Rule 1910.16-1. Amount of Support. Support Guidelines.
(a) Applicability of the Support Guidelines.
(1) Except as provided in subdivision (3), the support guidelines determine the amount of support that a spouse or parent should pay based on the parties combined monthly net income, as defined in Pa.R.C.P. No. 1910.16-2, and the number of persons being supported.
(2) If a person caring for or having custody of a minor child, who does not have a duty of support to the minor child, initiates a child support action as provided in Pa.R.C.P. No. 1910.3:
(i) the complaint shall identify the parent(s) as defendant(s);
(ii) in determining the basic child support amount, the monthly net income for the individual initiating the action shall not be considered in the support calculation by the trier of fact;
(iii) the parents monthly net incomes shall be combined to determine the basic child support amount, which shall be apportioned based on the parents respective monthly net incomes consistent with Pa.R.C.P. No. 1910.16-4. The parents shall pay the obligee their proportionate share of the basic child support amount as a separate obligor; and
(iv) as with other support actions, the trier of fact may make adjustments or deviations consistent with the support guidelines based on the evidence presented by the parties.
Example 1. The parents have one child, who is in the custody of the maternal grandmother. Maternal grandmother initiates a support action against the parents. Mothers monthly net income is $3,000 and Fathers monthly net income is $2,000 for a combined monthly net income of $5,000. For purposes of the child support calculation, maternal grandmothers income is irrelevant and not part of the calculation. The basic child support obligation for one child at a combined monthly net income of $5,000 is $990 per month. Mothers percentage share of the combined monthly net income is 60% ($3,000/$5,000) and Fathers percentage share of the combined monthly net income is 40% ($2,000/$5,000). Mothers preliminary monthly share of the child support obligation is $594 ($990 x 60%) and Fathers preliminary monthly share of the child support obligation is $396 ($990 x 40%). Maternal grandmother is the obligee with Mother and Father as separate obligors owing $594 and $396 respectively to the maternal grandmother.
(3) In actions in which the plaintiff is a public body or private agency pursuant to Pa.R.C.P. No. 1910.3, the amount of the order shall be calculated under the guidelines based upon each obligors monthly net income, as defined in Pa.R.C.P. No. 1910.16-2, with the public or private entitys income as zero. In such cases, each parent shall be treated as a separate obligor and the parents 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 parents monthly net income before calculating support for the child or children in placement, including the amount of direct support the guidelines assume will be provided by the custodial parent.
Example 2. Mother and Father have three children and do not live in the same household. Mother has primary custody of two children and monthly net income of $2,000 per month. Fathers monthly net income is $3,000. The parties third child is in foster care placement. Pursuant to the schedule in Pa.R.C.P. No. 1910.16-3, the basic child support amount for the two children with Mother is $1,415. As Fathers income is 60% of the parties combined monthly net income, his basic support obligation to Mother is $849 per month. The guidelines assume that Mother will provide $566 per month in direct expenditures to the two children in her home. The agency/obligee brings an action against each parent for the support of the child in placement. Father/obligors income will be $2,151 for purposes of this calculation ($3,000 less $849 in support for the children with Mother). As the agency/obligees income is zero, Fathers support for the child in placement will be 100% of the schedule amount of basic support for one child at the $2,151 income level, or $509 per month. Mother/obligors income will be $1,434 for purposes of this calculation ($2,000 less $566 in direct support to the children in her custody). Her support obligation will be 100% of the schedule amount for one child at that income level, or $348 per month.
Example 3. Mother and Father have two children in placement. Father owes child support of $500 per month for two children of a former marriage. At the same income levels as in Example 2, Fathers income for determining his obligation to the children in placement would be $2,500 ($3,000 less $500 support for two children of prior marriage). His obligation to the agency would be $849 per month (100% of the schedule amount for two children at the $2,500 per month income level). Mothers income would not be diminished as she owes no other child support. She would owe $686 for the children in placement (100% of the schedule amount for two children at the $2,000 income level).
(ii) If the parents reside in the same household, their respective obligations to the children who remain in the household and are not in placement shall be calculated according to the guidelines, with the parent having the higher income as the obligor, and the calculated support amount shall be deducted from the parents monthly net incomes for purposes of calculating support for the child(ren) in placement.
Example 4. Mother and Father have four children, two of whom are in placement. Mothers monthly net income is $4,000 and Fathers is $3,000. The basic support amount for the two children in the home is $1,660, according to the schedule in Pa.R.C.P. No. 1910.16-3. As Mothers income is 57% of the parties combined monthly net incomes, her share would be $946, and Fathers 43% share would be $714. Mothers income for purposes of calculating support for the two children in placement would be $3,054 ($4,000 less $946). She would pay 100% of the basic child support at that income level, or $1,032, for the children in placement. Fathers income would be $2,286 ($3,000 less $714) and his obligation to the children in placement would be $784.
(iii) In the event that the combined amount the parents are required to pay exceeds the cost of placement, the trier of fact shall deviate the support amount downward to reduce each parents obligation in proportion to his or her share of the combined obligation.
(4) The support of a spouse or child is a priority obligation so that a party is expected to meet this obligation by adjusting his or her other expenditures.
(b) Support Amount. The support amount (child support, spousal support or alimony pendente lite) awarded pursuant to the Pa.R.C.P. Nos. 1910.11 and 1910.12 procedures must be determined in accordance with the support guidelines, which consist of the guidelines expressed as the child support schedule in Pa.R.C.P. No. 1910.16-3, the Pa.R.C.P. No. 1910.16-4 formulas, and the operation of the guidelines as set forth in these rules.
(c) Spousal Support and Alimony Pendente Lite.
(1) Spousal support and alimony pendente lite orders must not be in effect simultaneously.
(2) In determining a spousal support or alimony pendente lite awards duration, the trier-of-fact shall consider the marriages duration, i.e., the date of marriage to the date of final separation.
(d) Rebuttable Presumption. If the trier-of-fact determines that a party has a duty to pay support, there is a rebuttable presumption that the guideline-calculated support amount is the correct support amount.
(1) The presumption is rebutted if the trier-of-fact concludes in a written finding or states on the record that the guideline support amount is unjust or inappropriate.
(2) The trier-of-fact shall consider the childrens and parties special needs and obligations, and apply the Pa.R.C.P. No. 1910.16-5 deviation factors, as appropriate.
(e) Guidelines Review. The guidelines must be reviewed at least every four years to ensure that their application determines appropriate support amounts.
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 CFR 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 early 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.
A. Income Shares Model. Pennsylvanias 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. Betsons 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. Betsons 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 Agricultures Center for Nutrition Policy and Promotion (CNPP) also develops economic estimates for the major categories of child-rearing expenditures. Although the committee reviewed these estimates, it is aware of only one state that relies upon the CNPP estimates as a basis for its child support schedule, and even that state makes certain adjustments.
B. Statutory Considerations. The Pennsylvania statute, 23 Pa.C.S.A. § 4322(a), provides:
Child and spousal support shall be awarded pursuant to a Statewide guideline as established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly. The guideline shall be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support, the guideline shall place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties assets, as warrant special attention. The guideline so developed shall be reviewed at least once every four years.
1. Reasonable Needs and Reasonable Ability to Provide Support. The guidelines make financial support of a child a primary obligation and assume that parties with similar net incomes will have similar reasonable and necessary expenses. After the basic needs of the parents have been met, the childs needs shall receive priority. The guidelines assume that if the obligors 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 partys living expenses. In some cases, it may not be appropriate to enter a support order at all. In most cases, however, a partys living expenses are not relevant in determining his or her support obligation. Rather, as the statute requires, the obligation is based upon the reasonable needs of a dependent spouse or child and the reasonable ability of the obligor to pay.
2. Net Income. The guidelines use the net incomes of the parties. Each parent is required to contribute a share of the childs reasonable needs in proportion to that parents 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 partys 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. The support amounts in the schedule have been expanded to apply to a combined net monthly income of $30,000 and remain statistically valid. The economic data support the revised schedule.
D. Self-Support Reserve (SSR). The amended schedule also incorporates an increase in the Self-Support Reserve or SSR from $748 per month to $867 per month, the 2008 federal poverty level for one person. Formerly designated as the Computed Allowance Minimum or CAM, the Self-Support Reserve, as it is termed in most other states guidelines, is intended to assure that low-income obligors retain sufficient income to meet their own basic needs, as well as to maintain the incentive to continue employment. The SSR is built into the schedule in Rule 1910.16-3 and adjusts the basic support obligation to prevent the obligors 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.
E. Shared Custody. In creating the new schedule, the amounts of basic child support were first increased to reflect updated economic data, including 2008 price levels. Next, the amounts of basic child support were adjusted to incorporate into the schedule the assumption that the children spend 30% of the time with the obligor and that the obligor makes direct expenditures on their behalf during that time. That does not mean that the entire schedule was reduced by 30%. Only those variable expenditures, such as food and entertainment, that fluctuate based upon parenting time were adjusted.
The calculation in Rule 1910.16-4(c) reduces an obligors support obligation further if the obligor spends significantly more time with the children. The revised schedule assumes that the obligor has 30% parenting time. The obligor will receive an additional 10% reduction in the amount of support owed at 40% parenting time, increasing incrementally to a 20% reduction at 50% parenting time. This method may still result in a support obligation even if custody of the children is equally shared. In those cases, the rule provides for a maximum obligation which may reduce the obligation so that the obligee does not receive a larger portion of the parties combined income than the obligor.
F. Child Care Expenses. 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.
G. Spousal Support and Alimony Pendente Lite. Subdivision (c) has been amended to require the court to consider the duration of the marriage in determining the duration of a spousal support or alimony pendente lite award. The language was moved from 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.
H. Other Amendments. All of the examples in the guidelines have been updated to reflect the changes to the basic child support schedule. Prior explanatory comments have been deleted or revised and incorporated into new comments.
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.
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 childs 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 partys 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.
The provisions of this Rule 1910.16-1 adopted September 6, 1989, effective September 30, 1989, 19 Pa.B. 4151; amended January 27, 1993, effective immediately, 23 Pa.B. 701; amended December 7, 1998, effective April 1, 1999, 28 Pa.B. 6162; amended October 27, 2000; effective immediately, 30 Pa.B. 5837; amended August 20, 2003, effective immediately, 33 Pa.B. 4435; amended September 27, 2005, effective 4 months from date of this order, 35 Pa.B. 5643; amended January 12, 2010, effective May 12, 2010, 40 Pa.B. 586; amended April 9, 2013, effective August 9, 2013, 43 Pa.B. 2272; amended February 10, 2017, effective May 1, 2017, 47 Pa.B. 1123; amended August 3, 2017, effective October 1, 2017, 47 Pa.B. 4813; amended December 28, 2018, effective January 1, 2019, 49 Pa.B. 170. Immediately preceding text appears at serial pages (394376) and (388169) to (388174).
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