CHAPTER 1910. ACTIONS FOR SUPPORT

 (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.

   Official 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statutes: 23 Pa.C.S.A. §  4321 and Section 3 of the Support Law of June 24, 1937, P. L. 2045, 62 P. S. §  1973 (repealed) now Act 43-2005, July 7, 2005, P. L. 196.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.

   Official 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. §  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.

   Official 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.

   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 rules 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).

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

   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.

   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.

 (a)  An action may be brought in

   (1)  the county in which the defendant resides, or

   (2)  the county in which the defendant is regularly employed, or

   (3)  the county in which the plaintiff resides and that county is the county in which the last marital domicile was located and in which the plaintiff has continued to reside.

   (4)  the county in which the child resides if the relief sought includes child support.

   Official Note

   If an action for support is brought in the county in which the plaintiff resides but that county is not the county in which the last family domicile was located and in which the plaintiff has continued to reside, the action shall proceed in accordance with the Revised Uniform Reciprocal Enforcement of Support Act (1968), 23 Pa.C.S. §  4501 et seq. if the defendant is outside the Commonwealth, or in accordance with 23 Pa.C.S. §  4533 which provides for intrastate application of RURESA if the defendant is within the Commonwealth, and not in accordance with these Rules.

 (b) Where jurisdiction is acquired over the defendant pursuant to the long arm statute, 23 Pa.C.S. §  4342(c), the action may be brought in the county where the plaintiff resides.

   Official Note

   23 Pa.C.S. §  7201 sets forth the specific bases for long arm jurisdiction over a non-resident defendant.

 (c)  If, at the time of the filing of the action, there is a divorce or custody action pending between the parties in an appropriate court in another county, the court upon good cause shown may transfer the support action to that county.

 (d)  For the convenience of the parties and witnesses the court may transfer an action to the appropriate court of any other county where the action could have been brought at the time of transfer.

   Official Note

   The standards for transfer of an action for the convenience of parties and witnesses are the same as the standards under Rule 1006(d).

 (e)  A support order may be enforced in accordance with the Uniform Interstate Family Support Act, 23 Pa.C.S. §  7101 et seq., if the defendant resides outside the Commonwealth, or in accordance with the Intrastate Family Support Act, 23 Pa.C.S. §  8101 et seq., if the defendant resides in another county within the Commonwealth.

 (a)  The court in the county in which the complaint for support is filed shall retain and process the case for so long as all of the following conditions are met:

   (1)  there is proper venue pursuant to Rule 1910.2;

   (2)  the defendant-obligor’s mailing address is known;

   (3)  sufficient information is known about the defendant-obligor’s employment to enable the court to issue an earnings subpoena; and

   (4)  the obligee consents.

   Official Note

   A support action should be maintained in the county in which the obligee and/or the child(ren) reside and should not involve a second county unless the county of residence is unable to obtain service on the defendant-obligor or obtain information regarding the defendant-obligor’s employment. However, the obligee is permitted to request that the case proceed under the Intrastate Family Support Act (IFSA) in accordance with 23 Pa.C.S. §  8103.

   If the venue requirements are met, the court in the obligee’s county of residence should attempt to retain the case if there already is an order in that county against the same defendant-obligor in this or another child/spousal support case or if the defendant-obligor is incarcerated.

 (b)  If courts in two or more counties must be involved in the establishment and enforcement of an obligation for support:

   (1)  the case must proceed pursuant to the Intrastate Family Support Act; and

   (2)  venue shall follow the defendant-obligor in order to maintain the availability of statutory enforcement remedies.

 (c)  A support order shall not be registered in another county unless:

   (1)  requested by the obligee, or

   (2)  necessary to maintain an order for support, to obtain payment of the support obligation or to consolidate multiple cases involving the same defendant-obligor.

 (d)  Only one support order shall be charging against a defendant-obligor for the same spouse and/or child(ren) at one time.

 An action shall be brought

   (a)  by a person, including a minor parent or a minor spouse, to whom a duty of support is owing, or

   (b)  on behalf of a minor child by a person having custody of the child, without appointment as guardian ad litem, or

   (c)  on behalf of a minor child by a person caring for the child regardless of whether a court order has been issued granting that person custody of the child, or

   (d)  by a public body or private agency having an interest in the case, maintenance or assistance of a person to whom a duty of support is owing, or

   (e)  by a parent, guardian or public or private agency on behalf of an unemancipated child over eighteen years of age to whom a duty of support is owing.

 (a)  An action shall be commenced by filing a complaint with the domestic relations section of the court of common pleas.

   Official Note

   For the form of the complaint, see Rule 1910.27(a).

   Section 961 of the Judicial Code, 42 Pa.C.S. §  961, provides that each court of common pleas shall have a domestic relations section.

 (b) No filing fee shall be required in advance.

 (a)  The complaint shall be substantially in the form provided by Rule 1910.27(a).

 (b)  The complaint shall not contain a notice to defend or be endorsed with a notice to plead.

   Official Note

   Neither Rule 1018.1 nor Rule 1361 applies to a complaint in an action for support.

 (c) An order shall be attached at the front of the complaint directing the defendant to appear before an officer for a conference at the time and place directed by the court. The order shall be substantially in the form provided by Rule 1910.27(b).

   Official Note

   For service of original process in support matters, see Rule 1930.4.

 Parties to a support action and their attorneys shall be provided notice of all proceedings in which support obligations might be established or modified. Notice must be provided at least 20 days prior to the proceeding. The parties and their attorneys shall also be provided with a copy of any order issued in the support action within 14 days after issuance of the order. If there is no activity in a support action for a period of three years, the domestic relations section shall send a notice to each of the parties’ attorneys advising each attorney that his or her appearance in the support action shall be deemed to be withdrawn unless the attorney objects within thirty (30) days of the date the notice is mailed to the attorney. An attorney representing a party in a support action shall not be deemed to be representing that party in any other action, nor shall a withdrawal of appearance in a support action be deemed to be a withdrawal of appearance for the party in any other proceeding.

 (a)  No pleading by the defendant shall be required, but if defendant elects to file a pleading, the domestic relations office conference required by the order of court shall not be delayed.

   Official Note

   The provisions in this Rule now appear in Rule 1910.2(a) through (f).

 (a) Except as provided in Rule 1910.11(j) and Rule 1910.12(c), there shall be no discovery in an action for support unless authorized by special order of court.

   Official Note

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

 (b)  Where a party is employed, the court shall ascertain the party’s earnings and may enter an order directing the employer to furnish earnings information to the court as provided by Rule 1910.28.

 (a)  The action shall proceed as prescribed by Rule 1910.11 unless the court by local rule adopts the alternative hearing procedure of Rule 1910.12.

 (b)  The president judge or the administrative judge of Family Division of each county shall certify that all support proceedings in that county are conducted in accordance with either Rule 1910.11 or Rule 1910.12. The certification shall be filed with the Domestic Relations Procedural Rules Committee, and shall be substantially in the following form:
 I hereby certify that

   Official Note

    Pursuant to Rule 1910.10, the following counties have certified to the Domestic Relations Procedural Rules Committee that their support proceedings are conducted in accordance with the rule specified below.

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

  (2) A conference officer who is a lawyer employed by a judicial district shall not practice family law before a conference officer, permanent hearing officer or permanent or standing master employed by the same judicial district.

   Official Note

   Conference officers preside at office conferences under Rule 1910.11. Hearing officers preside at hearings under Rule 1910.12. The appointment of masters to hear actions in divorce or for annulment of marriage is authorized by Rule 1920.51.

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

 (c)  At the conference, the parties shall furnish to the officer true copies of their most recent federal income tax returns, their pay stubs for the preceding six months, verification of child care expenses and proof of medical coverage which they may have or have available to them. In addition, they shall provide copies of their Income and Expense Statements in the forms required by Rule 1910.27(c), completed as set forth below.

   (1)  For cases which can be determined according to the guideline formula, the Income Statement must be completed and the Expense Statement at Rule 1910.27(c)(2)(A) should be completed if a party is claiming unusual needs and unusual fixed expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks apportionment of expenses pursuant to Rule 1910.16-6. In a support case that can be decided according to the guidelines, even if the support claim is raised in a divorce complaint, no expense form is needed unless a party claims unusual needs or unusual fixed expenses or seeks apportionment of expenses pursuant to Rule 1910.16-6. However, in the divorce action, the Expense Statement at Rule 1910.27(c)(2)(B) may be required.

   (2)  For cases which are decided according to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), the Income Statement and the Expense Statement at Rule 1910.27(c)(2)(B) must be completed.

 (d)  The conference officer may make a recommendation to the parties of an amount of support which is calculated in accordance with the guidelines. If an agreement for support is reached at the conference, the officer shall prepare a written order substantially in the form set forth in Rule 1910.27(e) and 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 the order in accordance with the agreement without hearing the parties.

 (e)  At the conclusion of the conference or promptly thereafter, 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.

   Official 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.

   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.

   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.

   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).

 (a)  There shall be an office conference as provided by Rule 1910.11(a) through (d).

 (b)(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 Rule 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 the defendant, having been properly served, fails to attend the conference, the court shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e). Within twenty 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)  A hearing officer employed by a judicial district shall not practice family law before a conference officer, hearing officer or permanent or standing master employed by the same judicial district.

   Official Note

   Conference officers preside at office conferences under Rule 1910.11. Hearing officers preside at hearings under Rule 1910.12. The appointment of masters to hear actions in divorce or for annulment of marriage is authorized by Rule 1920.51.

 (c)(1)  Except as provided in subdivision (c)(2), promptly after conclusion of the conference, a party may move the court for a separate listing of the hearing 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)  Where the conference and hearing are scheduled on the same day, all requests for separate listing must 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 Rule 4001 et seq.

   Official Note

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

 (d)  The hearing officer shall receive evidence, hear argument and 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.

 A copy of the report shall be furnished to all parties at the conclusion of the hearing.

 (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.

   Official 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.

   Language is added to subdivision (b) to acknowledge that the conference and hearing can be held on 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.

   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.

 (a)  If a party fails to appear at a conference and/or hearing as directed by order of court, the court may issue a bench warrant for the arrest of the party if it finds

   (1)  following a hearing on the record that the party had actual notice that the party was ordered to attend the conference and/or hearing, or

   (2)  upon the affidavit of a hearing officer or conference officer that

     (i)   the order of court scheduling the conference and/or hearing was served by ordinary mail with the return address of the domestic relations section appearing thereon, that the mail was not returned to the domestic relations section within fifteen days after mailing, and that, at a date after the order of court was mailed, the United States Postal Service has verified that mail for the party was being delivered at the address to which the court order was mailed; or

     (ii)   the party signed a receipt indicating acceptance of a copy of the court order; or

     (iii)   an employee of the court handed a copy of the order to the party; or

     (iv)   a competent adult handed a copy of the court order to the party, and filed an affidavit of service.

   Official Note

   See Rule 76 for the definition of ‘‘competent adult.’’

 (b)  The request for a bench warrant shall be made by the domestic relations office within sixty days following the party’s failure to appear. The request shall be in the form provided by Rule 1910.13-2(b), and shall include the hearing officer or conference officer’s certification that the party has not appeared for any domestic relations matter involving the same parties since the date the party failed to appear.

 (c)  Upon appearance in court by a party on the matter underlying the bench warrant, the bench warrant shall be vacated forthwith and the notice shall be given to all computer networks into which the bench warrant has been entered.

 (d)  When a bench warrant is executed, the case is to proceed in accordance with the following procedures.

   (1)  When an individual is arrested pursuant to a bench warrant, he or she shall be taken without unnecessary delay for a hearing on the bench warrant. The hearing shall be conducted by the judicial officer who issued the bench warrant, or, another judicial officer designated by the president judge or by the president judge’s designee to conduct bench warrant hearings. As used in this rule, ‘‘judicial officer’’ is limited to the common pleas court judge who issued the bench warrant, or common pleas court judge designated by the president judge or by the president judge’s designee to conduct bench warrant hearings.

   (2)  In the discretion of the judicial officer, the bench warrant hearing may be conducted using two-way simultaneous audio-visual communication.

   (3)  When the individual is arrested in the county of issuance, and the bench warrant hearing cannot be conducted promptly after the arrest, the individual shall be lodged in the county jail pending the hearing. The authority in charge of the county jail promptly shall notify the sheriff’s office and the director of the domestic relations section that the individual is being held pursuant to the bench warrant.

   (4)  When the individual is arrested outside the county of issuance, the authority in charge of the county jail in the arresting county promptly shall notify the proper authorities in the county of issuance that the individual is being held pursuant to the bench warrant.

   (5)  The bench warrant hearing shall be conducted without unnecessary delay after the individual is lodged in the jail of the county of issuance of that bench warrant. The individual shall not be detained without a hearing on the bench warrant longer than 72 hours, or the close of the next business day if the 72 hours expires on a non-business day.

   (6)  At the conclusion of the bench warrant hearing following the disposition of the matter, the judicial officer immediately shall vacate the bench warrant.

   (7)  If a bench warrant hearing is not held within the time limits in paragraph (d)(5), the bench warrant shall expire by operation of law.

   In 1988, Section 4342 of the Domestic Relations Code, 23 Pa.C.S. §  4342, was amended to require establishment of procedures for expedited contempt in support. Those procedures are set forth in new Rules 1910.13-1, 1910.13-2, and 1910.21-1 through 1910.21-7.

   Former Rule 1910.13 provided for the issuance of a bench warrant for failure of a person to obey a court order other than an order for support. It is replaced with new Rule 1910.13-1 which sets forth detailed procedures for the issuance of a bench warrant, and new Rule 1910.13-2 which provides the associated forms. The new rules apply only to a party who fails to appear at a support conference or hearing as directed by an order of court.

   An individual arrested pursuant to a bench warrant can be incarcerated for a period not to exceed seventy-two hours prior to hearing as set forth in new Rule 1910.13-1(d). Under the old rules, if the court was unavailable at the time of arrest, the individual could not be held. Therefore, law enforcement officials were unable to execute bench warrants in the evenings or on weekends, when their efforts were most likely to be successful. By limiting the possible period of incarceration to seventy-two hours, new Rule 1910.13-1(d) balances the need to bring parties before the court with the desire to avoid lengthy pre-hearing detention. Bail can be set by the court where appropriate, providing additional protection for the respondent.

   The rules of civil procedure governing service of original process and other legal papers have used the term ‘‘competent adult.’’ In certain circumstances, the term has been used with the restrictive language ‘‘who is not a party to the action.’’

   The Supreme Court of Pennsylvania has amended Definition Rule 76 by adding the following definition: ‘‘‘competent adult’ means an individual eighteen years of age or older who is neither a party to the action nor an employee or a relative of a party.’’ In view of this new definition, the rules of civil procedure which used the term ‘‘competent adult who is not a party to the action’’ have been amended by deleting as unnecessary the restrictive language ‘‘who is not a party to the action.’’ These rules using the term ‘‘competent adult’’ will be governed by the new definition. The rules which used the term ‘‘competent adult’’ without the restrictive language have been amended by deleting the word ‘‘competent,’’ thus continuing to permit service by an adult without further restriction.

   Beginning in 2006, bench warrants issued for failure to obey a court order to appear in a support matter will be available through the Judicial Network (‘‘JNET’’) system. JNET expands the capacity of law enforcement officers throughout the commonwealth to be informed of outstanding bench warrants issued by both the criminal and civil courts. The Supreme Court of Pennsylvania has promulgated new Pa.R.Crim.P. 150, effective August 1, 2006, which sets forth the procedure related to criminal bench warrants. The amendments to Rules 1910.13-1 and 1910.13-2 track the new criminal procedural rule so that bench warrant procedures will be uniform throughout the commonwealth. For additional information see the Criminal Procedural Rules Committee’s Final Report explaining new Pa.R.Crim.P. 150, published with the promulgation order at 36 Pa.B. 184 (January 14, 2006).

 (a)  Request for a bench warrant pursuant to Rule 1910.13-1 shall be in substantially the following form and shall be attached to the Bench Warrant form set forth in subdivision (b) of this rule:

 [CAPTION]

 REQUEST FOR BENCH WARRANT AND
SUPPORTING AFFIDAVIT

 1. 

 2. The party received the order of court scheduling the conference and/or hearing in the following manner:

  (a) The order of court (i) was served upon the party by ordinary mail with the return address of the court thereon; (ii) the mail was not returned to the court within fifteen (15) days after mailing; and (iii) at a date after the order of court was mailed, the United States Postal Service has verified that mail for the party was being delivered at the address to which the court order was mailed.

  (b) The party signed a receipt indicating acceptance of the court order.

  (c) An employee of the court handed a copy of the court order to the party. The employee’s affidavit of service is attached.

  (d) A competent adult handed a copy of the court order to the party. The adult’s affidavit of service is attached.

 3.  This request for Bench Warrant is made within sixty days following the party’s failure to appear for the conference and/or hearing; and

  I have reviewed the records of the Court and the Domestic Relations Office concerning this case, and attest that the party has not appeared for any domestic relations matter involving the same parties since the date upon which the party failed to appear in violation of the attached order of court.

 4. In my capacity as hearing officer or conference officer, I request that the attached Bench Warrant be issued against the party named on account of the party’s failure to appear for a scheduled conference and/or hearing in violation of an order of court.

 The records of the Domestic Relations Section show that:

  the party owes support arrearages in the amount of $

  the party has failed to appear for

 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §  4904 relating to unsworn falsification to authorities.

 DATE:

 (b)  The Bench Warrant entered by a court pursuant to Rule 1910.13-1 shall be in substantially the following form, and shall be attached to the Request for Bench Warrant form set forth in subdivision (a) of this rule:

 [CAPTION]

 BENCH WARRANT

 AND NOW, this

 This bench warrant is issued because it appears that the (plaintiff) (defendant) has failed to appear, after notice, before the court for a scheduled conference and/or hearing.

 We command you, the arresting officer, forthwith to convey and deliver the party into the custody of the Court of Common Pleas of

 DESCRIPTIVE INFORMATION

 Social Security #

 D.O.B.

 Weight

 Hair

 Distinguishing features (scars, tattoos, facial hair, disability, etc.)

 Alias

 Telephone #

 You are further commanded that if the court is unavailable, the party may be held in the County Jail until the court is opened for business, at which time the party shall be promptly conveyed and delivered into the custody of the court at

 The authority in charge of the county jail shall notify the sheriff’s office and the director of the domestic relations section forthwith that the party is being held pursuant to the bench warrant.

 Under no circumstances may the party be held in the county jail of the county that issued this bench warrant for more than 72 hours or the close of the next business day if the 72 hours expires on a non-business day. See Pa.R.Crim.P 150(A)(5).

 Bail in this matter shall be set as follows:

  No bail.

  Bail to be set in the amount of

   Official Note

   Standards for setting bail are set forth in Rule of Criminal Procedure 525.

 BY THE COURT:

   Act 207-2004 amended numerous titles of the Pennsylvania Consolidated Statutes changing the title of ‘‘district justice’’ to ‘‘magisterial district judge.’’ The amendments to Rule 1910.13-2 reflect the change in title.

 (a)  Acknowledgment of Paternity. If the action seeks support for a child born out of wedlock and the alleged father is named as defendant, the defendant may acknowledge paternity in a verified writing. The conference officer shall advise the parties that pursuant to Section 5103(d) of Title 23 of the Pennsylvania Consolidated Statutes an acknowledgment constitutes conclusive evidence of defendant’s paternity without further judicial ratification in any action to establish support. Upon defendant’s execution of the written acknowledgment, the action shall proceed as in other actions for support.

 (b) Genetic Testing. If the defendant appears but does not execute an acknowledgment of paternity at the conference:

   (1)  The court shall enter an order directing the parties to appear for genetic testing. The order must advise the defendant that his failure to appear for the testing will result in entry of an order finding that he is the father of the child. The order must also advise the plaintiff that her failure to appear for testing may result in sanctions, including entry of an order dismissing the paternity action without prejudice.

   (2)  The conference officer shall advise and provide written notice to the parties that they may enter into a written stipulation whereby both agree to submit to genetic testing for the purpose of resolving finally the issue of paternity. If the test results indicate a 99% or higher probability of paternity, the defendant shall be stipulated to be the biological father of the child and the case referred for a child support conference. If the test results indicate an exclusion, the action shall be dismissed. The written stipulation constitutes a waiver of the right to a hearing on the genetic testing or trial on the issue of paternity.

   (3)  The conference officer shall advise and provide written notice to the parties that if they do not enter into a written stipulation and the test results do not indicate an exclusion, there will be a hearing regarding genetic testing or trial before a judge without a jury on the issue of paternity in accordance with the procedures set forth in subdivision (d) of this Rule.

 (c)  Estoppel and Presumption of Paternity. If either party or the court raises the issue of estoppel or the issue of whether the presumption of paternity is applicable, the court shall dispose promptly of the issue and may stay the order for genetic testing until the issue is resolved.

 (d)  Post-Testing Procedures.

   (1)  The results of the genetic tests shall be provided in writing to counsel for the parties or, if unrepresented, to the parties themselves.

   (2)  If the results of the genetic tests resolve the issue of paternity pursuant to the stipulation of the parties, a paternity order shall be entered and served on the parties. If the defendant is excluded, the action shall be dismissed. If the defendant is stipulated to be the biological father, the action shall proceed as in other actions for support.

   (3)  If the results of the genetic tests do not resolve the issue of paternity pursuant to the stipulation of the parties, but the test results indicate a 99% or more probability of paternity, the court shall issue a rule against the defendant to show cause why an order should not be entered finding him to be the father. The rule shall advise the defendant that pursuant to 23 Pa.C.S. §  4343 his defense is limited to a showing by clear and convincing evidence that the results of the genetic tests are not reliable. The rule shall direct that an answer be filed within 20 days after service of the rule on the defendant. The answer shall state the material facts which constitute this defense. Any allegation of fact which does not appear of record must be verified.

 If an answer is not timely filed, the court shall enter an order finding paternity and refer the action to conference and hearing as in other actions for support. If an answer is filed raising a disputed issue of material fact relating to the reliability of the genetic testing, the case shall be listed promptly for expedited hearing before a judge. The burden of proof at the hearing is on the defendant and is limited to proof by clear and convincing evidence that the results of the genetic tests are not reliable.

   (4)  If the results of the genetic tests do not resolve the issue of paternity and the test results indicate less than a 99% probability of paternity, the case shall be promptly listed for expedited trial before a judge.

   (5)  If, after a hearing or trial, the decision is for the defendant on the issue of paternity, a final order shall be entered by the court dismissing the action as to the child. If the decision is against the defendant on the issue of paternity, an interlocutory order shall be entered by the court finding paternity. The court may enter an interim order for child support at that time and shall refer the action to conference and hearing as in other actions for support.

 (e)  Failure to Appear. If defendant fails to appear as ordered for a conference, hearing or trial, or for genetic tests, the court shall, upon proof of service on the defendant, enter an order establishing paternity. The court may also enter an interim order for child support at that time and shall refer the action to conference and hearing as in other actions for support.

 (f)  Appeal of Paternity Order. An order establishing paternity is not an appealable order. The issue of paternity may be included in an appeal from the final order of child support.

 (a)  In an order awarding child support and spousal support, the court may on its own motion or upon the motion of either party

   (1)  Make an unallocated award in favor of the spouse and one or more children, or

   (2)  State the amount of support allocable to the spouse and the amount allocable to each child.

   Official Note

   See 23 Pa.C.S. §  4348(d) for additional matters which must be specified in an order of support if arrearages exist when the order is entered.

 (b) An unallocated order in favor of the spouse and one or more children shall be a final order as to all claims covered in the order. No motion for post-trial relief may be filed to the final order.

   Official Note

   The procedure relating to Motions for Reconsideration is set forth in Rule 1930.2.

 (a)  Applicability of the Support Guidelines.

   (1)  Except as set forth in subdivision (2) below, the support guidelines set forth the amount of support which a spouse or parent should pay on the basis of both parties’ net monthly incomes as defined in Rule 1910.16-2 and the number of persons being supported.

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

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

   Example 1. Mother and Father have three children and do not live in the same household. Mother has primary custody of two children and net income of $1,500 per month. Father’s net monthly income is $3,000. The parties’ third child is in foster care placement. Pursuant to the schedule at Rule 1910.16-3, the basic child support amount for the two children with Mother is $1,216. As Father’s income is 67% of the parties’ combined monthly net income, his basic support obligation to Mother is $815 per month. The guidelines assume that Mother will provide $401 per month in direct expenditures to the two children in her home. The agency/obligee brings an action against each parent for the support of the child in placement. Father/obligor’s income will be $2,185 for purposes of this calculation ($3,000 net less $815 in support for the children with Mother). Because the agency/obligee’s income is zero, Father’s support for the child in placement will be 100% of the schedule amount of basic support for one child at the $2,185 income level, or $545 per month. Mother/obligor’s income will be $1,099 for purposes of this calculation ($1,500 net less $401 in direct support to the children in her custody). Her support obligation will be 100% of the schedule amount for one child at that income level, or $284 per month.

   Example 2. Mother and Father have two children in placement. Father owes child support of $500 per month for two children of a former marriage. At the same income levels as above, Father’s income for determining his obligation to the children in placement would be $2,500 ($3,000 less $500 support for two children of prior marriage). His obligation to the agency would be $853 per month (100% of the schedule amount for two children at the $2,500 per month income level). Mother’s income would not be diminished as she owes no other child support. She would owe $544 for the children in placement (100% of the schedule amount for two children at the $1,500 income level).

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

   Example 3. Mother and Father have four children, two of whom are in placement. Mother’s net monthly income is $4,000 and Father’s is $2,000. The basic support amount for the two children in the home is $1,359, according to the schedule at Rule 1910.16-3. As Mother’s income is 67% of the parties’ combined net monthly incomes, her share would be $911, and Father’s 33% share would be $448. Mother’s income for purposes of calculating support for the two children in placement would be $3,089 ($4,000 less $911). She would pay 100% of the basic child support at that income level, or $1,029, for the children in placement. Father’s income would be $1,552 ($2,000 less $448) and his obligation to the children in placement would be $560.

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

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

 (b)  Amount of Support. The amount of support (child support, spousal support or alimony pendente lite) to be awarded pursuant to the procedures under Rules 1910.11 and 1910.12 shall be determined in accordance with the support guidelines which consist of the guidelines expressed as the child support schedule set forth in Rule 1910.16-3, the formula set forth in Rule 1910.16-4 and the operation of the guidelines as set forth in these rules.

 (c)  Spousal Support and Alimony Pendente Lite. Orders for spousal support and alimony pendente lite shall not be in effect simultaneously.

 (d)  Rebuttable Presumption. If it has been determined that there is an obligation to pay support, there shall be a rebuttable presumption that the amount of the award determined from the guidelines is the correct amount of support to be awarded. The support guidelines are a rebuttable presumption and must be applied taking into consideration the special needs and obligations of the parties. The trier of fact must consider the factors set forth in Rule 1910.16-5. The presumption shall be rebutted if the trier of fact makes a written finding, or a specific finding on the record, that an award in the amount determined from the guidelines would be unjust or inappropriate.

 (e)  Guidelines Review. The guidelines shall be reviewed at least once every four years to insure that application results in the determination of appropriate amounts of support.

   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), 42 U.S.C. §  667(a), statewide support guidelines must ‘‘be reviewed at least once every four years to ensure that their application results in the determination of appropriate child support award amounts.’’ Federal regulations, 45 CFR 302.56, further require 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 early 2003. The committee was assisted in its work by Jane Venohr, Ph.D., an economist with Policy Studies, Inc., under contract with the Pennsylvania Department of Public Welfare. As a result of the review, the committee recommended to the Supreme Court several amendments to the statewide guidelines.

   A. Income Shares Model. Pennsylvania’s child support guidelines are based upon the Income Shares Model. That model was developed under the Child Support Guidelines Project funded by the U.S. Office of Child Support Enforcement and administered by the National Center for State Courts. The Guidelines Project Advisory Group recommended the Income Shares Model for state guidelines. At present, 33 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 was also used in developing the prior schedule, effective in April 1999. In 2001, Dr. Betson updated his estimates using data from the 1996-98 Consumer Expenditure Survey conducted by the U.S. Bureau of Labor Statistics. In the current schedule, those figures were converted to 2003 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. However, according to the 2000 Census conducted by the U.S. Census Bureau, the median Pennsylvania family income in 1999 was $49,184, while the national median family income was $50,046. Thus, using national data continues to be appropriate.

   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 not aware of any state that relies upon the CNPP estimates as a basis for its child support schedule.

   B. Statutory Considerations. The Pennsylvania statute, 23 Pa.C.S.A. §  4322(a), provides:

  Child and spousal support shall be awarded pursuant to a Statewide guideline as established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly. The guideline shall be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support, the guideline shall place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties’ assets, as warrant special attention. The guideline so developed shall be reviewed at least once every four years.

   1. Reasonable Needs and Reasonable Ability to Provide Support. The guidelines make financial support of a child a primary obligation and assume that parties with similar net incomes will have similar reasonable and necessary expenses. After the basic needs of the parents have been met, the child’s needs shall receive priority. The guidelines assume that if the obligor’s net income is at the poverty level, he or she is barely able to provide for his or her own basic needs. In those cases, therefore, the entry of a minimal order may be appropriate after considering the party’s living expenses. In some cases, it may not be appropriate to enter a support order at all. In most cases, however, a party’s living expenses are not relevant in determining his or her support obligation. Rather, as the statute requires, the obligation is based upon the reasonable needs of a dependent spouse or child and the reasonable ability of the obligor to pay.

   2. Net Income. The guidelines use the net incomes of the parties and are based on the assumption that a child’s reasonable needs increase as the combined net income of the child’s parents increases. Each parent is required to contribute a share of the child’s reasonable needs in proportion to that parent’s share of the combined net income. The custodial parent makes these contributions through direct expenditures for food, shelter, clothing, transportation and other reasonable needs. The non-custodial parent makes contributions through periodic support payments to the custodial parent. Rule 1910.16-2(d) has been amended to clarify the provisions relating to fluctuating income and earning capacity.

   3. Allowable Deviations. The guidelines are designed to treat similarly situated parents, spouses and children in the same manner. However, when there are unavoidable differences, deviations must be made from the guidelines. Failure to deviate from these guidelines by considering a party’s actual expenditures where there are special needs and special circumstances constitutes a misapplication of the guidelines.

   C. Child Support Schedule. The child support schedule in 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. At some income levels the presumptive amount of support has increased from the previous schedule, and at some income levels it has decreased. The economic data support the revised schedule. The support amounts in the schedule have been expanded to apply to a combined net monthly income of $20,000 and remain statistically valid.

   D. Self-Support Reserve (‘‘SSR’’). The amended schedule also incorporates an increase in the ‘‘Self-Support Reserve’’ or ‘‘SSR’’ from $550 per month to $748 per month, the 2003 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 $748 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 $748 per month.

   E. Shared Custody. Prior to the amendments effective in April of 1999, there was no formula or procedure for deviating from the basic support guidelines when custody was shared equally or the non-custodial parent has substantial partial custody. Prior to 1999, the guidelines provided that the obligor’s support obligation should be reduced only if he or she spent ‘‘an unusual amount of time with the children.’’

   As part of the review process that resulted in the 1999 amendments, the committee considered the practices of several other jurisdictions and ultimately selected a method which gave some recognition to the shift in child-related expenditures that occurs when the obligor spends a substantial amount of time with the children. While recognizing that it was not a perfect solution to the problem of establishing support obligations in the context of substantial or shared custody, it was preferable to the diverse offset methods which had been developed by local courts. Its chief advantage was that it provided statewide uniformity and avoided a sharp reduction in the obligation at certain thresholds. These amendments do not change that rule.

   F. Child Care Expenses. Rule 1910.16-6(a) has been amended 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 may also incur such expenses during his or her custodial periods with the children.

   G. 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.

 Generally, the amount of support to be awarded is based upon the parties’ monthly net income.

 (a)  Monthly Gross Income. Monthly gross income is ordinarily based upon at least a six-month average of all of a party’s income. The term ‘‘income’’ is defined by the support law, 23 Pa.C.S.A. §  4302, 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 discretion of the trier of fact, inclusion of part or all of it is appropriate; and

   Official Note

   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 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 lottery winnings, income tax refunds, insurance compensation or settlements; awards and verdicts; and any form of payment due to and collectible by an individual regardless of source.

   Official Note

   The trial court has discretion to determine 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 they may be averaged over a shorter or longer period of time depending on the circumstances of the case. They may also be escrowed in an amount sufficient to secure the support obligation during that period of time.

   Income tax refunds should not be included as income to the extent they were already factored into the party’s actual tax obligation for purposes of arriving at his or her net income.

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

   (1)  Neither public assistance nor Supplemental Security Income (SSI) benefits shall be counted as income for purposes of determining support.

   (2)  If a child for whom support is sought is receiving Social Security benefits as a result of a parent’s retirement, death or disability, the benefits the child receives shall be added to the combined monthly net incomes of the obligor and the obligee to calculate the income available for support on the vertical axis of the basic child support schedule set forth in Rule 1910.16-3. The presumptive amount of support as set forth on the schedule at the combined income of the obligee, obligor and child’s benefits shall then be reduced by the amount of the child’s benefits before apportioning the remaining support obligation between the parties pursuant to Rule 1910.16-4. For purposes of determining the support obligation of a surviving parent when the child is receiving benefits as the result of the other parent’s death, the income of a non-parent obligee who is caring for a child but has no support obligation to that child shall include only those funds the obligee is receiving on behalf of the child.

  Example 1. If the obligor has net income of $1,200 per month; the obligee has net monthly income of $800; and the child receives Social Security derivative benefits of $300 per month as a result of either the obligor’s or obligee’s retirement or disability, then the total combined monthly net income is $2,300. Using the schedule at Rule 1910.16-3 for one child, the amount of support is $568 per month. From that amount, subtract the amount the child is receiving in Social Security derivative benefits ($568 minus $300 equals $268). Then, apply the formula at Rule 1910.16-4 to apportion the remaining child support amount of $268 between the obligor and the obligee in proportion to their respective incomes. The obligor’s $1,200 net income per month is 60% of the total of the obligor’s and the obligee’s combined net monthly income. Thus, the obligor’s support obligation would be 60% of $268, or $161, per month.

  Example 2. Two children live with Grandmother who receives $400 per month in Social Security death benefits for the children as a result of their father’s death. Grandmother also receives $500 per month from a trust established by Father for the benefit of the children. Grandmother is employed and earns $2,000 net per month. Grandmother seeks support from the children’s mother, who earns $1,500 net per month. For purposes of calculating Mother’s support obligation, Grandmother’s income will be $500, the amount she receives on behalf of the children from the trust. Therefore, the obligee’s and the obligor’s combined net monthly incomes total $2,000. Add to that the $400 in Social Security benefits Grandmother receives for the children to find the basic child support amount in Rule 1910.16-3. The basic support amount at the $2,400 income level for two children is $820. Subtracting from that amount the $400 in Social Security derivative benefits Grandmother receives for the children, results in a basic support amount of $420 to be apportioned between the parties. As Mother’s income is 75% of the parties’ combined income of $2,000, her support obligation to Grandmother is $315 per month.

   Official 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 otherwise provided in these Rules, the court shall deduct only the following items from monthly gross income to arrive at net income:

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

       (B)   F.I.C.A. payments and non-voluntary retirement payments;

       (C)   union dues; and

       (D)   alimony paid to the other party.

   (2)  In computing a spousal support or alimony pendente lite obligation, the court shall deduct from the obligor’s monthly net income all of his or her child support obligations and any amounts of spousal support, alimony pendente lite or alimony being paid to former spouses.

 (d)  Reduced or Fluctuating Income.

   (1)  Voluntary Reduction of Income. When either party voluntarily assumes a lower paying job, quits a job, leaves employment, changes occupations or changes employment status to pursue an education, or is fired for cause, there generally will be no effect on the support obligation.

   (2)  Involuntary Reduction of, and Fluctuations in, Income. No adjustments in support payments will be made for normal fluctuations in earnings. However, appropriate adjustments will be made for substantial continuing involuntary decreases in income, including but not limited to the result of illness, lay-off, termination, job elimination or some other employment situation over which the party has no control.

   (3)  Seasonal Employees. Support orders for seasonal employees, such as construction workers, shall ordinarily be based upon a yearly average.

   (4)  Earning Capacity. Ordinarily, either party to a support action who willfully fails to obtain appropriate employment will be considered to have an income equal to the party’s earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity.

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

   (1)  Low Income Cases.

       (A)   When the obligor’s monthly net income and corresponding number of children fall into the shaded area of the schedule set forth in Rule 1910.16-3, the basic child support obligation shall be calculated using the obligor’s income only. For example, where the obligor has monthly net income of $850, the presumptive amount of support for three children is $94 per month. This amount is determined directly from the schedule in Rule 1910.16-3.

       (B)   In computing a basic spousal support or alimony pendente lite obligation, the presumptive amount of support shall not reduce the obligor’s net income below $748 per month. For example, if the obligor earns $800 per month and the obligee earns $300 per month, the formula in Part IV of Rule 1910.16-4 would result in a support obligation of $200 per month. Since this amount leaves the obligor with only $600 per month, it must be adjusted so that the obligor retains at least $748 per month. The presumptive minimum amount of spousal support, therefore, is $52 per month in this case.

       (C)   When the obligor’s monthly net income is $748 or less, the court may award support only after consideration of the obligor’s actual living expenses.

   (2)  High Income Child Support Cases. When the parties’ combined net income exceeds $20,000 per month, child support shall be calculated pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). The presumptive minimum amount of child support shall be the obligor’s percentage share of the highest amount of support which can be derived from the schedule for the appropriate number of children and using the parties’ actual combined income to determine the obligor’s percentage share of this amount. The court may award an additional amount of child support based on the parties’ combined income and the factors set forth in Melzer. The Melzer analysis in high income child support cases shall be applied to all of the parties’ income, not just to the amount of income exceeding $20,000 per month. In a Melzer analysis case, the presumptive minimum remains applicable.

   For example, where the obligor and the obligee have monthly net incomes of $17,000 and $4,000 respectively, the presumptive minimum amount of child support for three children is calculated as follows: using the formula in Rule 1910.16-4, determine the parties’ percentage shares of income based on their actual combined income—81% and 19% respectively of $21,000. Using the schedule in Rule 1910.16-3, find the highest possible combined child support obligation for three children—$3,018. The obligor’s percentage share of the combined obligation is 81% of $3,018, or $2,445. This is the presumptive minimum amount of child support that he or she must pay for three children. Since this amount is derived from the schedule in Rule 1910.16-3, which is limited to combined household income of $20,000, the court may award an additional amount of support based on the factors set forth in Melzer.

 (f) Dependency Tax Exemption. In order to maximize the total income available to the parties and children, the court may, as justice and fairness require, award the federal child dependency tax exemption to the non-custodial parent, or to either parent in cases of equally shared custody, and order the other party to execute the waiver required by the Internal Revenue Code, 26 U.S.C.A. §  152(e). The tax consequences resulting from an award of the child dependency exemption must be considered in calculating each party’s income available for support.

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

   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 Rule 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 Rule 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 awards of spousal support or alimony pendente lite when there are multiple families. In these cases, a party’s 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. Since the payment of support is a priority, subsection (1) reflects current case law which, for example, holds that a party’s decision to forego current employment in order to further his or her education should be treated no differently than a decision to change jobs or occupations which results in a lower income. Kersey v. Jefferson, 791 A.2d 419 (Pa. Super. Ct. 2002); Grimes v. Grimes, 596 A.2d 240 (Pa. Super. Ct. 1991).

   Subdivision (e) has been amended to reflect the updated schedule in Rule 1910.16-3 and the increase in the Self-Support Reserve (‘‘SSR’’), formerly referred to as the Computed Allowance Minimum (‘‘CAM’’). The schedule now applies to all cases in which the parties’ combined net monthly income is $20,000 or less. The upper income limit of the prior schedule was only $15,000. The amount of support at each income level of the schedule also has changed, so the examples in Rule 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 net monthly 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 Rule 1910.16-3. There is no need to use the formula in Rule 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 Rule 1910.16-5 and in considering whether to require the obligor to contribute to any additional expenses under Rule 1910.16-6.

   Since the schedule in Rule 1910.16-3 sets forth basic child support only, subdivision (e)(1)(B) 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 Rule 1910.16-4, so that the obligor’s income does not fall below the SSR amount in these cases.

   Previously, the CAM required that the obligor retain at least $550 per month. The SSR now requires that the obligor retain income of at least $748 per month, an amount equal to the 2003 federal poverty level for one person. When the obligor’s monthly net income is less than $748, subsection (e)(1)(C) provides that the court 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 Rule 1910.16-3 sets forth the presumptive amount of basic child support to be awarded. If the circumstances warrant, the court may deviate from that amount under Rule 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 Rule 1910.16-6. If, for example, the obligor earns only $800 per month but is living with his or her parents, or has remarried and is living with a fully-employed spouse, the court may consider an upward deviation under Rule 1910.16-5(b)(3) and/or may order the party to contribute to the additional expenses under Rule 1910.16-6. Consistent with the goals of the SSR, however, the court 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 reflects the limited application of Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), to cases in which the guidelines cannot be used to establish the child support obligation because the parties’ combined income exceeds $20,000 per month. The court must establish a presumptive minimum amount of child support using the guidelines to arrive at that amount. The formula for calculating the presumptive minimum amount provides that the parties’ percentage shares should be calculated using their actual combined income rather than the theoretical combined income of only $20,000. In considering whether to award an additional amount of child support, the court must apply the factors set forth in Melzer to all of the parties’ combined income, not just the amount over $20,000 per month. It would be improper to apply the formula in Rule 1910.16-4 to the amount of the parties’ combined income which exceeds $20,000 per month and award the obligor’s percentage share as additional support. Additional support, if any, may be more or less than the percentage share and must be determined, therefore, in accordance with the factors set forth in Melzer. The presumptive minimum shall apply even if the Melzer analysis results in a lower amount.

 The following schedule sets forth the amounts spent on children in intact families by combined income and number of children. Combined income is on the vertical axis of the schedule and number of children is on the horizontal axis of the schedule. This schedule is used to find the basic child support obligation. Unless otherwise provided in these rules, the obligor’s share of the basic support obligation shall be computed using the formula set forth in Part I of Rule 1910.16-4.