courts: Rule 1910.11*. Support Conciliation.

Montgomery County, PA

P.O. Box 311, Norristown, PA 19404-0311
Courthouse Hours: 8:30a.m. to 4:15p.m.
Phone: 610-278-3000
Website: www.montcopa.org

Rule 1910.11*.         Support Conciliation

In order to encourage and effect settlement of differences over support,

especially where children are involved, and to promote the prompt entry of

support orders by agreement prior to the process as prescribed by Rule

1910.11 by which this court conducts all support proceedings, and to facilitate

such proceedings, the court hereby adopts Local Rule 1910.11*. Support

Conciliation. as follows:

(a)      A support conciliation shall be conducted by a support conciliator

employed by the Domestic Relations Section.

(b)      If the defendant fails to appear at the support conciliation before

the support conciliator as directed by the court, the support conciliation may proceed without the defendant.

(c)      At the support conciliation, the parties shall furnish to the

          support conciliator true copies of their most recent federal

          income tax returns, their pay stubs for the preceding six months,

          verification of child care expenses and proof of medical coverage

          which they may have or have available to them. In addition, they

          shall provide copies of their income and expense statements in

          the form required by Rule 1910.26(c), completed as set forth

          below.

(1)      For cases which can be determined according to the

guideline grids or formula, the income and expense

statement need show only income and extraordinary

expenses;

(2)      For cases which are decided according to Melzer v.

Witsberger, 480 A.2d 991 (1984), the entire income and

expense statement must be completed.

(d)      The support conciliator may make a recommendation to the

          parties of an amount of support which is calculated in

          accordance with the guidelines. If an agreement for support is

          reached at the support conciliation, the support conciliator shall

          prepare a written order substantially in the form set forth in Rule

          1910.26(e) and in conformity with the agreement for signature

          by the parties and submission to the court together with the

          support conciliator’s recommendation for approval or disapproval.

          The court may enter the order in accordance with the agreement

          without hearing the parties.

(e)      At the conclusion of the support conciliation or promptly

          thereafter, the support conciliator shall prepare a support

          conciliation summary and furnish copies to both parties. The

          support conciliation summary shall state:

(1)      the facts upon which the parties agree;

(2)      the contentions of the parties with respect to facts upon

which they disagree; and

(3)      the support conciliator’s recommendation, if any, of:

                             and by and for whom the 

(i)       the amount of support shall be paid, and

(ii)      the effective date of any order.

(f)      If an agreement for support is not reached at the support

          conciliation, the parties shall be given notice of the date,

          time and place of an office conference. The office conference

          shall be conducted by a Conference Officer in accordance

          with Rule 1910.11.

(g)      If an agreement for support is not reached at the support

conciliation:

(1)      the party seeking support may, pursuant to Rule 1910.25,

immediately apply to the court for a temporary support

order, prior to the office conference, to be effective only

until the entry of a subsequent agreed order or an interim

order following the office conference pursuant to Rule

1910.11(f). The agreed order or the interim order shall

supersede the temporary order;  or

(2)      a temporary support order may be entered by an

          agreement of the parties at the support conciliation, to

          be effective only until the entry of a subsequent agreed

          order or an interim order following the office conference

          pursuant to Rule 1910.11(f). The agreed order or the

          interim order shall supersede the agreed temporary order.