231 Pa. Code r. 1910.16-5

Current through Register Vol. 54, No. 49, December 7, 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 ;

(4) the child's age;

(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.

231 Pa. Code r. 1910.16-5

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.