SUPPORT GUIDELINES HAVE CHANGED

by Jay B. Lieberson, Experienced Bucks County Divorce Lawyer

“Effective May 12, 2010, the Pennsylvania Support Guidelines have been modified in several significant respects.”

Most importantly, modification petitions can be filed based upon these guideline changes, even if no other circumstances have changed. I set forth below some of the major changes in the guidelines:

1.) Basic support schedule:  The guidelines now address income levels up to $30,000 per month net family income. Moreover, there is a formula for calculating support even when net family income exceeds $30,000 per month. For those of you whose total family income previously exceeded $20,000 per month, this means that the new guidelines replace any Melzer analysis. To know for sure how you are effected by the new guidelines, you really need to meet with counsel and have calculations made. However, as a general rule, the most significant guideline changes are in cases where there are two or more children, and in the higher income cases. 

2.) Reductions for parenting time:  As many of you are aware, the guidelines previously provided for a reduction in support when custodial time of the support payor exceeded 40% of the overnights. However, there was previously no increase in support when the payor saw the children less than an average amount of time. The guidelines have now changed to allow a party to request an upward deviation in the child support if the payor is not seeing the children at least 30% of the time. 

3.) Spousal support and APL duration:  When spousal support or APL is ordered by the Court, the Court is to consider the length of the marriage in determining the length of the interim spousal support or APL award.

4.) Income and earning capacity:  The rules now mandate that a party’s failure to obtain or maintain appropriate employment must be found to be willful before the judge can input an earning capacity. The rule also states that, generally speaking, a party should not be attributed an earning capacity greater than the amount the party could earn from one full time job.

5.) Mortgage deviation:  The adjustment in a support order to include a mortgage deviation amount is not available after there has been a final resolution of all outstanding economic claims in the divorce.

I have set forth above the major changes that affect most of my clients.  There have been other changes to the guidelines that may or may not affect existing or prospective clients. In any event, there have been enough changes to the guidelines that all clients or prospective clients should consider meeting with counsel and recalculating the support obligation using the new guidelines.
 
Please feel free to contact me to schedule a consultation.  I will charge $200 for the consultation and you will need to bring with you your most recent tax return and W-2, recent paystubs, and whatever information you have regarding the other party’s income.  As a result of the consultation, we can decide if it would be beneficial to file a petition seeking modification of your support order, which would involve additional fee.