Pa. Rules of Civil Procedure Applying to Support include, among other rules, The Support Guidelines, Basic Child Support Schedule (Rule 1910.16-3) and rules for calculating the amount of support and alimony pendente lite (Rule 1910.16-4)

Deviation from the Guideline support amounts is permitted based upon the following factors: unusual needs or fixed obligations, ages of the children, assets of the parties, other support obligations or income, medical expenses not covered by insurance, the standard of living of the parties and their children, mortgage obligations exceeding 25% of net income and other relevant factors including the best interest of the children, and, in spousal support or alimony pendente lite cases, the duration of the marriage to the date of final separation. There are a number of cases that specifically define the meaning of these "factors."

Support obligations are calculated upon earnings capacity, not actual income. The amount of child support is calculated on a case-by-case "Melzer" analysis in those cases where the parties' total income exceeds $15,000 per month. A "Melzer" analysis is based upon the parents' available income and is made in order to allow the children to share the benefits of the parents' "financial achievement."

Support orders are usually retroactive to the date of the filing of the complaint for support. This usually results in the establishment of arrears at the time of the entry of the order.

"Support" and "Alimony" are not the same. Alimony has existed as a tool since the 1980's and was originally created to allow the court to give a dependent spouse an opportunity to obtain employment, or to train for employment, in order that the dependent spouse could maintain himself or herself in the same standard of living which he or she enjoyed during the term of the marriage. Alimony has continued to change over the years, is fact sensitive and can now be permanent. Awards of alimony are now used to achieve economic justice at the time of divorce. Alimony is taxable to the recipient. Spousal support may or may not be taxable to the recipient depending upon how the order is allocated between the recipient spouse and the parties' children. The guideline formula assumes that an order will be unallocated and taxable to the recipient.

An award of alimony is modifiable upon changed circumstances and terminates upon remarriage or cohabitation. Awards entered pursuant to alimony agreements may be made non- modifiable. Nonpayment of support or alimony orders may result in contempt proceedings, imprisonment, the withholding of tax return refunds and passports, the suspension of driver's licenses, and other sanctions.

Support actions can only be initiated by a parent or someone who stands in the place of a custodial or responsible parent. Counsel fees can only be obtained in support actions in enforcement of an existing order or agreement. Counsel fees can be awarded in the divorce case where alimony is an issue. However, the court is not compelled to award a "prevailing" party attorney's fees. If you have support or alimony questions you should seek consultation with an attorney immediately. Lack of attention to this matter can cost you money.