In Re: Order Amending Rules 1910.16-2 and 1910.16-4 of the Pennsylvania Rules of Civil Procedure

Summary

This document amends Pennsylvania Rules of Civil Procedure 1910.16-2 and 1910.16-4 concerning the treatment of Social Security derivative benefits in child-support calculations. The amendments address how benefits are included in household income, deducted from support obligations, apportioned between parties, and treated in cases involving surviving parents, non-parent caregivers, and shared custody.

Holdings

1. When a child receives Social Security derivative benefits because of either parent's retirement or disability, the benefit must be included in the income of the party receiving it on behalf of the child for purposes of calculating combined income and apportioning basic child support.
2. If the obligee receives the child's Social Security derivative benefit and the obligor's retirement or disability created that benefit, the benefit must be deducted from the obligor's preliminary support obligation, but the obligation may not be reduced below zero. If the obligee receives a benefit created by the obligee's retirement or disability, no deduction is made from the obligor's obligation.
3. When the obligor receives the child's Social Security derivative benefit, the benefit is included in the obligor's income but is not deducted from the obligor's support obligation. In equally shared-custody cases, the party with the higher income before inclusion of the benefit is treated as the obligor before the benefit is added to the recipient's income.
4. When a nonparent obligee cares for the child and has no support obligation to the child, the nonparent's income includes only funds received on behalf of the child, including Social Security derivative benefits when paid to the nonparent. A surviving parent's income includes the benefit when the surviving parent receives it.

Questions Presented

1. How should Social Security derivative benefits received for a child be treated when calculating child support under Pennsylvania's support guidelines?
2. When should a child's Social Security derivative benefit be deducted from the support obligation of the parent whose retirement or disability created the benefit?
3. How should the revised treatment of Social Security derivative benefits be reflected in the support-calculation formula and worksheet?

Disposition

other