231 Pa. Code § 1910.16-3.1

Current through Register Vol. 53, No. 21, May 27, 2023

Rule 1910.16-3.1 - Support Guidelines. High-Income Cases

(a)Child Support Formula. If the parties' combined monthly net income exceeds $30,000, the following three-step process shall be applied to calculate the parties' respective child support obligations. The support amount calculated pursuant to this three-step process shall not be less than the support amount that would have been awarded if the parties' combined monthly net income was $30,000. The calculated amount is the presumptive minimum support amount.

(1) The following formula shall be applied as a preliminary analysis in calculating the basic child support amount apportioned between the parties according to their respective monthly net incomes:

One child: $2,839 + 8.6% of combined monthly net income above $30,000.

Two children: $3,902 + 11.8% of combined monthly net income above $30,000.

Three children: $4,365 + 12.9% of combined monthly net income above $30,000.

Four children: $4,824 + 14.6% of combined monthly net income above $30,000.

Five children: $5,306 + 16.1% of combined monthly net income above $30,000.

Six children: $5,768 + 17.5% of combined monthly net income above $30,000;

(2) The trier-of-fact shall apply the formulas in Pa.R.C.P. No. 1910.16-4(a)(1)(Part D) and (Part E) or (2)(Part II) and (Part III), adjusting for substantial or shared custody pursuant to Pa.R.C.P. No. 1910.16-4(c) and allocating additional expenses pursuant to Pa.R.C.P. No. 1910.16-6, as appropriate;

(3) The trier-of-fact shall consider the factors in Pa.R.C.P. No. 1910.16-5 in making a final child support award and shall make findings of fact on the record or in writing. After considering the factors in Pa.R.C.P. No. 1910.16-5, the trier-of-fact may adjust the amount calculated pursuant to subdivisions (1) and (2), subject to the presumptive minimum.

(b)Spousal Support and Alimony Pendente Lite. In cases in which 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 (2)(Part IV) as a preliminary analysis in calculating spousal support or alimony pendente lite. In determining the final spousal support or alimony pendente lite amount and duration, the trier-of-fact shall consider the factors in Pa.R.C.P. No. 1910.16-5 and shall make findings of fact on the record or in writing.

231 Pa. Code § 1910.16-3.1

Amended by Pennsylvania Bulletin, Vol 47, No. 08. February 25, 2017, effective 2/25/2017

Amended by Pennsylvania Bulletin, Vol 49, No. 02. January 12, 2019, effective 1/12/2019