Current through Register Vol. 54, No. 18, May 4, 2024
Rule 1910.16-5 - Support Guidelines. Deviation(a)Deviation. (1) The trier-of-fact may deviate from the basic child support, spousal support, or alimony pendente lite obligation.(2) If the trier-of-fact determines a deviation is appropriate based on the factors in subdivision (b), the trier-of-fact shall specify on the record or in writing: (i) the calculated basic child support, spousal support, or alimony pendente lite obligation;(ii) the reason for the deviation;(iii) the findings of fact justifying the deviation;(iv) the deviation amount; and(v) in a spousal support or an alimony pendente lite action, the obligation's duration.(b)Factors. In deciding whether to deviate from the basic child support, spousal support, or alimony pendente lite obligation, the trier-of-fact shall consider: (1) unusual needs and unusual fixed obligations;(2) a party's other support obligations ;(3) other household income ;(5) the parties' relative assets and liabilities ;(6) medical expenses not covered by insurance;(7) the parties' and the child's standard of living ;(8) in a spousal support or alimony pendente lite case, the duration of the marriage from the date of marriage to the date of final separation; and(9) other relevant and appropriate factors, including the child's best interest.The provisions of this Rule 1910.16 -5 adopted September 6, 1989, effective 9/30/1989, 19 Pa.B. 4151; amended January 27, 1993, effective immediately, 23 Pa.B. 701; amended November 4, 1993, effective 1/1/1994, 23 Pa.B. 5527; amended July 15, 1994, effective 9/1/1994, 24 Pa.B. 3802; amended August 3, 1995, effective 1/1/1996, 25 Pa.B. 3338; amended December 7, 1998, effective 4/1/1999, 28 Pa.B. 6162; amended September 24, 2003, effective immediately, 33 Pa.B. 5075; amended September 27, 2005, effective 4 months from the date of this order, 35 Pa.B. 5643; amended January 12, 2010, effective 5/12/2010, 40 Pa.B. 586; amended August 17, 2021, effective 1/1/2022, 51 Pa.B. 5539.