- 7 - 1994, retroactive order of support of the court of common pleas remained in effect until entry of the divorce decree of August 7, 1995. The order of support requires petitioner's former spouse to pay "for support of spouse and one child." In domestic relations proceedings in the Commonwealth of Pennsylvania, under Pennsylvania Rules of Civil Procedure (Pa. R. Civ. P.) 1910.16, the court on its own motion, or upon the motion of either party may make an unallocated award in favor of the spouse and one or more children, or the court may state separately the amount of support allocable to the spouse and to each child. Here, the language of the order of support does not fix any specific amount for the payment of child support. The language in petitioner's order of support makes an "unallocated" award of spousal and child support. Petitioner's argument is that all awards of support for a spouse, a child, or both must, nevertheless, conform to guidelines mandated by Federal law and adopted under rules of the Pa. R. Civ. P. Although unallocated, the amount of child support that she received, petitioner argues, is "easily determinable" by reference to the support guidelines. Federal law and State requirements By way of the Child Support Enforcement Amendments of 1984, Pub. L. 98-378, sec. 18(a), 98 Stat. 1321, amended by the Family Support Act of 1988, Pub. L. 100-485, sec. 103(a) and (b), 102Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011