§ Rule 1910.16-7 Support Guidelines Awards of Child Support When There are Multiple Families

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Rule 1910.16-7. Support Guidelines. Awards of Child Support When There are Multiple Families

    (a) When the total of the obligor's basic child support obligations equals fifty percent or less of his or her monthly net income, there will generally be no deviation from the guideline amount of support on the ground of the existence of a new family. For example, where the obligor requests a reduction of support for one child of the first marriage on the basis that there is a new child of the second intact marriage, and the relevant monthly net incomes are $2,500 for the obligor, $500 for the former spouse and $1,300 for the current spouse, the request for a reduction will be denied
because the total support obligation of $1,141 ($593 for the first child and $548 for the second child) is less than half of the obligor's monthly net income.

    (b) When the total of the obligor's basic support obligations exceeds fifty percent of his or her monthly net income, the court may consider a proportional reduction of these obligations. Since, however, the goal of the guidelines is to treat each child equitably, in no event should either a first or later family receive preference. Nor shall the court divide the guideline amount for all of the obligor's children among the households in which those children live.

    Example 1. The obligor is sued for support of an out of wedlock child. The obligor is already paying support for two children of the first marriage, and has an intact second marriage with one child. The relevant monthly net incomes are $3,800 for the obligor, $1,100 for the former spouse, $0 for the current spouse and $1,500 for the parent of the new child. The obligor's basic support obligations to each family are $1,043 for the two children of the first marriage, $831 for the one child of the second marriage, and $699 for the one child out of wedlock for a total support
obligation of $2,573. Since the total of these obligations exceeds fifty percent of the obligor's net monthly income of  $3,800 per month, the court may consider a proportional reduction of all of the orders.

    Example 2. The obligor is sued for support of three children of a second marriage. There is already an order in effect for two children of the first marriage. The relevant monthly net incomes are $1,500 for the obligor, $0 for the first spouse and $500 for the second spouse. The obligor's basic support obligations to each family are $531 for the two children of the first marriage and $615 for the three children of the second marriage for a total support obligation of $1,146. Since this total obligation leaves the obligor with only $354 on which to live, the order for the three children of the second family is too high. However, reducing the order for three children while leaving the existing order intact would give preference to the first family, contrary to the rule. Therefore, both orders must be reduced proportionally.

    Example 3. The obligor is sued to establish orders for three children born out of wedlock. The net monthly incomes for the obligor and for each obligee is $1,500. The court would determine that the obligor's basic support obligation for each child is $357 for a total obligation of $1,071 for three children. It would be incorrect to determine the guideline amount for three children, in this case $1213, and then divide that amount among the three children.

    (c) For purposes of this rule, the presumptive amount of the obligor's basic support obligation is calculated using only the basic guideline amounts of support, as determined from the formula in Rule 1910.16-4, and does not include any additional expenses that may be added to these amounts pursuant to Rule 1910.16-6. In calculating the presumptive amount of the obligor's basic support obligation, the court should ensure that obligor retains at least $867 per month consistent with Rule 1910.16-2(e).

    Example 1. Assume that the obligor is paying $575 per month support for one child of the first marriage, plus an additional $200 per month for child care expenses. The obligor requests a reduction in this support obligation on the basis that there is one new child of the second intact marriage. The relevant incomes are $2,400 for the obligor and $0 for both the former and current spouses. The obligor's request for a reduction should be denied because the total of the basic guideline obligations for both children is only $1,150 ($575 for each child) and this amount does not exceed 50% of the obligor's net monthly income. No reduction should be given on the basis that the obligor's contribution to child care expenses for the first child results in an overall support obligation of $1,350 which exceeds 50% of the obligor's net monthly income. Thus, the presumptive amount of basic support for the two children is still $1,150 ($575 for each child). The court must then consider the deviation factors under Rule 1910.16-5 and the parties' respective contributions to additional expenses under Rule 1910. 16-6 in arriving at an appropriate amount of total support for each child.

    Example 2. Assume that the obligor is paying $365 per month support for one child of the first marriage. The obligor has one new child of the second intact marriage. The relevant incomes are $1,500 for the obligor and $0 for both the former and current spouses. No reduction should be given on the basis of the obligor's new child because the total of the basic guideline obligations for both children is only $730 ($365 for each child) and this amount does not exceed 50% of the obligor's net monthly income. Since, however, this amount leaves the obligor with only $770 per
month, the court should proportionally reduce the support obligations so that the obligor retains $867 per month. Thus, the presumptive amount of basic support for the two children is $633 ($316.50 for each child). The court must then consider the deviation factors under Rule 1910.16-5 and the parties' respective contributions to additional expenses under Rule 1910.16-6 in arriving at an appropriate amount of total support for each child.