october 2, 2012 rules update drap conference oct. 2, 2012 vivian appel, esq. family court...
DESCRIPTION
October 2, 2012 CLARIFICATION When there are diverse practices across the state, rules are used to create uniform procedures.TRANSCRIPT
October 2, 2012
RULES UPDATEDRAP 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
October 2, 2012
2011
• 15 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 publishedAll comments reviewed & discussed
Personal appearance by DRAP reps
October 2, 2012
Recommendation 117
• 1910.3 Parties. Obligor. ObligeeAn 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 117
• 1910.19(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 1910.25
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 FORMNon-record proceedingRecord proceeding
October 2, 2012
FORM & NOTICE
• Substance of formWhat 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 - 2000 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 (2nd publication)
• Rec 120 PFA discontinuance (2nd publication)
• Rec 122 Self-represented party entry of appearance
October 2, 2012
October 2, 2012
RULES COMMITTEE WEBSITEAOPC
October 2, 2012
Patricia A. Miles, Esq.Counsel, Domestic Relations Procedural
Rules CommitteePennsylvania Judicial Center
601 Commonwealth Avenue, Suite 6200P.O. Box 62635
Harrisburg, PA [email protected]