231 Pa. Code § 1910.11

Current through Register Vol. 54, No. 21, May 25, 2024
Rule 1910.11 - Office Conference. Subsequent Proceedings. Order
(a)Office Conference.
(1) A conference officer shall conduct the office conference.
(2) A lawyer serving as a conference officer employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, or judge of the same judicial district.
(b) If a party fails to appear at the conference as directed by the court, the conference may proceed.
(c) At the conference, the parties shall provide to the conference officer the following documents:

* the most recently filed individual federal income tax returns, including all schedules, W-2s, and 1099s;

* the partnership or business tax returns with all schedules, including K-1, if the party is self-employed or a principal in a partnership or business entity;

* pay stubs for the preceding six months;

* verification of child care expenses;

* child support, spousal support, alimony pendente lite, or alimony orders or agreements for other children or former spouses;

* proof of available medical coverage; and

* an Income Statement and, if necessary, an Expense Statement on the forms provided in Pa.R.C.P. No. 1910.27(c) and completed as set forth in subdivisions (c)(1) and (2).

(1) The parties shall provide the conference officer with a completed:
(i) Income Statement as set forth in Pa.R.C.P. No. 1910.27(c)(1) in all support cases, including high-income cases under Pa.R.C.P. No. 1910.16-3.1; and
(ii) Expense Statement as set forth in Pa.R.C.P. No. 1910.27(c)(2)(A), if a party:
(A) claims that unusual needs and unusual fixed expenses may warrant a deviation from the guideline support amount pursuant to Pa.R.C.P. No. 1910.16-5; or
(B) seeks expense apportionment pursuant to Pa.R.C.P. No. 1910.16-6.
(2) For high-income support cases as set forth in Pa.R.C.P. No. 1910.16-3.1, the parties shall provide to the conference officer the Expense Statement in Pa.R.C.P. No. 1910.27(c)(2)(B).
(d)Conference Officer Recommendation.
(1) The conference officer shall calculate and recommend a guideline support amount to the parties.
(2) If the parties agree on a support amount at the conference, the conference officer shall:
(i) prepare a written order consistent with the parties' agreement and substantially in the form set forth in Pa.R.C.P. No. 1910.27(e), which the parties shall sign; and
(ii) submit to the court the written order along with the conference officer's recommendation for approval or disapproval.
(iii) The court may enter the order in accordance with the agreement without hearing from the parties.
(3) In all cases in which one or both parties are unrepresented, the parties must provide income information to the domestic relations section so that a guidelines calculation can be performed.
(e) At the conclusion of the conference or not later than 10 days after the conference, the conference officer shall prepare a conference summary and furnish copies to the court and to both parties. The conference summary shall state:
(1) the facts upon which the parties agree;
(2) the contentions of the parties with respect to facts upon which they disagree; and
(3) the conference officer's recommendation; if any, of
(i) the amount of support and by and for whom the support shall be paid; and
(ii) the effective date of any order.
(f) If an agreement for support is not reached at the conference, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in 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.
(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.
(k) No motion for post-trial relief may be filed to the final order of support.

231 Pa. Code § 1910.11

The provisions of this Rule 1910.11 adopted April 23, 1981, effective 7/22/1981, 11 Pa.B. 1625; amended October 19, 1983, effective 1/1/1984, 13 Pa.B. 3629; amended November 7, 1988, effective 1/1/1989, 18 Pa.B. 5326; amended September 29, 1989, effective 10/15/1989, 19 Pa.B. 4451; amended March 30, 1994, effective 7/1/1994, 24 Pa.B. 1953; amended December 2, 1994, effective 3/1/1995, 24 Pa.B. 6263; amended September 8, 1995, effective 1/1/1996, 25 Pa.B. 4095; amended May 5, 1997, effective 7/1/1997, 27 Pa.B. 2532; amended May 31, 2000, effective 7/1/2000, 30 Pa.B. 3155; amended August 8, 2006, effective immediately, 36 Pa.B. 4709; amended November 8, 2006, effective 2/6/2007, 36 Pa.B. 7113; amended October 30, 2007, effective immediately, 37 Pa.B. 5976; amended January 12, 2010, effective 5/12/2010, 40 Pa.B. 586; amended August 26, 2011, effective 11/1/2011, 41 Pa.B. 4847; amended December 23, 2011, effective 1/31/2012, 42 Pa.B. 379, 545; amended July 2, 2014, effective in 30 days on August 1, 2014, 44 Pa.B. 4476; amended March 4, 2015, effective in 30 days on April 3, 2015, 45 Pa.B. 1354; amended January 5, 2018, effective 1/6/2018, 48 Pa.B. 477; amended June 1, 2018, effective 7/1/2018, 48 Pa.B. 3520; amended December 28, 2018, effective 1/1/2019, 49 Pa.B. 170; amended August 17, 2021, effective 1/1/2022, 51 Pa.B. 5539; amended October 19, 2021, effective 1/1/2022, 51 Pa.B. 6764.