231 Pa. Code r. 1910.16-3.1

Current through Register Vol. 54, No. 49, December 7, 2024
Rule 1910.16-3.1 - Support Guidelines. High-Income Cases
(a)Child Support.
(1)Presumptive Minimum Basic Child Support Obligation.
(i) The presumptive minimum basic child support obligation is the support obligation that the trier-of-fact would have awarded if the parties' combined monthly net income was $30,000.
(ii) When the parties' combined monthly net income exceeds $30,000, the calculated support obligation shall not be less than the presumptive minimum basic child support obligation.
(2)High-Income Child Support Calculation. With the following three-step process, the trier-of-fact shall calculate the total child support obligation.
(i)Preliminary Analysis. Using the following formula, the trier-of-fact shall:
(A) calculate the basic child support obligation based on the parties' combined monthly net income; and
(B) apportion the basic child support obligation based on the parties' respective monthly net incomes.

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

(ii)Substantial or Equally Shared Custody Adjustment. The trier-of-fact shall adjust the basic child support obligation calculated in subdivision (a)(2)(i) for substantial or equally shared custody as set forth in Pa.R.C.P. No. 1910.16-4(c).
(iii)Final Analysis-Reasonable Needs.
(A) In determining the total child support obligation, the trier-of-fact shall consider the child's reasonable needs based on:
(I) The deviation factors in Pa.R.C.P. No. 1910.16-5;
(II) The additional expenses set forth in Pa.R.C.P. No. 1910.16-6; and
(III) the parties' expense statements required by Pa.R.C.P. No. 1910.11(c)(2) and Pa.R.C.P. No. 1910.27(c)(2)(B).
(B) Subject to the presumptive minimum basic child support obligation, the trier-of-fact may upwardly or downwardly adjust the support obligation calculated in subdivisions (a)(2)(i) and (ii) based on the child's reasonable needs.
(3)Final Order. As part of the final order, the trier-of-fact shall state on the record or in writing:
(i) findings of fact; and
(ii) The reasons for awarding the total child support obligation, including:
(A) a discussion of the child's reasonable needs; and
(B) The adjustments or deviations made to the basic child support obligation.
(b)Spousal Support or Alimony Pendente Lite.
(1)Preliminary Analysis. When the parties' combined monthly net income exceeds $30,000, the trier-of-fact shall apply the formula in either Pa.R.C.P. No. 1910.16-4(a)(1)(Part B) or (a)(2)(Part IV) in calculating spousal support or alimony pendente lite.
(2)Final Analysis. In determining the total spousal support or alimony pendente lite obligation, the trier-of-fact shall consider:
(i) The deviation factors in Pa.R.C.P. No. 1910.16-5;
(ii) The additional expenses set forth in Pa.R.C.P. No. 1910.16-6; and
(iii) The parties' expense statements required by Pa.R.C.P. No. 1910.11(c)(2) and Pa.R.C.P. No. 1910.27(c)(2)(B).
(3)Final Order. As part of the final order, the trier-of-fact shall state on the record or in writing:
(i) findings of fact; and
(ii) The reasons for awarding the final spousal support or alimony pendente lite obligation, including the adjustments or deviations made to the basic spousal support or alimony pendente lite obligation.

231 Pa. Code r. 1910.16-3.1

The provisions of this Rule 1910.16-3.1 adopted January 12, 2010, effective 5/12/2010, 40 Pa.B. 586; amended August 26, 2011, effective 9/30/2011, 41 Pa.B. 4851; amended April 9, 2013, effective 8/9/2013, 43 Pa.B. 2272; amended February 10, 2017, effective 5/1/2017, 47 Pa.B. 1123; amended December 28, 2018, effective 1/1/2019, 49 Pa.B. 170; amended August 17, 2021, effective 1/1/2022, 51 Pa.B. 5539.