Current through Register Vol. 54, No. 50, December 14, 2024
Rule 1910.3 - Parties. Obligor. Obligee(a) An action may be brought(1) by a person, including a minor parent or a minor spouse, to whom a duty of support is owing, or(2) on behalf of a minor child by a person having custody of the child, without appointment as guardian ad litem, or(3) on behalf of a minor child by a person caring for the child regardless of whether a court order has been issued granting that person custody of the child, or(4) by a public body or private agency having an interest in the case, maintenance or assistance of a person to whom a duty of support is owing, or(5) by a parent, guardian or public or private agency on behalf of an unemancipated child over eighteen years of age to whom a duty of support is owing, or.(6) by any person who may owe a duty of support to a child or spouse. If the person to whom a duty of support may be owed does not appear, the action may be dismissed without prejudice for the petitioner to seek further relief from the court.(b) The trier of fact shall enter an appropriate order based upon the evidence presented, without regard to which party initiated the support action, filed a modification petition or filed a petition for recovery of support overpayment. The determination of which party will be the obligee and which will be the obligor will be made by the trier of fact based upon the respective incomes of the parties, consistent with the support guidelines and existing law, and the custodial arrangements at the time of the initial or subsequent conference, hearing or trial. If supported by the evidence, the party named as the defendant in the initial pleading may be deemed to be the obligee, even if that party did not file a complaint for support. The provisions of this subdivision do not apply to parties seeking spousal support or alimony pendente lite. Parties seeking spousal support or alimony pendente lite must assert a claim in an appropriate pleading with proper notice served upon the other party.(1) In general, the party who has primary custody of the children shall be the obligee of a child support order.(2) When the parties share custody of the children equally, the party with the higher income shall be the obligor as provided in Rule 1910.16 -4(c)(2).The provisions of this Rule 1910.3 amended March 2, 2000, effective immediately, 30 Pa.B. 1646; amended October 30, 2001, effective immediately, 21 Pa.B. 6273; amended August 26, 2011, effective 11/1/2011, 41 Pa.B. 4847; amended November 5, 2012, effective 12/5/2012, 42 Pa.B. 7091.