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Domestic Relations
Pennsylvania Child Support WebsiteAbout Domestic Relations
The Lackawanna County Domestic Relations Section is responsible for working with families to establish and enforce support obligations for children and spouses.
Located in Scranton, it is one of 67 county Domestic Relations Sections within the Commonwealth of Pennsylvania.
Domestic Relations is a part of the Lackawanna County Court of Common Pleas. It helps the Court establish and enforce Court Orders for child support and spousal support.
Scheduling An Appointment
You may call Domestic Relations Monday through Friday 9:00 AM – 4:00 PM at (570) 963-6721. Using this phone number, you can access our AVR (Automated Voice Response Unit) or you can speak with a customer service worker.
Support Officers see clients by appointment only. In order to see the officer assigned to your case you must make an appointment. You can do this by calling and leaving a message for your officer saying that you want to set up a time to see him or her; or you may write a letter asking for an appointment. By scheduling an appointment you will avoid waiting a long period of time to be seen and you can work out a time that is best for you and your officer.
Please supply your 9 digit case number and 10 digit member I.D. number (or Social Security number) for all telephone calls, e-mail correspondence, letters and office appearances. You can find your case and member I.D. numbers on correspondence from our office.
PLEASE DO NOT TELEPHONE OR WRITE TO ANY JUDGE OR HEARING OFFICER ABOUT YOUR CASE. JUDGES AND HEARING OFFICERS ARE NOT PERMITTED TO GIVE ADVICE OR DISCUSS CASES OUTSIDE THE COURTROOM OR HEARING ROOM. CONTACT DOMESTIC RELATIONS WHEN YOU NEED HELP WITH YOUR CASE.
PACSES PortalIf you have a support case in the Commonwealth of Pennsylvania, you can use the Commonwealth’s “PACSES Portal” website 24 hours a day, 7 days a week to view your case information, update your address, etc.
PACSES stands for Pennsylvania Automated Child Support Enforcement System.
PACSES AVRAVR stands for Automated Voice Response.
The PACSES AVR can be accessed through your telephone to answer most of your child support questions by dialing 570.963.6721. The PACSES AVR is available 24 hours a day, 7 days a week. The PACSES AVR gives you quick access to child support information. You may hear about policy and procedures and receive updates on your case, including recent payments and account status.
Domestic Relations
(a) Applicability of the Support Guidelines.
(1) Except as set forth in subdivision (2) below, the support guidelines set forth the amount of support which a spouse or parent should pay on the basis of both parties’ net monthly incomes as defined in Rule 1910.16-2 and the number of persons being supported.
(2) In actions in which the plaintiff is a public body or private agency pursuant to Rule 1910.3, the amount of the order shall be calculated under the guidelines based upon each obligor’s net monthly income as defined in Rule 1910.16-2, with the public or private entity’s income as zero. In such cases, each parent shall be treated as a separate obligor and a parent’s obligation will be based upon his or her own monthly net income without regard to the income of the other parent.
(i) The amount of basic child support owed to other children not in placement shall be deducted from each parent’s net income before calculating support for the child or children in placement, including the amount of direct support the guidelines assume will be provided by the custodial parent.
Example 1. Mother and Father have three children and do not live in the same household. Mother has primary custody of two children and net income of $1,500 per month. Father’s net monthly income is $3,000. The parties’ third child is in foster care placement. Pursuant to the schedule at Rule 1910.16-3, the basic child support amount for the two children with Mother is $1,216. As Father’s income is 67% of the parties’ combined monthly net income, his basic support obligation to Mother is $815 per month. The guidelines assume that Mother will provide $401 per month in direct expenditures to the two children in her home. The agency/obligee brings an action against each parent for the support of the child in placement. Father/obligor’s income will be $2,185 for purposes of this calculation ($3,000 net less $815 in support for the children with Mother). Because the agency/obligee’s income is zero, Father’s support for the child in placement will be 100% of the schedule amount of basic support for one child at the $2,185 income level, or $545 per month. Mother/obligor’s income will be $1,099 for purposes of this calculation ($1,500 net less $401 in direct support to the children in her custody). Her support obligation will be 100% of the schedule amount for one child at that income level, or $284 per month.
Example 2. Mother and Father have two children in placement. Father owes child support of $500 per month for two children of a former marriage. At the same income levels as above, Father’s income for determining his obligation to the children in placement would be $2,500 ($3,000 less $500 support for two children of prior marriage). His obligation to the agency would be $853 per month (100% of the schedule amount for two children at the $2,500 per month income level). Mother’s income would not be diminished as she owes no other child support. She would owe $544 for the children in placement (100% of the schedule amount for two children at the $1,500 income level).
(ii) If the parents reside in the same household, their respective obligations to the children who remain in the household and are not in placement shall be calculated according to the guidelines, with the parent having the higher income as the obligor, and that amount shall be deducted from the parents’ net monthly incomes for purposes of calculating support for the child(ren) in placement.
Example 3. Mother and Father have four children, two of whom are in placement. Mother’s net monthly income is $4,000 and Father’s is $2,000. The basic support amount for the two children in the home is $1,359, according to the schedule at Rule 1910.16-3. As Mother’s income is 67% of the parties’ combined net monthly incomes, her share would be $911, and Father’s 33% share would be $448. Mother’s income for purposes of calculating support for the two children in placement would be $3,089 ($4,000 less $911). She would pay 100% of the basic child support at that income level, or $1,029, for the children in placement. Father’s income would be $1,552 ($2,000 less $448) and his obligation to the children in placement would be $560.
(iii) In the event that the combined amount the parents are required to pay exceeds the cost of placement, the trier of fact shall deviate to reduce each parent’s obligation in proportion to his or her share of the combined obligation.
(3) The support of a spouse or child is a priority obligation so that a party is expected to meet this obligation by adjusting his or her other expenditures.
(b) Amount of Support. The amount of support (child support, spousal support or alimony pendente lite) to be awarded pursuant to the procedures under Rules 1910.11 and 1910.12 shall be determined in accordance with the support guidelines which consist of the guidelines expressed as the child support schedule set forth in Rule 1910.16-3, the formula set forth in Rule 1910.16-4 and the operation of the guidelines as set forth in these rules.
(c) Spousal Support and Alimony Pendente Lite. Orders for spousal support and alimony pendente lite shall not be in effect simultaneously.
(d) Rebuttable Presumption. If it has been determined that there is an obligation to pay support, there shall be a rebuttable presumption that the amount of the award determined from the guidelines is the correct amount of support to be awarded. The support guidelines are a rebuttable presumption and must be applied taking into consideration the special needs and obligations of the parties. The trier of fact must consider the factors set forth in Rule 1910.16-5. The presumption shall be rebutted if the trier of fact makes a written finding, or a specific finding on the record, that an award in the amount determined from the guidelines would be unjust or inappropriate.
(e) Guidelines Review. The guidelines shall be reviewed at least once every four years to insure that application results in the determination of appropriate amounts of support.
Explanatory Comment—2005
Introduction. Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. 23 Pa.C.S. § 4322(a). That statute further provides that the guideline shall be ‘‘established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly.’’ Id.
Pursuant to federal law, The Family Support Act of 1988 (P. L. 100-485, 102 Stat. 2343 (1988), 42 U.S.C. § 667(a), statewide support guidelines must ‘‘be reviewed at least once every four years to ensure that their application results in the determination of appropriate child support award amounts.’’ Federal regulations, 45 CFR 302.56, further require that such reviews include an assessment of the most recent economic data on child-rearing costs and a review of data from case files to assure that deviations from the guidelines are limited. The Pennsylvania statute also requires a review of the support guidelines every four years. 23 Pa.C.S.A. § 4322(a).
The Domestic Relations Procedural Rules Committee of the Supreme Court of Pennsylvania began the mandated review process in early 2003. The committee was assisted in its work by Jane Venohr, Ph.D., an economist with Policy Studies, Inc., under contract with the Pennsylvania Department of Public Welfare. As a result of the review, the committee recommended to the Supreme Court several amendments to the statewide guidelines.
A. Income Shares Model. Pennsylvania’s child support guidelines are based upon the Income Shares Model. That model was developed under the Child Support Guidelines Project funded by the U.S. Office of Child Support Enforcement and administered by the National Center for State Courts. The Guidelines Project Advisory Group recommended the Income Shares Model for state guidelines. At present, 33 states use the Income Shares Model as a basis for their child support guidelines.
The Income Shares Model is based upon the concept that the child of separated, divorced or never-married parents should receive the same proportion of parental income that she or he would have received if the parents lived together. A number of authoritative economic studies provide estimates of the average amount of household expenditures for children in intact households. These studies show that the proportion of household spending devoted to children is directly related to the level of household income and to the number of the children. The basic support amounts reflected in the schedule in Rule 1910.16-3 represent average marginal expenditures on children for food, housing, transportation, clothing and other miscellaneous items that are needed by children and provided by their parents, including the first $250 of unreimbursed medical expenses incurred annually per child.
1. Economic Measures. The support schedule in Rule 1910.16-3 is based upon child-rearing expenditures measured by David M. Betson, Ph.D., Professor of Economics, University of Notre Dame. Dr. Betson’s measurements were developed for the U.S. Department of Health and Human Services for the explicit purpose of assisting states with the development and revision of child support guidelines. Dr. Betson’s research was also used in developing the prior schedule, effective in April 1999. In 2001, Dr. Betson updated his estimates using data from the 1996-98 Consumer Expenditure Survey conducted by the U.S. Bureau of Labor Statistics. In the current schedule, those figures were converted to 2003 price levels using the Consumer Price Index.
2. Source of Data. The estimates used to develop the schedule are based upon national data. The specific sources of the data are the periodic Consumer Expenditure Surveys. Those national surveys are used because they are the most detailed available source of data on household expenditures. The depth and quality of this information is simply not available at the state level and would be prohibitively costly to gather. However, according to the 2000 Census conducted by the U.S. Census Bureau, the median Pennsylvania family income in 1999 was $49,184, while the national median family income was $50,046. Thus, using national data continues to be appropriate.
The U. S. Department of Agriculture’s Center for Nutrition Policy and Promotion (‘‘CNPP’’) also develops economic estimates for the major categories of child-rearing expenditures. Although the committee reviewed these estimates, it is not aware of any state that relies upon the CNPP estimates as a basis for its child support schedule.
B. Statutory Considerations. The Pennsylvania statute, 23 Pa.C.S.A. § 4322(a), provides:
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 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 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.
1. Reasonable Needs and Reasonable Ability to Provide Support. The guidelines make financial support of a child a primary obligation and assume that parties with similar net incomes will have similar reasonable and necessary expenses. After the basic needs of the parents have been met, the child’s needs shall receive priority. The guidelines assume that if the obligor’s net income is at the poverty level, he or she is barely able to provide for his or her own basic needs. In those cases, therefore, the entry of a minimal order may be appropriate after considering the party’s living expenses. In some cases, it may not be appropriate to enter a support order at all. In most cases, however, a party’s living expenses are not relevant in determining his or her support obligation. Rather, as the statute requires, the obligation is based upon the reasonable needs of a dependent spouse or child and the reasonable ability of the obligor to pay.
2. Net Income. The guidelines use the net incomes of the parties and are based on the assumption that a child’s reasonable needs increase as the combined net income of the child’s parents increases. Each parent is required to contribute a share of the child’s reasonable needs in proportion to that parent’s share of the combined net income. The custodial parent makes these contributions through direct expenditures for food, shelter, clothing, transportation and other reasonable needs. The non-custodial parent makes contributions through periodic support payments to the custodial parent. Rule 1910.16-2(d) has been amended to clarify the provisions relating to fluctuating income and earning capacity.
3. Allowable Deviations. The guidelines are designed to treat similarly situated parents, spouses and children in the same manner. However, when there are unavoidable differences, deviations must be made from the guidelines. Failure to deviate from these guidelines by considering a party’s actual expenditures where there are special needs and special circumstances constitutes a misapplication of the guidelines.
C. Child Support Schedule. The child support schedule in Rule 1910.16-3 has been amended to reflect updated economic data, as required by federal and state law, to ensure that children continue to receive adequate levels of support. At some income levels the presumptive amount of support has increased from the previous schedule, and at some income levels it has decreased. The economic data support the revised schedule. The support amounts in the schedule have been expanded to apply to a combined net monthly income of $20,000 and remain statistically valid.
D. Self-Support Reserve (‘‘SSR’’). The amended schedule also incorporates an increase in the ‘‘Self-Support Reserve’’ or ‘‘SSR’’ from $550 per month to $748 per month, the 2003 federal poverty level for one person. Formerly designated as the ‘‘Computed Allowance Minimum’’ or ‘‘CAM,’’ the Self-Support Reserve, as it is termed in most other states’ guidelines, is intended to assure that low-income obligors retain sufficient income to meet their own basic needs, as well as to maintain the incentive to continue employment. The SSR is built into the schedule in Rule 1910.16-3 and adjusts the basic support obligation to prevent the obligor’s net income from falling below $748 per month. Because the schedule in Rule 1910.16-3 applies to child support only, Rule 1910.16-2(e)(1)(B) provides for a similar adjustment in spousal support and alimony pendente lite cases to assure that the obligor retains a minimum of $748 per month.
E. Shared Custody. Prior to the amendments effective in April of 1999, there was no formula or procedure for deviating from the basic support guidelines when custody was shared equally or the non-custodial parent has substantial partial custody. Prior to 1999, the guidelines provided that the obligor’s support obligation should be reduced only if he or she spent ‘‘an unusual amount of time with the children.’’
As part of the review process that resulted in the 1999 amendments, the committee considered the practices of several other jurisdictions and ultimately selected a method which gave some recognition to the shift in child-related expenditures that occurs when the obligor spends a substantial amount of time with the children. While recognizing that it was not a perfect solution to the problem of establishing support obligations in the context of substantial or shared custody, it was preferable to the diverse offset methods which had been developed by local courts. Its chief advantage was that it provided statewide uniformity and avoided a sharp reduction in the obligation at certain thresholds. These amendments do not change that rule.
F. Child Care Expenses. Rule 1910.16-6(a) has been amended to provide that child care expenses incurred by both parties shall be apportioned between the parties in recognition of the fact that a non-custodial parent may also incur such expenses during his or her custodial periods with the children.
G. Other Amendments. All of the examples in the guidelines have been updated to reflect the changes to the basic child support schedule. Prior explanatory comments have been deleted or revised and incorporated into new comments.
Source
The provisions of this Rule 1910.16-1 adopted September 6, 1989, effective September 30, 1989, 19 Pa.B. 4151; amended January 27, 1993, effective immediately, 23 Pa.B. 701; amended December 7, 1998, effective April 1, 1999, 28 Pa.B. 6162; amended October 27, 2000; effective immediately, 30 Pa.B. 5837; amended August 20, 2003, effective immediately, 33 Pa.B. 4435; amended September 27, 2005, effective 4 months from date of this order, 35 Pa.B. 5643. Immediately preceding text appears at serial pages (299373) to (299374) and (308277)
(1) Except as set forth in subdivision (2) below, the support guidelines set forth the amount of support which a spouse or parent should pay on the basis of both parties’ net monthly incomes as defined in Rule 1910.16-2 and the number of persons being supported.
(2) In actions in which the plaintiff is a public body or private agency pursuant to Rule 1910.3, the amount of the order shall be calculated under the guidelines based upon each obligor’s net monthly income as defined in Rule 1910.16-2, with the public or private entity’s income as zero. In such cases, each parent shall be treated as a separate obligor and a parent’s obligation will be based upon his or her own monthly net income without regard to the income of the other parent.
(i) The amount of basic child support owed to other children not in placement shall be deducted from each parent’s net income before calculating support for the child or children in placement, including the amount of direct support the guidelines assume will be provided by the custodial parent.
Example 1. Mother and Father have three children and do not live in the same household. Mother has primary custody of two children and net income of $1,500 per month. Father’s net monthly income is $3,000. The parties’ third child is in foster care placement. Pursuant to the schedule at Rule 1910.16-3, the basic child support amount for the two children with Mother is $1,216. As Father’s income is 67% of the parties’ combined monthly net income, his basic support obligation to Mother is $815 per month. The guidelines assume that Mother will provide $401 per month in direct expenditures to the two children in her home. The agency/obligee brings an action against each parent for the support of the child in placement. Father/obligor’s income will be $2,185 for purposes of this calculation ($3,000 net less $815 in support for the children with Mother). Because the agency/obligee’s income is zero, Father’s support for the child in placement will be 100% of the schedule amount of basic support for one child at the $2,185 income level, or $545 per month. Mother/obligor’s income will be $1,099 for purposes of this calculation ($1,500 net less $401 in direct support to the children in her custody). Her support obligation will be 100% of the schedule amount for one child at that income level, or $284 per month.
Example 2. Mother and Father have two children in placement. Father owes child support of $500 per month for two children of a former marriage. At the same income levels as above, Father’s income for determining his obligation to the children in placement would be $2,500 ($3,000 less $500 support for two children of prior marriage). His obligation to the agency would be $853 per month (100% of the schedule amount for two children at the $2,500 per month income level). Mother’s income would not be diminished as she owes no other child support. She would owe $544 for the children in placement (100% of the schedule amount for two children at the $1,500 income level).
(ii) If the parents reside in the same household, their respective obligations to the children who remain in the household and are not in placement shall be calculated according to the guidelines, with the parent having the higher income as the obligor, and that amount shall be deducted from the parents’ net monthly incomes for purposes of calculating support for the child(ren) in placement.
Example 3. Mother and Father have four children, two of whom are in placement. Mother’s net monthly income is $4,000 and Father’s is $2,000. The basic support amount for the two children in the home is $1,359, according to the schedule at Rule 1910.16-3. As Mother’s income is 67% of the parties’ combined net monthly incomes, her share would be $911, and Father’s 33% share would be $448. Mother’s income for purposes of calculating support for the two children in placement would be $3,089 ($4,000 less $911). She would pay 100% of the basic child support at that income level, or $1,029, for the children in placement. Father’s income would be $1,552 ($2,000 less $448) and his obligation to the children in placement would be $560.
(iii) In the event that the combined amount the parents are required to pay exceeds the cost of placement, the trier of fact shall deviate to reduce each parent’s obligation in proportion to his or her share of the combined obligation.
(3) The support of a spouse or child is a priority obligation so that a party is expected to meet this obligation by adjusting his or her other expenditures.
(b) Amount of Support. The amount of support (child support, spousal support or alimony pendente lite) to be awarded pursuant to the procedures under Rules 1910.11 and 1910.12 shall be determined in accordance with the support guidelines which consist of the guidelines expressed as the child support schedule set forth in Rule 1910.16-3, the formula set forth in Rule 1910.16-4 and the operation of the guidelines as set forth in these rules.
(c) Spousal Support and Alimony Pendente Lite. Orders for spousal support and alimony pendente lite shall not be in effect simultaneously.
(d) Rebuttable Presumption. If it has been determined that there is an obligation to pay support, there shall be a rebuttable presumption that the amount of the award determined from the guidelines is the correct amount of support to be awarded. The support guidelines are a rebuttable presumption and must be applied taking into consideration the special needs and obligations of the parties. The trier of fact must consider the factors set forth in Rule 1910.16-5. The presumption shall be rebutted if the trier of fact makes a written finding, or a specific finding on the record, that an award in the amount determined from the guidelines would be unjust or inappropriate.
(e) Guidelines Review. The guidelines shall be reviewed at least once every four years to insure that application results in the determination of appropriate amounts of support.
Explanatory Comment—2005
Introduction. Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. 23 Pa.C.S. § 4322(a). That statute further provides that the guideline shall be ‘‘established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly.’’ Id.
Pursuant to federal law, The Family Support Act of 1988 (P. L. 100-485, 102 Stat. 2343 (1988), 42 U.S.C. § 667(a), statewide support guidelines must ‘‘be reviewed at least once every four years to ensure that their application results in the determination of appropriate child support award amounts.’’ Federal regulations, 45 CFR 302.56, further require that such reviews include an assessment of the most recent economic data on child-rearing costs and a review of data from case files to assure that deviations from the guidelines are limited. The Pennsylvania statute also requires a review of the support guidelines every four years. 23 Pa.C.S.A. § 4322(a).
The Domestic Relations Procedural Rules Committee of the Supreme Court of Pennsylvania began the mandated review process in early 2003. The committee was assisted in its work by Jane Venohr, Ph.D., an economist with Policy Studies, Inc., under contract with the Pennsylvania Department of Public Welfare. As a result of the review, the committee recommended to the Supreme Court several amendments to the statewide guidelines.
A. Income Shares Model. Pennsylvania’s child support guidelines are based upon the Income Shares Model. That model was developed under the Child Support Guidelines Project funded by the U.S. Office of Child Support Enforcement and administered by the National Center for State Courts. The Guidelines Project Advisory Group recommended the Income Shares Model for state guidelines. At present, 33 states use the Income Shares Model as a basis for their child support guidelines.
The Income Shares Model is based upon the concept that the child of separated, divorced or never-married parents should receive the same proportion of parental income that she or he would have received if the parents lived together. A number of authoritative economic studies provide estimates of the average amount of household expenditures for children in intact households. These studies show that the proportion of household spending devoted to children is directly related to the level of household income and to the number of the children. The basic support amounts reflected in the schedule in Rule 1910.16-3 represent average marginal expenditures on children for food, housing, transportation, clothing and other miscellaneous items that are needed by children and provided by their parents, including the first $250 of unreimbursed medical expenses incurred annually per child.
1. Economic Measures. The support schedule in Rule 1910.16-3 is based upon child-rearing expenditures measured by David M. Betson, Ph.D., Professor of Economics, University of Notre Dame. Dr. Betson’s measurements were developed for the U.S. Department of Health and Human Services for the explicit purpose of assisting states with the development and revision of child support guidelines. Dr. Betson’s research was also used in developing the prior schedule, effective in April 1999. In 2001, Dr. Betson updated his estimates using data from the 1996-98 Consumer Expenditure Survey conducted by the U.S. Bureau of Labor Statistics. In the current schedule, those figures were converted to 2003 price levels using the Consumer Price Index.
2. Source of Data. The estimates used to develop the schedule are based upon national data. The specific sources of the data are the periodic Consumer Expenditure Surveys. Those national surveys are used because they are the most detailed available source of data on household expenditures. The depth and quality of this information is simply not available at the state level and would be prohibitively costly to gather. However, according to the 2000 Census conducted by the U.S. Census Bureau, the median Pennsylvania family income in 1999 was $49,184, while the national median family income was $50,046. Thus, using national data continues to be appropriate.
The U. S. Department of Agriculture’s Center for Nutrition Policy and Promotion (‘‘CNPP’’) also develops economic estimates for the major categories of child-rearing expenditures. Although the committee reviewed these estimates, it is not aware of any state that relies upon the CNPP estimates as a basis for its child support schedule.
B. Statutory Considerations. The Pennsylvania statute, 23 Pa.C.S.A. § 4322(a), provides:
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 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 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.
1. Reasonable Needs and Reasonable Ability to Provide Support. The guidelines make financial support of a child a primary obligation and assume that parties with similar net incomes will have similar reasonable and necessary expenses. After the basic needs of the parents have been met, the child’s needs shall receive priority. The guidelines assume that if the obligor’s net income is at the poverty level, he or she is barely able to provide for his or her own basic needs. In those cases, therefore, the entry of a minimal order may be appropriate after considering the party’s living expenses. In some cases, it may not be appropriate to enter a support order at all. In most cases, however, a party’s living expenses are not relevant in determining his or her support obligation. Rather, as the statute requires, the obligation is based upon the reasonable needs of a dependent spouse or child and the reasonable ability of the obligor to pay.
2. Net Income. The guidelines use the net incomes of the parties and are based on the assumption that a child’s reasonable needs increase as the combined net income of the child’s parents increases. Each parent is required to contribute a share of the child’s reasonable needs in proportion to that parent’s share of the combined net income. The custodial parent makes these contributions through direct expenditures for food, shelter, clothing, transportation and other reasonable needs. The non-custodial parent makes contributions through periodic support payments to the custodial parent. Rule 1910.16-2(d) has been amended to clarify the provisions relating to fluctuating income and earning capacity.
3. Allowable Deviations. The guidelines are designed to treat similarly situated parents, spouses and children in the same manner. However, when there are unavoidable differences, deviations must be made from the guidelines. Failure to deviate from these guidelines by considering a party’s actual expenditures where there are special needs and special circumstances constitutes a misapplication of the guidelines.
C. Child Support Schedule. The child support schedule in Rule 1910.16-3 has been amended to reflect updated economic data, as required by federal and state law, to ensure that children continue to receive adequate levels of support. At some income levels the presumptive amount of support has increased from the previous schedule, and at some income levels it has decreased. The economic data support the revised schedule. The support amounts in the schedule have been expanded to apply to a combined net monthly income of $20,000 and remain statistically valid.
D. Self-Support Reserve (‘‘SSR’’). The amended schedule also incorporates an increase in the ‘‘Self-Support Reserve’’ or ‘‘SSR’’ from $550 per month to $748 per month, the 2003 federal poverty level for one person. Formerly designated as the ‘‘Computed Allowance Minimum’’ or ‘‘CAM,’’ the Self-Support Reserve, as it is termed in most other states’ guidelines, is intended to assure that low-income obligors retain sufficient income to meet their own basic needs, as well as to maintain the incentive to continue employment. The SSR is built into the schedule in Rule 1910.16-3 and adjusts the basic support obligation to prevent the obligor’s net income from falling below $748 per month. Because the schedule in Rule 1910.16-3 applies to child support only, Rule 1910.16-2(e)(1)(B) provides for a similar adjustment in spousal support and alimony pendente lite cases to assure that the obligor retains a minimum of $748 per month.
E. Shared Custody. Prior to the amendments effective in April of 1999, there was no formula or procedure for deviating from the basic support guidelines when custody was shared equally or the non-custodial parent has substantial partial custody. Prior to 1999, the guidelines provided that the obligor’s support obligation should be reduced only if he or she spent ‘‘an unusual amount of time with the children.’’
As part of the review process that resulted in the 1999 amendments, the committee considered the practices of several other jurisdictions and ultimately selected a method which gave some recognition to the shift in child-related expenditures that occurs when the obligor spends a substantial amount of time with the children. While recognizing that it was not a perfect solution to the problem of establishing support obligations in the context of substantial or shared custody, it was preferable to the diverse offset methods which had been developed by local courts. Its chief advantage was that it provided statewide uniformity and avoided a sharp reduction in the obligation at certain thresholds. These amendments do not change that rule.
F. Child Care Expenses. Rule 1910.16-6(a) has been amended to provide that child care expenses incurred by both parties shall be apportioned between the parties in recognition of the fact that a non-custodial parent may also incur such expenses during his or her custodial periods with the children.
G. Other Amendments. All of the examples in the guidelines have been updated to reflect the changes to the basic child support schedule. Prior explanatory comments have been deleted or revised and incorporated into new comments.
Source
The provisions of this Rule 1910.16-1 adopted September 6, 1989, effective September 30, 1989, 19 Pa.B. 4151; amended January 27, 1993, effective immediately, 23 Pa.B. 701; amended December 7, 1998, effective April 1, 1999, 28 Pa.B. 6162; amended October 27, 2000; effective immediately, 30 Pa.B. 5837; amended August 20, 2003, effective immediately, 33 Pa.B. 4435; amended September 27, 2005, effective 4 months from date of this order, 35 Pa.B. 5643. Immediately preceding text appears at serial pages (299373) to (299374) and (308277)
Q. If you are re-married does your spouse’s income get considered in establishing an order?
A. If you have remarried, your new spouse’s income may be considered if determining total household income. It is not factored into the actual support guideline calculation.
Q.Why does the Lackawanna County Bureau of Childrens’ Services require clients to open cases through the court if they have an agreement or just don’t want contact with the other party?
A.They have a standard policy of filing for support for children who are receiving subsidized child care.
Q. If a person has a bench warrant on him, can he be picked up in another state?
A. Bench Warrants issued by a Judge of the Lackawanna County Court of Common Pleas are enforceable only within the Commonwealth.
Q. Payment print-outs are very hard to read. I cannot understand the codes and we need to know how much money went out to the person. Is there an easier way to obtain this information?
A. You may call the SCDU AVR on a regular basis to obtain payment information. The phone number for the SCDU AVR is 1-877-727-7238.
Q. I pay the bills in my home and I need information on my husband’s case. Why can’t I get this information? I am told this cannot be given to a third-party.
A. All information remains confidential and may only be provided to the parties in the case.
Q. If you are under age 18 can you file for support?
A. Yes. However, you need a parent/guardian present when you file and at your conference.
Q. If you are under 18, do you have to pay support?
A. Yes. You may have a support order entered against you. A parent/guardian should accompany the minor during Domestic Relations proceedings.
Q. What enforcement action can be taken against a minor?
A. A minor may be listed for Enforcement Court, may have his wages attached, and may have other enforcement measures taken against him.
Q. If a child on the order turns 18, is the defendant still responsible for arrears?
A. Yes, unless the parties agree otherwise.
Q. If a case is closed, can it be reopened?
A. Yes, by filing a new complaint.
Q. How is welfare involved with support?
A. Welfare recipients sign over their rights to support. While they receive cash welfare, support payments are paid to the Department of Public Welfare.
Q. If you give your child up for adoption, do you have to pay support?
A. No. However, if there are arrears up to the date of the adoption, they must still be paid.
Q. Can you file for support if the person is in jail?
A. Yes. However, it is not likely that you will receive support until the defendant has been released.
Q. If the money is not used properly by the plaintiff, what can be done?
A. In entering support obligations, no consideration is made concerning how the plaintiff uses the support money.
Q. If an acknowledgment of paternity is signed and later you find out that you are not the father, are you still responsible to pay support?
A. Yes.
Q. If the guardian is a grandparent, is he responsible for paying the child support?
A. No.
Q. What are some ways to collect support besides payroll deduction?
A. Unemployment Compensation attachment, Workers Compensation attachment, Liens, Enforcement Court, IRS refunds, credit card, pay by phone, and electronic funds transfer.
Q. Does your credit get ruined because of support?
A. Unpaid child support is reportable to the credit bureau.
Q. Why is my Driver’s License Suspended?
A. Parents who are three months or more behind in child support payments can face suspension of their driver’s licenses until they pay their obligations.
A. If you have remarried, your new spouse’s income may be considered if determining total household income. It is not factored into the actual support guideline calculation.
Q.Why does the Lackawanna County Bureau of Childrens’ Services require clients to open cases through the court if they have an agreement or just don’t want contact with the other party?
A.They have a standard policy of filing for support for children who are receiving subsidized child care.
Q. If a person has a bench warrant on him, can he be picked up in another state?
A. Bench Warrants issued by a Judge of the Lackawanna County Court of Common Pleas are enforceable only within the Commonwealth.
Q. Payment print-outs are very hard to read. I cannot understand the codes and we need to know how much money went out to the person. Is there an easier way to obtain this information?
A. You may call the SCDU AVR on a regular basis to obtain payment information. The phone number for the SCDU AVR is 1-877-727-7238.
Q. I pay the bills in my home and I need information on my husband’s case. Why can’t I get this information? I am told this cannot be given to a third-party.
A. All information remains confidential and may only be provided to the parties in the case.
Q. If you are under age 18 can you file for support?
A. Yes. However, you need a parent/guardian present when you file and at your conference.
Q. If you are under 18, do you have to pay support?
A. Yes. You may have a support order entered against you. A parent/guardian should accompany the minor during Domestic Relations proceedings.
Q. What enforcement action can be taken against a minor?
A. A minor may be listed for Enforcement Court, may have his wages attached, and may have other enforcement measures taken against him.
Q. If a child on the order turns 18, is the defendant still responsible for arrears?
A. Yes, unless the parties agree otherwise.
Q. If a case is closed, can it be reopened?
A. Yes, by filing a new complaint.
Q. How is welfare involved with support?
A. Welfare recipients sign over their rights to support. While they receive cash welfare, support payments are paid to the Department of Public Welfare.
Q. If you give your child up for adoption, do you have to pay support?
A. No. However, if there are arrears up to the date of the adoption, they must still be paid.
Q. Can you file for support if the person is in jail?
A. Yes. However, it is not likely that you will receive support until the defendant has been released.
Q. If the money is not used properly by the plaintiff, what can be done?
A. In entering support obligations, no consideration is made concerning how the plaintiff uses the support money.
Q. If an acknowledgment of paternity is signed and later you find out that you are not the father, are you still responsible to pay support?
A. Yes.
Q. If the guardian is a grandparent, is he responsible for paying the child support?
A. No.
Q. What are some ways to collect support besides payroll deduction?
A. Unemployment Compensation attachment, Workers Compensation attachment, Liens, Enforcement Court, IRS refunds, credit card, pay by phone, and electronic funds transfer.
Q. Does your credit get ruined because of support?
A. Unpaid child support is reportable to the credit bureau.
Q. Why is my Driver’s License Suspended?
A. Parents who are three months or more behind in child support payments can face suspension of their driver’s licenses until they pay their obligations.
Current Most Wanted List as of 1/6/2023
There are currently many active bench warrants for “Domestic Relations Fugitives” in Lackawanna County. These warrants have been issued by the Lackawanna County Court of Common Pleas because these individuals – now fugitives – failed to appear for support related hearings.
TIPLINE: 570-963-6721 ext. 8565 EMAIL: [email protected]
NOTE: Do not attempt to apprehend! All information will be kept strictly confidential.
There are currently many active bench warrants for “Domestic Relations Fugitives” in Lackawanna County. These warrants have been issued by the Lackawanna County Court of Common Pleas because these individuals – now fugitives – failed to appear for support related hearings.
TIPLINE: 570-963-6721 ext. 8565 EMAIL: [email protected]
NOTE: Do not attempt to apprehend! All information will be kept strictly confidential.
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| Naike Ante Blackwell $28,364.05 |
Austin Jaryd Schiller $4011.35 |
Orlando Sosa $1909.29 |
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| Edmo Senne Azevedo $16,808.16 |
Yasiim A. McMillan $9,460.06 |
Freddy Joglar $11,332.90 |
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| Evan Paul Digiammo $8,230.74 |
Ray Lee Compton $12,493.06 |
Christopher Torres $12,117.00 |
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|
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| Christopher Suriano (Case 1) $11,646.49 |
Christopher Suriano (Case 2) $12,742.22 |
Warren W Walters $3,731.15 |
Child Support Links
Other Government Links
- PACSES Child Support Program
- Pennsylvania Department of Human Services
- U.S. Department of Health & Human Services – The Office of Child Support Enforcement
Other Government Links
Domestic Relations Section
Lackawanna County
Court of Common Pleas
123 Wyoming Ave, Third Floor
Scranton, PA 18503
570-963-6721 (Phone)
570-496-7700 (Fax)
Child Support Program
If you have a support case in the Commonwealth of Pennsylvania, you can use the Commonwealth’s “PACSES Portal” web site to view your case information, update your address, etc.
Go to: www.humanservices.state.pa.us/csws
Lackawanna County
Court of Common Pleas
123 Wyoming Ave, Third Floor
Scranton, PA 18503
570-963-6721 (Phone)
570-496-7700 (Fax)
Child Support Program
If you have a support case in the Commonwealth of Pennsylvania, you can use the Commonwealth’s “PACSES Portal” web site to view your case information, update your address, etc.
Go to: www.humanservices.state.pa.us/csws