Judith D. Lawton - Page 12




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               The purpose of the Federal tax treatment of alimony is to              
          relieve the payor of the burden of paying tax on the income which           
          is transferred to the payee spouse as alimony and to impose that            
          burden on the spouse receiving the alimony.  In addition to                 
          transferring the tax burden, overall tax savings generally result           
          because the payor spouse is usually taxed at a higher rate than             
          the payee.  See Staff of Joint Comm. on Taxation, General                   
          Explanation of the Revenue Provisions of the Deficit Reduction              
          Act of 1984, at 714 (J. Comm. Print 1985).  The same principles             
          are recognized and followed by the courts of Pennsylvania.  See             
          Pa. R. Civ. P. 1910.16-5(f).                                                
               Respondent argues that Pa. R. Civ. P. 1910.16-5(f) also                
          makes it clear that the grids already take into account the                 
          Federal tax consequences of support payments.  We agree with                
          respondent.                                                                 
               Although an order awarding both spousal and child support              
          may either be allocated or unallocated, the grids assume that               
          such an order will be unallocated.  See Pa. R. Civ. P. 1910.16-             
          5(f).  Therefore, if an order is to be allocated, instead of the            
          grids "the formula set forth in Rule 1910.16-3(a) shall be                  
          utilized to determine the amount of support allocable to the                
          spouse", making adjustments for the Federal income tax                      
          consequences of an allocated order.  Pa. R. Civ. P. 1910.16-                







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