THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HANNA, CALTAGIRONE, CARROLL, D. COSTA, DONATUCCI, FABRIZIO, GOODMAN, HALUSKA, JOSEPHS, MAHONEY, MURPHY, MURT, M. O'BRIEN, O'NEILL, READSHAW, SWANGER AND YOUNGBLOOD, AUGUST 31, 2011

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, AUGUST 31, 2011  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in support matters generally, further

providing for support guidelines.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  section 4322(a) of Title 23 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 4322.  Support guideline.

(a)  Statewide guideline.--

(1)  Child and spousal support shall be awarded pursuant

to a Statewide guideline as established by general rule by

the Supreme Court, so that persons similarly situated shall

be treated similarly. The guideline shall be based, subject

to the provisions of paragraph (2), upon the reasonable needs

of the child or spouse seeking support and the ability of the

obligor to provide support. In determining the reasonable

needs of the child or spouse seeking support and the ability

of the obligor to provide support, the guideline shall place

primary emphasis on the net incomes and earning capacities of

the parties, with allowable deviations for unusual needs,

extraordinary expenses and other factors, such as the

parties' assets, as warrant special attention. The guideline

so developed shall be reviewed at least once every four

years.

(2)  (i)  Neither public assistance, Supplemental

Security Income (SSI) benefits, nor Social Security

benefits received by the child as a result of a parent's

death shall be counted as income for purposes of

determining support.

(ii)  If a child for whom support is sought is

receiving Social Security benefits as a result of an

obligor parent's retirement or disability, the benefits

the child receives shall be added to the combined monthly

net incomes of the obligor and the obligee to calculate

the income available for support on the vertical axis of

the basic child support schedule set forth in the

Pa.R.C.P. No.1910.16-3 (relating to Support Guidelines.

Basic Child Support Schedule). The presumptive amount of

support as set forth on the schedule at the combined

income of the obligee, obligor and child's benefits shall

then be reduced by the amount of the child's benefits

before apportioning the remaining support obligation

between the parties pursuant to Pa.R.C.P. No. 1910.16-4

(relating to Support Guidelines. Calculation of Support

Obligation, Formula). For purposes of determining the

support obligation of a surviving parent, the income of a

nonparent obligee who is caring for the child but has no

support obligation to that child shall not be considered.

(iii)  If a child for whom support is sought is

receiving Social Security benefits as a result of the

death, retirement or disability of anyone other than the

obligor, then the obligor shall not receive a credit for

these Social Security benefits against the obligor's

child support obligation.

* * *

Section 2.  This act shall take effect in 60 days.