October 2, 2012 RULES UPDATE DRAP CONFERENCE Oct. 2, 2012 Vivian Appel, Esq. Family Court Administrator Lehigh County Court of Common Pleas

October 2, 2012 SUPREME COURT DOMESTIC RELATIONS PROCEDURAL RULES COMMITTEE Domestic Relations Custody Divorce Protection from Abuse

October 2, 2012 CLARIFICATION When there are diverse practices across the state, rules are used to create uniform procedures.

October 2, 2012 CHANGE Respond to new statutes Respond to case law Policy changes

October 2, 2012 PROCEDURES Issue brought to committee Decision whether or not to address issue Publish proposed rule Review comments Make changes Send to Supreme Court for decision Meet 3 to 4 times each year

October 2, 2012 RULES COMMITTEE Judges (2) –Philadelphia and Allegheny AJs Attorneys and Judges (7) PACM (1) BSCE (guest)

MEMBERS 2012 The Honorable Kathryn M. Hens-Greco (Allegheny) The Honorable Theresa Murphy (Philadelphia) The Honorable Carol Van Horn (Franklin) Carol McCarthy, Chair (Allegheny) David Ladov, Vice-chair (Montgomery) Maria Cognetti (Cumberland) David Slesnick (Allegheny) Ann Verber (Philadelphia) Ellen Sweeney (Montgomery) Vivian Appel (Lehigh/PACM) Dan Richard (BCSE) October 2, 2012

Rules changes adopted by Supreme Court All related to support

2012 NO NEW SUPPORT RULES (yet) October 2, 2012

2012 PROPOSALS REC 116, 117, 118, 119 All published All comments reviewed & discussed Personal appearance by DRAP reps October 2, 2012

Recommendation Parties. Obligor. Obligee An action may be brought (6) by any person who may owe a duty of support to a child or spouse. If the person to whom a duty of support may be owed does not appear, the action may be dismissed without prejudice for the petitioner to seek further relief from the court. October 2, 2012

Recommendation (g) OVERPAYMENTS ORDER IN EFFECT –Overpayment defined as an amount in excess of two months of the monthly support obligation ORDER TERMINATED –Any amount FORM REVISION October 2, 2012

DRAP COMMENTS Specific Articulate Complete Helpful Discussed by committee Changes incorporated before submission to Supreme Court October 2, 2012

RECOMMENDATION 118 CONTEMPT NOTICE REVISED Rule Ability to pay language Due process requirements. Turner v. Rogers (June 2011) Impacts need to provide representation for defendants October 2, 2012

RECOMMENDATION 119 MEDICAL EVIDENCE / PHYSICIAN TESTIMONY PHYSICIAN VERIFICATION FORM Non-record proceeding Record proceeding October 2, 2012

FORM & NOTICE Substance of form What are you asking of the doc Use of form in record proceeding Evidence and due process issues October 2, 2012

COMMENTS DRAP SUPPORT HEARING OFFICER LITIGATOR JUDGE STRASSBURGER, author of opinion in Summers v. Summers October 2, 2012

Recommendation 116 GUIDELINE REVIEW Required every 4 years By PA statute By Federal regulations Assess Recent economic data on child-rearing costs Data from case files to assure limited deviations October 2, 2012

GUIDELINE REPORT Income Shares Model - 38 states Case File Review cases new and modified orders October 2, 2012

HIGHLIGHTS Prior data: 50,000 establishment 50,000 modifications Current data: 39,000 establishment 178,000 modifictions October 2, 2012

HIGHLIGHTS Deviation rate remains at 15-18% Lower than neighboring states at 23% Most deviations downward 70% October 2, 2012

HIGHLIGHTS One parent has primary custody in 99% of new orders; 98% in modified orders Split custody in 1% Equal custody in 1% Substantial custody in 9% October 2, 2012

HIGHLIGHTS Females have primary custody 83% of new orders; 91% modified orders Increase in number of grandparents and non-parents One child 70% in new orders; 64% modified orders Two children 22% in new orders; 26% modified orders October 2, 2012

HIGHLIGHTS Obligor income –4% below self-support reserve –14% exceed $3,500 per month –26% - 28% between $868 and $1,250 Obligee income –27% at zero income –28% low income (under $1,250) October 2, 2012

BOTTOM LINE Updated schedules based on 2011 and 2012 data Changes for extemely low and high incomes –Minimum orders eliminated in low income cases –Gradual transition in high income cases Revised time sharing adjustment October 2, 2012

COURT REVIEW Rec 98 PFA weapons return Rec 104 Parenting Coordinators Rec 115 Custody Statute October 2, 2012

Published for Comment Rec 115 Pre-trial procedures in custody cases (2 nd publication) Rec 120 PFA discontinuance (2 nd publication) Rec 122 Self-represented party entry of appearance October 2, 2012

RULES COMMITTEE WEBSITE AOPC

October 2, 2012 Patricia A. Miles, Esq. Counsel, Domestic Relations Procedural Rules Committee Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 6200 P.O. Box Harrisburg, PA