PRINTER'S NO. 3103
No. 2172 Session of 2008
INTRODUCED BY GRUCELA, BLACKWELL, CARROLL, GOODMAN, HARKINS,
KULA, LONGIETTI, MANN, McGEEHAN, McILHATTAN, MOYER,
M. O'BRIEN, PICKETT, SOLOBAY, WATSON, MARSHALL, MURT, KOTIK,
WANSACZ, JOSEPHS, MUNDY, CASORIO, JAMES AND GIBBONS,
JANUARY 17, 2008
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 17, 2008
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for liability for
3 support and for support guideline.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 4321 and 4322(a) of Title 23 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 4321. Liability for support.
9 Subject to the provisions of this chapter:
10 (1) Married persons are liable for the support of each
11 other according to their respective abilities to provide
12 support as provided by law[.], except that a married person
13 who is the victim of domestic violence committed by the other
14 married person shall not be liable for the support of the
15 other married person.
16 (2) Parents are liable for the support of their children
17 who are unemancipated and 18 years of age or younger.
1 (3) Parents may be liable for the support of their
2 children who are 18 years of age or older.
3 § 4322. Support guideline.
4 (a) Statewide guideline.--Child and spousal support shall be
5 awarded pursuant to a Statewide guideline as established by
6 general rule by the Supreme Court, so that persons similarly
7 situated shall be treated similarly. The guideline shall be
8 based upon the reasonable needs of the child or spouse seeking
9 support and the ability of the obligor to provide support. In
10 determining the reasonable needs of the child or spouse seeking
11 support and the ability of the obligor to provide support, the
12 guideline shall place primary emphasis on the net incomes and
13 earning capacities of the parties, with allowable deviations for
14 unusual needs, extraordinary expenses and other factors, such as
15 the parties' assets, as warrant special attention[.], and shall
16 provide that where the court determines that the obligor is the
17 victim of domestic violence committed by the other spouse, no
18 spousal support may be awarded to the spouse that committed the
19 domestic violence. The guideline so developed shall be reviewed
20 at least once every four years.
21 * * *
22 Section 2. This act shall take effect in 60 days.
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