The Self-Support Reserve and High Incomes in Pennsylvania

By the FigureMyTax Editorial Team · How we calculate

Pennsylvania protects low-income obligors with a $1,255 self-support reserve built into the schedule’s shaded area, and above $30,000 of combined net income uses a preliminary percentage formula that the court adjusts for the child’s reasonable needs.

The self-support reserve

The SSR is the minimum monthly net income reserved to the obligor to meet basic needs, $1,255 a month. If the obligor’s monthly net income and the number of children fall in the shaded area of the schedule, the basic child support obligation is the lesser of two calculations: the schedule at the obligor’s own net income and the number of children, and the formula on the combined net income. If the obligor’s income is at or below the SSR, support may be awarded only after considering the parties’ actual resources and living expenses (Pa.R.Civ.P. 1910.16-2(e)).

An example

An obligor with $1,400 of net income and an obligee with $3,000, two children: the formula gives $480, but the schedule at $1,400 for two children is $132, so the obligation is $132. With $2,000 against $3,000 the schedule on the obligor’s income is $678, higher than the formula’s $652, so the formula applies.

The shaded area

On the schedule the reserve is built in as a sliding scale at the lowest incomes, where the amounts rise by about 90% of each added dollar of income above $1,255 until the unadjusted amount is lower: through $1,650 for one child, $2,050 for two, $2,300 for three, $2,550 for four, $2,800 for five and $3,100 for six. The rule’s shaded area is the one the schedule publishes.

Spousal support and the reserve

When spousal support or alimony pendente lite is also awarded, it cannot take the obligor below the reserve, and if the obligor’s income after spousal support falls in the shaded area, no spousal support is awarded and child support follows the low-income rule.

High incomes

If combined monthly net income is more than $30,000, the court first applies a preliminary formula: for two children $4,981 plus 4.0% of the combined income above $30,000 (one child $3,749 plus 4.0%; three $5,803 plus 4.7%; four $6,482 plus 5.3%; five $7,130 plus 5.8%; six $7,750 plus 6.3%). It then adjusts for the child’s reasonable needs, with a presumptive minimum equal to the $30,000 amount (Pa.R.Civ.P. 1910.16-3.1). Nets of $30,000 and $10,000 give a preliminary $4,036 for two children.

Documents to gather

Pay records, proof of any earning capacity issues and expense statements for a high-income case.

Earning capacity

If the obligor is voluntarily unemployed or underemployed the court can impute an earning capacity, and the reserve is then applied to that figure.

Frequently asked questions

Official sources

• Pa.R.Civ.P. 1910.16-3: Basic Child Support Schedule
• Pa.R.Civ.P. 1910.16-4: calculation of support obligation, formula
• Pa.R.Civ.P. 1910.16-2: calculation of monthly net income and self-support reserve
• Pa.R.Civ.P. 1910.16-3.1: high-income cases

This is general information, not legal advice. It is based on the cited Pennsylvania statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Pennsylvania attorney.