If you’re navigating a support case in Pennsylvania, recent changes to the rules could impact your situation. New amendments to the Pennsylvania Rules of Civil Procedure (Pa.R.Civ.P.) 1910.16-2 and 1910.16-6 address income reductions, earning capacity, and how future childcare expenses are handled when calculating support. Here’s a breakdown of what you need to know:

Income Reduction: Voluntary vs. Involuntary

While the rules have already addressed how income changes—whether voluntary or involuntary—affect support orders, the amended language indicates that voluntary or involuntary reductions to a party’s income are pertinent for existing support orders. If one party’s income changes after a support order is in effect, any arguments about the change will hinge on whether it was voluntary or beyond one’s control. The recent change demonstrates that such arguments are applicable after an initial support order and/or earning capacity are determined.

Earning Capacity: Focus Now at Start of Case

The amended rules place a stronger focus on earning capacity at the beginning of a support case. Depending on the other party’s employment (or lack thereof), a person’s earning capacity – that is, how much they could earn - should be fully investigated and/or evaluated before an initial support order is entered. If the other party is underemployed, meaning one earns $40,000 when he or she has the potential to earn $80,000, the discrepancy should be addressed during the initial proceedings before any support order is issued.

Once an initial support order is entered, it is significantly more difficult to argue for an adjusted earning capacity, as the time to make such arguments will have passed. The rule change should reduce the likelihood of disputes during any future modification of the support order. Another way to think of it is that, if an initial support order is entered, it is presumed that the person has already achieved their true earning capacity.

Childcare Costs: No More “What Ifs”

Childcare expenses are a big part of many support cases, and the new rules tackle this head-on.

If the court assigns an earning capacity (e.g., assumes you could be working), the new language of Pa.R.Civ.P. 1910.16-2(d)(4)(i)(A) eliminates the argument of using hypothetical childcare expenses to reduce imputed income. Moreover, by including allocation of future childcare costs, the amended language prevents parties from returning to modify their support order when the hypothetical expenses become a reality. For instance, the inclusion of a sentence such as: “Future childcare costs are to be shared proportionally in the ratio of 60% defendant and 40% plaintiff and are to be paid directly to the provider,” will ensure clarity and should prevent future disputes.

A Cleaner, Simpler Layout

Both rules have been reorganized to make them easier to navigate. All notes and examples are now consolidated at the end of each rule, sparing you the frustration of asking “What is an example, and what is the actual rule?”

Whether you're filing for a new support order or revisiting an existing one, it is well worth your time to consult a top lawyer for support matters in Bucks County to understand how the amendments may apply to you. Contact us at Williams Family Law by phone at 215-340-2207 or email info@bucksfamilylawyers.com.