Consent. Ancillary Claims. Orders Approving Grounds for Divorce. Notice of Intention to File the Praecipe to Transmit Record. Praecipe to Transmit Record.
  
(a)  Obtaining a divorce decree under Section 3301(c)(1) of the Divorce Code.

(1)  If a party has filed a complaint requesting a divorce on the ground of irretrievable breakdown, the court shall enter a decree in divorce after:

(i)  proof of service of the complaint has been filed;

(ii)  the parties have signed Affidavits of Consent 90 days or more after service of the complaint and have filed the affidavits within 30 days of signing, which may only be withdrawn by an order of court;

(iii)  the ancillary claims under Pa.R.C.P. Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the claims, have been resolved by agreement of the parties or order of court, have not been raised in the pleadings, or in the case of a bifurcated divorce, the court has retained jurisdiction of the ancillary claims;

(iv)  the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record or, alternatively, the party requesting the divorce decree has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a blank Counter-Affidavit under Section 3301(c)(1) and a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record; and

(v)  the party requesting the divorce decree has completed and filed a Praecipe to Transmit Record. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record.

Note: See Pa.R.C.P. No. 1920.72(b) for the Affidavit of Consent. See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.72(e)(1) for the Counter-Affidavit under Section 3301(c)(1) of the Divorce Code.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

(2)  To the extent that grounds for divorce have been established under Section 3301(c)(1) of the Divorce Code as outlined in subdivision (a)(1)(ii) and the parties have been unable to resolve the ancillary claims, the court shall enter an order approving grounds for divorce after:

(i)  the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record or, alternatively, the party requesting the order approving grounds has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a blank Counter-Affidavit under Section 3301(c)(1) and a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record; and

(ii)  the party requesting the order approving grounds has completed and filed a Praecipe to Transmit Record requesting the court enter an order approving grounds for divorce. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record. If the court enters an order approving grounds for divorce, entry of the divorce decree shall be deferred until the ancillary claims have been resolved.

Note: See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

(3)  After the court enters an order approving grounds for divorce, a party may request, consistent with the judicial district’s local rules and procedures, that the court either hears the ancillary claims or appoints a hearing officer to hear the ancillary claims as outlined in Pa.R.C.P. No. 1920.51.

Note: See Pa.R.C.P. No. 1920.74 for the Motion for Appointment of Hearing Officer.

(4)  If the parties resolve the ancillary claims by agreement after the court approves the grounds for the divorce but before the court enters an order disposing of the ancillary claims, the parties shall file a Praecipe to Transmit Record requesting the court enter the appropriate divorce decree. To the extent the agreement does not address all of the parties’ claims raised in the pleadings, the party raising the outstanding claims shall withdraw the claims before the court enters a divorce decree.

   (b)  Obtaining a divorce decree under Section 3301(c)(2) of the Divorce Code.

(1)  If a party has filed a complaint requesting a divorce on the ground of irretrievable breakdown and a party has been convicted of a personal injury crime against his or her spouse, the court shall enter a decree in divorce after:

(i)  proof of service of the complaint has been filed;

(ii)  the party who is the victim of the personal injury crime:

)A)  has signed and filed an Affidavit of Consent consistent with subdivision (a)(1)(ii); and

(B)  has signed and filed an Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code alleging his or her status as a victim of a personal injury crime and that his or her spouse has been convicted of that crime;

(iii)  the filed affidavits and a blank Counter-Affidavit under Section 3301(c)(2) of the Divorce Code have been served on the other party consistent with Pa.R.C.P. No. 1930.4, and the other party has admitted or failed to deny the averments in the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code;

(A)  If a party files a Counter-Affidavit under Section 3301(c)(2) of the Divorce Code denying an averment in the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code, either party may present a motion requesting the court resolve the issue.

(B)  After presentation of the motion in subdivision (A), the court may hear the testimony or, consistent with Pa.R.C.P. No. 1920.51(a)(1)(ii)(D), appoint a hearing officer to hear the testimony and to issue a report and recommendation.

Note: This subdivision requires service of the counter-affidavit on the non-moving party consistent with original process since the averments in the moving party’s Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code are deemed admitted unless denied. See Pa.R.C.P. No. 1930.4 for service of original process and Pa.R.C.P. No. 1920.14(b) regarding failure to deny averments in the affidavit.

(iv)  the ancillary claims under Pa.R.C.P. Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the claims, have been resolved by agreement of the parties or order of court, have not been raised in the pleadings, or in the case of a bifurcated divorce, the court has retained jurisdiction of the ancillary claims;

(v)  a minimum of 20 days from the date of service of the affidavits and blank Counter-Affidavit under Section 3301(c)(2) as set forth in

(vi)  the party requesting the divorce decree has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record, except that service of such Notice of Intention is not required if:

(A)  the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record; or

(B)  the court finds that an attorney has not entered an appearance on the defendant’s behalf and that the defendant cannot be located after a diligent search; and

(vii)  the party requesting the divorce decree has completed and filed a Praecipe to Transmit Record. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record.

Note: See Pa.R.C.P. No. 1920.72(b) for the Affidavit of Consent. See Pa.R.C.P. No. 1920.72(c) for the Affidavit to Establish Presumption of Consent under Section 3301(c)(2) of the Divorce Code.

See Pa.R.C.P. No. 1920.72(e)(2) for the Counter-Affidavit under Section 3301(c)(2) of the Divorce Code.

See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

(2)  To the extent that grounds for divorce have been established
under Section 3301(c)(2) of the Divorce Code as outlined in subdivision (b)(1)(ii)--(iii) and the parties have been unable to resolve the ancillary claims, the court shall enter an order approving grounds for divorce after:

(i)  a minimum of 20 days from the date of service of the affidavits and blank Counter-Affidavit under Section 3301(c)(2) of the Divorce Code as set forth in (b)(1)(iii), the party requesting the order approving grounds has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record, except that service of such Notice of Intention is not required if:

(A)  the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record; or

(B)  the court finds that an attorney has not entered an appearance on the defendant’s behalf and that the defendant cannot be located after a diligent search; and

(ii)  the party requesting the order approving grounds has completed and filed a Praecipe to Transmit Record requesting the court enter an order approving grounds for divorce. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record. If the court enters an order approving grounds for divorce, entry of the divorce decree shall be deferred until the ancillary claims have been resolved.

Note: See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

(3)  After the court enters an order approving grounds for divorce, a party may request, consistent with the judicial district’s local rules and procedures, that the court either hears the ancillary claims or appoints a hearing officer to hear the ancillary claims as outlined in Pa.R.C.P. No. 1920.51.

Note: See Pa. R.C.P. No. 1920.74 for the Motion for Appointment of Hearing Officer.

(4)  If the parties resolve the ancillary claims by agreement after the court approves the grounds for the divorce but before the court enters an order disposing of the ancillary claims, the parties shall file a Praecipe to Transmit Record requesting the court enter the appropriate divorce decree. To the extent the agreement does not address all of the parties’ claims raised in the pleadings, the party raising the outstanding claims shall withdraw the claims before the court enters a divorce decree.

   (c)  Obtaining a divorce decree under Section 3301(d) of the Divorce Code.

(1)  If a party has filed a complaint requesting a divorce on the ground of irretrievable breakdown and the requisite separation period has elapsed, the court shall enter a decree in divorce after:

(i)  proof of service of the complaint has been filed;

(ii)  a party has signed and filed an Affidavit under Section 3301(d) of the Divorce Code averring that the marriage is irretrievably broken and that the parties have been separate and apart for the required separation period;

(iii)  the filed affidavit and a blank Counter-Affidavit under Section 3301(d) of the Divorce Code have been served on the other party consistent with Pa.R.C.P. No. 1930.4, and the other party has admitted or failed to deny the averments in the Affidavit under Section 3301(d) of the Divorce Code;

(A)  If a party files a Counter-Affidavit under Section 3301(d) of the Divorce Code denying an averment in the Affidavit under Section 3301(d) of the Divorce Code, including the date of separation, either party may present a motion requesting the court resolve the issue.

(B)  After presentation of the motion in subdivision (A), the court may hear the testimony or, consistent with Pa.R.C.P. No. 1920.51(a)(1)(ii)(D), appoint a hearing officer to hear the testimony and to issue a report and recommendation.

Note: This subdivision requires service of the counter-affidavit on the nonmoving party consistent with original process since the averments in the moving party’s Affidavit under § 3301(d) of the Divorce Code are deemed admitted unless denied. See Pa.R.C.P. No. 1930.4 for service of original process and Pa.R.C.P. No. 1920.14(b) regarding failure to deny averments in the affidavit.

(iv)  the ancillary claims under Pa.R.C.P. Nos. 1920.31 and 1920.33 have been withdrawn by the party raising the claims, have been resolved by agreement of the parties or order of court, have not been raised in the pleadings, or in the case of a bifurcated divorce, the court has retained jurisdiction of the ancillary claims;

(v)  a minimum of 20 days from the date of service of the affidavit and blank Counter-Affidavit under Section 3301(d) of the Divorce Code as set forth in (c)(1)(iii), the party requesting the divorce decree has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record, except that service of such Notice of Intention is not required if:

(A)  the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record; or

(B)  the court finds that an attorney has not entered an appearance on the defendant’s behalf and that the defendant cannot be located after a diligent search; and

(vi)  the party requesting the divorce decree has completed and filed a Praecipe to Transmit Record. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record.

Note: See Pa.R.C.P. No. 1920.72(d) for the Affidavit under Section 3301(d) of the Divorce Code.

See Pa.R.C.P. No. 1920.72(e)(3) for the Counter-Affidavit under Section 3301(d) of the Divorce Code.

See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

(2)  To the extent that grounds for divorce have been established under Section 3301(d) of the Divorce Code as outlined in subdivision (c)(1)(ii)--(iii) and the parties have been unable to resolve the ancillary claims, the court shall enter an order approving grounds for divorce after:

(i)  a minimum of 20 days from the date of service of the affidavit and blank Counter-Affidavit under Section 3301(d) of the Divorce Code as set forth in (c)(1)(iii), the party requesting the order approving grounds has served on the other party a Notice of Intention to File the Praecipe to Transmit Record, which included a copy of the proposed Praecipe to Transmit Record that indicated the date and manner of service of the Notice of Intention to File the Praecipe to Transmit Record, except that service of such Notice of Intention is not required if:

(A)  the parties have signed and filed Waivers of Notice of Intention to File the Praecipe to Transmit Record; or

(B)  the court finds that an attorney has not entered an appearance on the defendant’s behalf and that the defendant cannot be located after a diligent search; and

(ii)  the party requesting the order approving grounds has completed and filed a Praecipe to Transmit Record requesting the court enter an order approving grounds for divorce. If the parties have not waived the Notice of Intention to File the Praecipe to Transmit Record, the moving party shall wait a minimum of 20 days after service of the Notice of Intention to File the Praecipe to Transmit Record before filing the Praecipe to Transmit Record. If the court enters an order approving grounds for divorce, entry of the divorce decree shall be deferred until the ancillary claims have been resolved.

Note: See Pa.R.C.P. No. 1920.73(a) for the Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(b) for the Waiver of Notice of Intention to File the Praecipe to Transmit Record.

See Pa.R.C.P. No. 1920.73(c) for the Praecipe to Transmit Record.

(3)  After the court enters an order approving grounds for divorce, a party may request, consistent with the judicial district’s local rules and procedures, that the court either hears the ancillary claims or appoints a hearing officer to hear the ancillary claims as outlined in Pa.R.C.P. No. 1920.51.

Note: See Pa.R.C.P. No. 1920.74 for the Motion for Appointment of Hearing Officer.

(4)  If the parties resolve the ancillary claims by agreement after the court approves the grounds for the divorce but before the court enters an order disposing of the ancillary claims, the parties shall file a Praecipe to Transmit Record requesting the court enter the appropriate divorce decree. To the extent the agreement does not address all of the parties’ claims raised in the pleadings, the party raising the outstanding claims shall withdraw the claims before the court enters a divorce decree.

    Adopted Nov. 7, 1988, effective Jan. 1, 1989. Amended May 17, 1991, effective July 1, 1991; Sept. 11, 1995, effective Jan. 1, 1996; April 10, 1997, effective July 1, 1997; March 2, 2000, imd. effective; May 6, 2015, effective July 1, 2015; June 3 2019, effective Oct. 1, 2019; October 19, 2021, effective January 1, 2022.

Explanatory Comment—1994

   Rule 1920.42 was revised in 1988 to add new subdivision (c) which imposes a requirement that the plaintiff notify the defendant or defendant›s attorney, if represented, of the intention to request entry of a divorce decree in an action under Section 3301(d)(1)(i) of the Divorce Code. In such an action the defendant has not actively participated in the proceedings and may be unaware that the court is about to enter a decree which will cut off certain economic rights unless a claim is promptly asserted. The requirement of notice is not extended to actions in which the defendant has actively participated by filing an affidavit of consent under Section 3301(c) of the Divorce Code or by contesting the plaintiff’s affidavit under Section 3301(d)(1)(ii).

   In addition, subparagraph (2) of subsection (c) requires that an unrepresented defendant also be served with a form counteraffidavit contained in Rule 1920.72(d). The defendant can use this form to deny the allegations contained in the plaintiff’s affidavit or to claim economic relief.

Explanatory Comment—1995

   The rule is amended to require the same notice prior to entry of the decree in a § 3301(c) divorce as was previously required in a proceeding under § 3301(d). This notice is already required by local rule in many counties, and is adopted in a general rule to further standardize practice.

   The requirement in new subdivision (c) that a party obtain leave of court before withdrawing an affidavit of consent is included to ensure orderly process, including notice to the other party and the court. The committee notes that the law is unsettled as to whether a court has the authority to refuse leave to withdraw an affidavit of consent.

Explanatory Comment—2019

   On April 21, 2016, Act 24 of 2016 (Act of Apr. 21, 2016, P.L. 166, No. 24) amended the Divorce Code by adding 23 Pa.C.S. § 3301(c)(2). Section 3301(c)(2) creates a presumption of consent to a divorce if a party is the victim of a personal injury crime committed by his or her spouse, as outlined in 23 Pa.C.S. § 3103. The Act amended other correlative statutes in the Divorce Code, as well. To effectively incorporate procedures for the newly enacted Section 3301(c)(2) into the Rules of Civil Procedure, Pa.R.C.P. No. 1920.42 was rescinded and replaced.

   In implementing Section 3301(c)(2), the rule utilizes an affidavit/counter-affidavit procedure similar to a Section 3301(d) divorce, which served as a template for the new procedure. The process for establishing the presumption of consent in Section 3301(c)(2) requires the party to aver in an affidavit that he or she had been the victim of a personal injury crime and that his or her spouse had been convicted of that personal injury crime. In response, the allegedly convicted spouse may oppose the establishment of the presumption by completing and filing a counter-affidavit. If the allegedly convicted spouse opposes the establishment of the presumption, the court may either schedule a hearing on the establishment of the presumption or appoint a master to do so. As part of the revised divorce procedures, amended Pa.R.C.P. No. 1920.51(a)(1) permits the appointment of a master for a determination of the presumption under Section 3301(c)(2). To effectuate the new procedures for Section 3301(c)(2) divorces, several additional forms, including an Affidavit to Establish Presumption of Consent and a Counter-Affidavit under Section 3301(c)(2), have been added to the rules. See Pa.R.C.P. No. 1920.72(c) and (e)(2).

   In addition to the changes to the rule related to 23 Pa.C.S. § 3301(c)(2), the rule has been further revised to provide a uniform practice across the Commonwealth for establishing a definitive point when the parties can move the court for resolution of any ancillary claims. As the court cannot resolve the ancillary claims until grounds for divorce have been established, Pa.R.C.P. No. 1920.42 includes procedures for obtaining approval of grounds for divorce in cases in which the parties have unresolved ancillary claims. This process requires that the parties obtain a court order approving grounds for divorce before seeking the appointment of a divorce master or requesting the court hear the ancillary claims raised in the pleadings. Forms have been correlatively amended or retitled to reflect this new procedure. The Waiver of Notice of Intention has been moved from Pa.R.C.P. No. 1920.72 to Pa.R.C.P. No. 1920.73.

   As a result of these changes, Pa.R.C.P. No. 1920.42 specifically outlines the process for obtaining a decree for Section 3301(c)(1), Section 3301(c)(2), and Section 3301(d) divorces. Although the rule’s length has expanded extensively, the detailed procedure alleviates confusion on when and how to obtain a divorce decree and further assists unrepresented parties to maneuver through a complicated procedure.

Annotation

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Rule 1920.45  Counseling.

   (a)  If the Divorce Code provides for counseling, the parties shall be notified of the availability of counseling as prescribed in Pa.R.C.P. Nos. 1920.12(a)(8) and 1920.71.

Note: See Section 3302 of the Divorce Code for the divorce actions in which the parties may request counseling, but note the counseling exceptions in Section 3302(g).

   (b)  The court shall maintain in the prothonotary’s office a list of qualified professionals that provide counseling services, which shall be available to the parties upon request. Note: Section 3103 of the Divorce Code defines the term “qualified professionals.”

   (c)  If the ground for divorce is under:

(1)  Section 3301(c) of the Divorce Code and the court orders counseling as requested by a party, the parties must complete counseling within 90 days of the divorce complaint’s filing; or

(2)  Section 3301(d) of the Divorce Code and a court orders counseling, the parties must complete counseling within 120 days, unless the parties agree to a longer period.

Note: See Section 3301(d)(2) of the Divorce Code providing for a period “not less than 90 days nor more than 120 days…”

   (d)  If the court has referred a divorce action to a hearing officer and a party requests counseling pursuant to the Divorce Code, without leave of court, the hearing officer may require counseling and continue the hearing pending the counselor’s report.

    Adopted June 27, 1980, effective July 1, 1980. Amended Jan. 28, 1983, effective July 1, 1983 and applied to pending actions; March 30, 1994, effective July 1, 1994; June 3, 2019, effective Oct. 1, 2019; October 19, 2021, effective January 1, 2022.

Explanatory Note—1983

   Subdivision (a) as originally promulgated provided for the court to notify the parties of the availability of counseling. However, the rule did not specify the method of notification and diverse local practices developed.

   Subdivision (a) as revised specifies that parties shall be notified of the availability of counseling as provided by Rules 1920.12(a)(8) and 1920.71. The plaintiff acknowledges notification of the availability of counseling by an allegation in the complaint. See Rule 1920.12(a)(8), supra. The defendant is notified of the availability of counseling by a paragraph in the notice to defend and claim rights provided by Rule 1920.71, infra.

   The revision to subdivision (b) provides for the court to maintain and make available to all parties a list of marriage counselors. The list is to be maintained in the prothonotary›s office rather than the office of the domestic relations section.

_______________

Rule 1920.46 Affidavit of Non-Military Service.

   If the defendant fails to appear in the action, the plaintiff shall file an affidavit regarding military service with the motion for appointment of a hearing officer, prior to a trial by the court, or with the plaintiff’s affidavit required by Pa.R.C.P. No. 1920.42(b)(1)(ii) and (c)(1)(ii).

Note: The Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901-4043, requires that in cases in which the defendant does not make an appearance, the plaintiff must file an affidavit of nonmilitary service before the court may enter judgment. If the defendant is in the military service and an attorney has not entered an appearance on behalf of the defendant, a judgment shall not be entered until the court appoints an attorney to represent the defendant and protect his or her interest.

Actions for divorce under Section 3301(c)(2) and (d)(1)(i) of the Divorce Code are governed by Pa.R.C.P. No. 1920.42(b) and (c), respectively.

Amended October 19, 2021, effective January 1, 2022.

Explanatory Comment—2003

   35 P.S. § 450.602 previously required a certificate of each divorce or annulment decreed in the Commonwealth to be transmitted to the Vital Statistics Division of the Commonwealth of Pennsylvania Department of Health. The statute was amended October 30, 2001, P.L. 826, No. 82, § 1, effective in 60 days, to require that the prothonotary submit a monthly statistical summary of divorces and annulments, rather than individual forms for each decree. Thus, subdivision (a) of Rule 1920.46, requiring the filing of the vital statistics form, is no longer necessary. Former subdivision (b) now comprises the entirety of the rule and the title has been amended to reflect that the rule applies only to the affidavit regarding military service.

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Rule 1920.51. Hearing by the Court. Appointment of Hearing Officer.  Notice of Hearing.

   (a)  In an action of divorce or annulment:

(1)  the court may:

(i)  hear the testimony; or

(ii)  upon motion of a party or of the court, appoint a hearing officer:

(A)  before entry of the divorce decree to hear the testimony for the ancillary claims of alimony, equitable division of marital property, partial physical custody, supervised physical custody, counsel fees, and costs and expenses, which are raised in the pleadings, and to issue a report and recommendation, provided that grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code have been established and approved by the court as outlined in Pa.R.C.P. No. 1920.42;

(B)  before approving grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code for the limited purpose of assisting the parties and the court on issues of discovery or settlement;

(C)  to hear the testimony for establishing grounds for divorce under Sections 3301(a) or 3301(b) of the Divorce Code or annulment and the ancillary claims, which are raised in the pleadings, and to issue a report and recommendation; or

(D)  after a party files a counter-affidavit denying the averments in the affidavit in an action under Section 3301(c)(2) or 3301(d) of the Divorce Code, including the date of separation, to hear the testimony and to issue a report and recommendation.

(2)  the court shall not appoint a hearing officer:

(i)  to approve grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code; or

Note: See Pa.R.C.P. No. 1920.42 for approving grounds for divorce under Sections 3301(c) and 3301(d) of the Divorce Code.

(ii)  for the claims of legal custody, sole physical custody, primary physical custody, shared physical custody, or paternity.

Note: Section 3321 of the Divorce Code prohibits the appointment of a hearing officer as to the claims of custody and paternity. However, as set forth in Pa.R.C.P. No. 1920.91(3), the Supreme Court of Pennsylvania suspended Section 3321 insofar as that section prohibits the appointment of a hearing officer in partial physical custody cases.

(3)  The Motion for the Appointment of a Hearing Officer and the order shall be substantially in the form prescribed by Pa.R.C.P. No. 1920.74. The order appointing the hearing officee shall specify the issues or ancillary claims that are referred to the hearing officer.

(4)  A permanent or standing hearing officer employed by or under contract with a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, permanent or standing hearing officer, or judge of the same judicial district.

Note: Conference officers preside at office conferences under Pa.R.C.P. No. 1910.11. Hearing officers preside at hearings under Pa.R.C.P. No. 1910.12. The appointment of hearing officer to hear actions in divorce or annulment is authorized by Section 3321 of the Divorce Code.

   (b)  Written notice of the hearing shall be given to each attorney of record by the hearing officer. If a hearing officer has not been appointed, the prothonotary, clerk or other officer designated by the court shall give the notice.

   (c)  If no attorney has appeared of record for a party, notice of the hearing shall be given to the party by the hearing officer, or if a hearing officer has not been appointed, by the prothonotary, clerk or other officer designated by the court, as follows:

(1)  to the plaintiff, by ordinary mail to the address on the complaint;

(2)  to the defendant,

(i)  if service of the complaint was made other than pursuant to special order of court, by ordinary mail to the defendant›s last known address; or

(ii)  if service of the complaint was made pursuant to special order of court, (a) by sending a copy of the notice by ordinary mail to the persons, if any, named in the investigation affidavit, likely to know the present whereabouts of the defendant; and (b) by sending a copy by registered mail to the defendant›s last known address.

Note: Under Rule 76, registered mail includes certified mail.

   (d)  Advertising of notice of the hearing shall not be required.

   (e)  Proof of notice shall be filed of record.

Note: Consistent with Section 3301(e) of the Divorce Code as amended, these rules contemplate that if a divorce decree may be entered under the no fault provisions of §§ 3301(c) or (d), a divorce decree will be entered on these grounds and no hearing shall be required on any other grounds.

    Adopted June 27, 1980, effective July 1, 1980. Amended January 28, 1983, effective July 1, 1983; September 29, 1989, effective October 15, 1989; May 17, 1991, effective July 1, 1991; March 30, 1994, effective July 1, 1994; July 15, 1994, effective January 1, 1995; September 11, 1995, effective January 1, 1996; July 8, 2010, effective September 6, 2010; March 4, 2015, effective April 3, 2015; July 30, 2018, effective January 1, 2019; June 3, 2019, effective Oct. 1, 2019; October 19, 2021, effective January 1, 2022.

Explanatory Comment—1994

   While subdivision (a)(2)(ii) clearly prohibits appointment of a master to determine a divorce claim brought under §§ 3301(c) or 3301(d), the provision does permit a master to hear claims which are joined with the divorce action. The rule is amended to conform with proposed new Rules 1915.4-1 and 1915.4-2, and to remove the implied prohibition against the use of hearing officers in partial custody or visitation cases.

Explanatory Comment—2010

   The rule is amended to clarify the role of the master in a divorce case when either party has asserted grounds for divorce pursuant to § 3301(c) or § 3301(d) of the Divorce Code. The rule had been interpreted in some jurisdictions as requiring the entry of a bifurcated decree before a master could be appointed to hear economic claims.

Explanatory Comment—2019

               Subdivision (a)(1)(ii)(A) provides for the appointment of a master to hear, inter alia, partial physical custody cases. The authority for a master to hear partial physical custody cases is 23 Pa.C.S. § 3321, which the Supreme Court of Pennsylvania suspended in part to allow masters to hear partial physical custody cases. However, this rule should not be construed to require a court to appoint masters in partial physical custody or supervised physical custody cases. Nor should the rule be construed as inconsistent with Pa.R.C.P. Nos. 1915.4-1, 1915.4-2, or 1915.4-3 that provide for conference officers and hearing officers in custody cases.

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Rule 1920.53  Hearing by Hearing Officer. Report

   In an action for divorce or annulment that has been referred to a hearing officer, the hearing officer’s report and recommendation shall include findings of fact, conclusions of law, and a recommended disposition of the case or issue.

   (a)  The findings of fact shall include, as appropriate for the circumstances and issues before the hearing officer:

(1)  the method and date of service of process;

(2)  the manner and date of service of the notice of the hearing officer’s hearing or the hearing officer’s efforts to notify the parties;

(3)  the date and place of marriage;

(4)  information relating to any prior marriage of the parties and proof of dissolution of such prior marriage;

(5)  the residences of the parties at the time of the marriage and subsequent thereto, the actual length of time the parties have resided in the Commonwealth, and whether the residence requirement of Section 3104(b) of the Divorce Code has been met;

(6)  the age and occupation of the parties;

(7)  the initials and age of the children of the parties, if any, and with whom the children reside;

(8)  the grounds upon which the action is based;

(9)  defenses to the action, if any;

(10)  whether the court should grant or deny the divorce , annulment, or other relief on the basis of the complaint, the counterclaim, if filed, or a motion requesting relief; and

(11)  other relevant facts related to the appointment.

   (b)  The conclusions of law shall include a discussion of the law as it relates to the facts, as well as the legal conclusions reached by the hearing officer.

   (c)  If a divorce or an annulment is recommended, the hearing officer shall attach a proposed decree to the report and recommendation.

    Former rule rescinded and new rule adopted Sept. 11, 1995, effective Jan. 1, 1996; amended June 3, 2019, effective Oct. 1, 2019; amended October 19, 2021, effective January 1, 2022.

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Rule 1920.54. Hearing by Hearing Officer Report. Related Claims.

   (a)  If claims for counsel fees and costs and expenses have been referred to a hearing officer pursuant to Pa.R.C.P. No. 1920.51(a), the hearing officer’s report shall contain a separate section captioned “Counsel Fees and Costs and Expenses.” The report may be in a narrative form stating the reasons for the recommendation and shall include a proposed order stating:

(1)  the amount;

(2)  by and for whom it shall be paid; and

(3)  the effective date of the order.

   (b)  If a claim for alimony has been referred to a hearing officer, the report shall contain a separate action captioned “Alimony.” The report shall conform to the requirements of subdivision (a) and, in addition, shall set forth:

(1)  the findings required by Section 3701(a) of the Divorce Code,

(2)  the relevant factors considered under Section 3701(b) of the Divorce Code,

(3)  the nature, amount, duration and manner of payment of alimony, if any, and

(4)  the reason or reasons for the recommended denial or award of alimony.

   (c)  If a claim for the determination and distribution of existing property rights and interests between the parties has been referred to a hearing officer, the report shall contain a separate section captioned “Division of Property.” The section shall be divided into two parts:

(1)  one captioned “Marital Property,” listing all property to be designated as such and including a proposed equitable distribution thereof with a discussion of the relevant factors considered under Section 3502(a) of the Divorce Code; and

(2)  one captioned “Nonmarital Property,” listing all property to be designated as such.

    Adopted June 27, 1980, effective July 1, 1980. Amended March 30, 1994, effective July 1, 1994; November 8, 2006, effective February 6, 2007; May 6, 2015, effective July 1, 2015; July 30, 2018, effective January 1, 2019; October 19, 2021, effective January 1, 2022.

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Rule 1920.55-1. Alternative Hearing Procedures for Matters Referred to a Hearing Officer.

   (a)  Matters referred to a hearing officer for hearing shall proceed as prescribed by Pa.R.C.P. No. 1920.55–2 unless the court by local rule adopts the alternative procedure of Pa.R.C.P. No. 1920.55–3.

   (b)  The president judge or the administrative judge of Family Division of each county shall certify that all divorce proceedings which are referred to a hearing officer in that county are conducted in accordance with either Pa.R.C.P. No. 1920.55–2 or Pa.R.C.P. No. 1920.55–3. The certification shall be filed with the Domestic Relations Procedural Rules Committee and shall be substantially in the following form:

   I hereby certify that ________________________________ County conducts its divorce proceedings that are referred to a hearing officer in accordance with Pa.R.C.P. No.____________.

______________________________________________________________________________

(PRESIDENT JUDGE)         (ADMINISTRATIVE JUDGE)

Note: For a complete list of the Alternative Hearing Procedures for each county:
http://www.pacourts.us/courts/supreme–court/committees/rules–committees/domestic–
relations–procedural–rules–committee.

Explanatory Comment

   The 1995 amendments created alternative procedures for appeal from the recommendation of a master in divorce. Pa.R.C.P. No. 1920.55–1 states that, if the court chooses to appoint a master, the exceptions procedure set forth in proposed Pa.R.C.P. No. 1920.55–2 will be used unless the court has, by local rule, adopted the alternative procedure of proposed Pa.R.C.P. No. 1920.55–3.

In lieu of continuing the practice of including in the Note a 67–county list identifying the hearing procedure selected by the local county court, the list can now be found on the Domestic Relations Procedural Rules Committee website.

The provisions of rule 1920.55-1 adopted September 11, 1995, effective January 1, 1996; amended March 16, 2011, effective immediately; amended October 14, 2016, effective December 2016; amended October 19, 2021, effective January 1, 2022.

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Rule 1920.55-2. Hearing Officer’s Report. Notice. Exceptions. Final Decree.

   (a)  After conclusion of the hearing, the hearing officer shall:

(1)  file the record and the report within;

(i)  twenty days in uncontested actions; or

(ii)  thirty days from the last to occur of the receipt of the transcript by the hearing officer or close of the record in contested actions; and

(2)  immediately serve upon counsel for each party, or, if unrepresented, upon the party, a copy of the report and recommendation and written notice of the right to file exceptions.

   (b)  Within 20 days of the date of receipt or the date of mailing of the hearing officer’s report and recommendation, whichever occurs first, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final decree, leave is granted to file exceptions raising those matters.

   (c)  If exceptions are filed, any other party may file exceptions within 20 days of the date of service of the original exceptions. The court shall hear argument on the exceptions and enter a final decree.

   (d)  If no exceptions are filed, the court shall review the report and, if approved, shall enter a final decree.

   (e)  No Motion for Post-Trial Relief may be filed to the final decree.

    Adopted Sept. 11, 1995, effective Jan. 1, 1996. Amended Aug. 8, 2006, imd. effective; May 6, 2015, effective July 1, 2015; October 19, 2021, effective January 1, 2020.

Explanatory Comment—1995

   The proposed amendments create alternative procedures for appeal from the recommendation of a master in divorce. Rule 1920.55-1 states that, if the court chooses to appoint a master, the exceptions procedure set forth in proposed Rule 1920.55-2 will be used unless the court has, by local rule, adopted the alternative procedure of proposed Rule 1920.55-3.

 

Explanatory Comment—2006

   The time for filing exceptions has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the report and recommendation, to assure Commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

________________________

 

Rule 1920.55–3. Hearing Officer’s Report. Notice. Hearing De Novo. Final Decree.

 

   (a)  No record shall be made of the hearing in proceedings held pursuant to this rule.

   (b)  After the conclusion of hearing, the hearing officer shall:

   (1)  file the report within;

(i)  twenty days in uncontested actions; or

(ii)  thirty days in contested actions; and

   (2)  immediately serve upon counsel for each party, or, if unrepresented, upon the party, a copy of the report and recommendation, and written notice of the right to demand a hearing de novo.

   (c)  Within 20 days of the date the hearing officer’s report is mailed or received, whichever occurs first, any party may file a written demand for a hearing de novo. If a demand is filed, the court shall hold a hearing de novo and enter a final decree.

   (d)  If no demand for de novo hearing is filed within the 20-day period, the court shall review the report and recommendation and, if approved, shall enter a final decree.

   (e)  No Motion for Post-Trial Relief may be filed to the final decree.

    Adopted Sept. 11, 1995, effective Jan. 1, 1996; August 8, 2006, eff. imd.; October 19, 2021, effective January 1, 2022.

Explanatory Comment—2006

   The time for filing exceptions has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the report and recommendation, to assure commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

Explanatory Comment—1995

The amendments create alternative procedures for appeal from the recommendation of a master in divorce. Rule 1920.55-1 states that, if the court chooses to appoint a master, the exceptions procedure set forth in Rule 1920.55-2 will be used unless the court has, by local rule, adopted the alternative procedure of Rule 1920.55-3.

 

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Rule 1920.61  Testimony Outside the County

   On motion of a party and upon such terms as it may order, the court may authorize and direct the hearing officer to take testimony of witnesses within any other county of the Commonwealth or in any other state or territory subject to the jurisdiction of the United States, or in any foreign country.

 

Adopted June 27, 1980, effective July 1, 1980; amended October 19, 2021, effective January 1, 2022.

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Rule 1920.74. Form of Motion for Appointment of Hearing Officer. Order.

 

(a)  The motion for appointment of a hearing officer shall be substantially in the following form:

(Caption)

MOTION FOR APPOINTMENT OF Hearing Officer

   ____________(Plaintiff) (Defendant), moves the court to appoint a hearing officer with respect to the following claims:

(  )  Divorce                         (  )  Counsel Fees

(  )  Annulment                   (  )  Cost and Expenses

(  )  Alimony                        (  )  Other: _______________

(  )  Equitable Division of Marital Property

and in support of the motion states:

   (1)  Discovery (is) (is not) complete as to the claim(s) for which the appointment of a hearing officer is requested.

   (2)  The non-moving party (has) (has not) appeared in the action (personally) (by his or her attorney, ____________ , Esquire).

   (3)  The statutory ground(s) for divorce (is) (are) ____________ .

   (4)  If the hearing officer’s appointment is for resolution of a divorce, an annulment, or ancillary claims, the parties have complied with Pa.R.C.P. Nos. 1920.31, 1920.33, and 1920.46, as applicable.

   (5)  Check and complete the applicable paragraph(s):

   u  (a)  The action is not contested.

   u  (b)  An agreement has been reached with respect to the following claims: ____________

   u  (c)  The action is contested with respect to the following claims: ________________________________________________________________________________.

   (6)  The action (involves) (does not involve) complex issues of law or fact.

   (7)  The hearing is expected to take ____________ (hours) (days).

   (8)  Additional information, if any, relevant to the motion: _______________

______________________________________________________________________________

Date: ____________ ________________________________________

Attorney for (Plaintiff)

(Defendant)

   (b)  The order appointing a hearing officer shall be substantially in the following form:

(Caption)

ORDER APPOINTING Hearing Officer

   AND NOW, ____________, 20____________, ____________, Esquire, is appointed hearing officer with respect to the following claims: ____________.

BY THE COURT:

________________________________________

MOVING PARTY                                                    NON-MOVING PARTY

Name:                                                  Name:

____________________________________ ________________________________________

Attorneys Name:                                             Attorneys Name:

____________________________________ ________________________________________

Attorneys Address:                                             Attorneys Address:

____________________________________ ________________________________________

____________________________________ ________________________________________

Attorneys Telephone #:                                             Attorneys Telephone #:

____________________________________ ________________________________________

Attorneys E-Mail:                                             Attorneys E-Mail:

____________________________________ ________________________________________

Party’s Address and Telephone #                                                 Party’s Address and Telephone #

if not represented by counsel:      if not represented by counsel:

____________________________________ ________________________________________

____________________________________ ________________________________________

Note: See Pa.R.C.P. No. 1920.51(a)(1)(ii) for the issues and claims for which the court may appoint a hearing officer. It is within the discretion of the court to determine the point at which a hearing officer should be appointed in a case.

    Adopted January 28, 1983, effective July 1, 1983 and applied to pending actions; amended October 31, 2002, effective immediately; July 30, 2018, effective January 1, 2019; June 3, 2019, effective Oct. 1, 2019; October 19, 2021, effective January 1, 2022.

 

Explanatory Comment—1983

 

See Explanatory Comment following Rule 1920.73.

 

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Rule 1920.91  Suspension of Acts of Assembly

   The following Acts of Assembly are suspended insofar as they apply to the practice and procedure in actions for divorce or annulment of marriage to the extent hereinafter set forth:

   (1)  Section 3104(e) of the Domestic Relations Code, 23 Pa.C.S. § 3104(e), absolutely;

Official Note: Suspended Section 3104(e) of the Divorce Code prescribes venue in actions of divorce or for annulment of marriage. Venue in such actions is prescribed by Rule of Civil Procedure 1920.2.

   (2)  Section 3505(b) of the Domestic Relations Code, 23 Pa.C.S. § 3505(b), absolutely;

Note: Suspended Section 3505(b) of the Divorce Code requires the submission to the court of an inventory and appraisement of property. Rule of Civil Procedure 1920.33(a) supplants this provision by requiring parties seeking the distribution of property to file an inventory while subdivision (b) of the rule requires the filing of a pre-trial statement.

   (3)  Section 3321 of the Domestic Relations Code, 23 Pa.C.S. § 3321, insofar as it prohibits the appointment of hearing officers in partial custody or visitation matters.

Official Note: Suspended Section 3321 of the Divorce Code states that the court may appoint a hearing officer to hear testimony on all issues relating to a divorce except custody or paternity.

   (4)  And all other Acts or parts of Acts of Assembly inconsistent with these rules to the extent of such inconsistency.

    Adopted June 27, 1980, effective July 1, 1980. Amended Feb. 7, 1989, effective July 1, 1989; May 17, 1991, effective July 1, 1991; July 15, 1994, effective Jan. 1, 1995; May 5, 1997, effective July 1, 1997; October 19, 2021, effective January 1, 2022.

Explanatory Comment—1989

   Rule 1920.91 is amended to suspend two provisions of the Act of February 12, 1988, No. 13, which amended the Divorce Code. The suspended provisions provided for venue and discovery in actions for divorce or annulment. Venue in actions of divorce or for annulment of marriage is prescribed by Rule 1920.2, while discovery in these actions is prescribed by Rule 1920.22.

               [See Explanatory Comment—1991 following Rule 1920.31]

 

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RULES RELATED TO DOMESTIC RELATIONS MATTERS GENERALLY

Rule 1930.7.  Status Conference

   At any time in the proceedings, the court, the court’s designee or the hearing officer, sua sponte or upon application of any party, may hold a status conference, in person or by any other means permitted by these rules, with the parties' counsel, the parties and counsel, or self-represented parties in order to review the case status and expedite the litigation.

    Adopted August 18, 2006, effective immediately; amended October 19, 2021, effective January 1, 2022.

 

___________________

 

Rule 1931.  Family Court Rules.

   (a)  Actions Governed by These Rules.

(1)  Divorce, Annulment, Dissolution of Marriage.

(i)  Equitable Distribution.

(ii)  Alimony/Alimony Pendente Lite.

(iii)  Counsel Fees, Costs and Expenses.

(2)  Child Custody.

(i)  Legal Custody.

(ii)  Physical Custody.

(iii)  Partial Custody/Visitation.

(3)  Support.

(i)  Child Support.

(ii)  Spousal Support.

(iii)  Modification and Enforcement.

(4)  Paternity.

(5)  Protection From Abuse.

   (b)  Commencement of Action.

   (1)  Unified Family Court Docketing. All actions under these Family Court Rules which involve identical parties shall be entered on the court’s docket under the same primary case number. Additional letters or numbers may be added parenthetically to specify the type of action, judge assigned or other identifying information.

   (2)  Custody Agreements. If, at a support proceeding, it appears that resolution of custody issues will facilitate compliance with the child support order, the conference officer or hearing officer may provide the parties with a form custody complaint and form custody agreement, along with information as to where to file the completed documents, the filing fee and how to contact the lawyers referral service. The support conference officer or hearing officer shall not participate in custody negotiations, preparation of the forms, or provide legal advice.

   (c)  Consolidation of Family Court Matters.

   (1)  General Rule. Two or more actions under these Family Court Rules involving the same parties and common questions of law and/or fact shall be consolidated for hearing or trial unless the court determines that it is inappropriate or impractical to do so.

   (2)  Trial Continuity. Trials before a judge or hearings before a hearing officer shall be scheduled to be heard on consecutive days or within a ten-day period. If not completed within the time allotted, the trial or hearing shall be concluded within 90 days of the date of the commencement of the trial or hearing, unless a shorter time frame is required by statute or another procedural rule.

   (3)  Prompt Decisions.

   (i)  Except as provided in subdivision (c)(3)(ii), in any matter brought under these Family Court Rules, a decision by a conference officer, hearing officer, or judge shall be entered, filed and served upon counsel for the parties, or any party not represented by counsel, not later than 30 days after the conference, hearing or trial concludes, unless a shorter time frame is required by statute or another procedural rule.

   (ii)  The time for entering and filing a decision may be extended if, within 30 days of the conclusion of the conference, hearing or trial, the court extends the date for such decision by order entered of record showing good cause for the extension. In no event shall an extension delay entry of the decision more than 60 days after the conclusion of the conference, hearing or trial.

   (d)  Continuing Education for Family Court Personnel.

   (1)  Program Development. Courses of instruction that include, at a minimum, the following topics shall be developed or approved by the Administrative Office of Pennsylvania Courts (AOPC):

   (i)  The substantive law and procedural aspects of the areas of law governed by these Family Court Rules;

   (ii)  Domestic violence;

   (iii)  Child development;

   (iv)  Family dynamics;

   (v)  Addictions and treatments;

   (vi)  Asset valuation;

   (vii)  Community resources.

   (2)  Initial Training. Within one year of assignment to cases governed by these Family Court Rules, each hearing officer, conciliator, mediator, and other court personnel designated by the president or administrative judge of each judicial district shall successfully complete the coursework developed or approved by the AOPC.

   (3)  Continuing Education. Each hearing officer, conciliator, mediator and other court personnel designated by the president or administrative judge who is assigned to cases governed by these Family Court Rules shall successfully complete six hours of continuing education developed or approved by the AOPC each calendar year following the calendar year in which the initial training was completed.

   (4)  Compliance. The AOPC shall monitor compliance with the educational requirements of this rule.

Explanatory Comment 2002

   This new rule is suspended in all judicial districts except the First (Philadelphia), Fifth (Allegheny County), Twenty-third (Berks County) and Forty-fifth (Lackawanna County) Judicial Districts until further order of the Supreme Court of Pennsylvania.

 

               (December 17, 2002, effective immediately in the First, Fifth, Twenty-Third and Forty-Fifth Judicia him l Districts); amended October 19, 2021, effective January 1, 2022.

 

FOLLOWING IS ERRATA