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PRINTER'S NO. 788
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
721
Session of
2017
INTRODUCED BY HANNA, DAVIS, SCHLOSSBERG, MURT, McNEILL AND
SOLOMON, MARCH 7, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 7, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in support matters generally, further
providing for support guideline.
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:
ยง 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] Subject to the provisions of
paragraph (2), the guideline shall be based 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
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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) Public assistance, Supplemental Security Income
(SSI) benefits and Social Security benefits received by
the child as a result of a parent's death shall not 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 Pa.R.C.P.
Rule 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. Rule 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
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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.
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