- 8 - Stat. 2346, 42 U.S.C. secs. 602, 667 (1994), Congress mandated that each State "must establish guidelines for child support award amounts". Under 42 U.S.C. section 667(b)(2) (1994), "There shall be a rebuttable presumption" that a judicial award of child support in the amount that would result from application of the guidelines is the correct amount of child support to be awarded. Pennsylvania adopted in 1989, pursuant to the Act of October 30, 1985, as amended, 23 Pa. Cons. Stat. Ann. section 4322 (West 1991), a support guideline formula that was in effect during the years at issue in this case. See Pa. R. Civ. P. 1910.16-1 through 3. The guidelines utilize the net incomes of both parties and are based on the assumption that a child's needs increase as the combined net income of the parents increases. See Pa. R. Civ. P. 1910.16-1, Explanatory Comment--1993, B.2. (1995). The amount of child support, spousal support, or alimony pendente lite "shall be determined in accordance with the support guidelines" either by using the net income formula or by using charts derived from the formula, called "grids". Pa. R. Civ. P. 1910.16-1(a); Pa. R. Civ. P. 1910.16-1, Explanatory Comment-1993, C. (1995); Pa. R. Civ. P. 1910.16-3(a); and see Ball v. Minnick, 648 A.2d 1192 (Pa. 1994). By court rule, if the court determines that there is an obligation to pay support, "there shall be a rebuttable presumption that the amount of the award determined from thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011