Answers to Child Support Exercise
Fall 2003
1. Per the Pennsylvania Guidelines, Pa. R. Civ. P. 1910.16-7(a), Ozzie's obligation to support Beaver should not affect the amount of his obligation to support David and Ricky unless the total of his basic child support obligations would exceed 50% of his net monthly income. If total would exceed 50% of his monthly net income, then the court would have authority under Pa. R. Civ. P. 1910.16-7(b) to proportionally reduce the obligations to support the children of both families.
2. Per the Pennsylvania Guidelines, Pa. R. Civ. P. 1910.16-1(d), the "support guidelines are a rebuttable presumption and must be applied taking into consideration the special needs and obligations of the parties." Pa. R. Civ. P. 1910.16-5 sets forth the factors the court should consider in deciding whether to deviate from presumptive amount. Rule 1910.16-5(b)(3) mentions "other income in the household." Since the obligee and her children are living in Ellen's home and Ellen has a net annual income of $240,000, the court should consider this "other income in the household" in determining whether to deviate from the presumptive amount.
3. Per the Pennsylvania Guidelines, Pa. R. Civ. P. 1910.16-2(a)(7), in determining Harriett's income, the court has discretion to include all or part of any alimony that Harriet may be receiving from Ozzie. Moreover, according to Pa. R. Civ. P. 1910.16-2(d)(4), "Ordinarily, a person who wilfully fails to obtain appropriate employment will be considered to have an income equal to the party's earning capacity." Read in isolation, this sentence might prompt a court to impute to Harriett the income that she could earn as a dental hygienist. The Rule goes on to state, however, that "[a]ge, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity." Since Harriett has not worked outside the home for sixteen years and since she has had significant child care responsibilities during those years, the court is unlikely to assign to her much of an earning capacity.
4. Per the Pennsylvania Guidelines, Pa. R. Civ. P. 1910.16-2(d)(1), generally a voluntary reduction in income has no effect on support obligation. The Rule goes on to state, "A party will ordinarily not be relieved of a support obligation by voluntarily quitting work . . . ." This sentence would appear to govern Ozzie's contemplated voluntary early retirement. Therefore, the amount of child support that Ozzie owes Harriett for David and Ricky would be calculated based on the net income he could be earning as a school teacher rather than on the actual income he receives in pension benefits.