PRINTER'S NO. 3524
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2506
Session of
2024
INTRODUCED BY SCHLEGEL, KRUPA, ROAE, DIAMOND, KAUFFMAN, JOZWIAK
AND ROWE, JULY 23, 2024
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JULY 23, 2024
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in support matters generally, further
providing for support guideline; and, in child custody,
further providing for definitions, for award of custody and
for presumption in cases concerning primary physical custody.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4322(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4322. Support guideline.
(a) Statewide guideline.--Child and spousal support shall be
awarded pursuant to a Statewide guideline as established by
general rule by the Supreme Court, so that persons similarly
situated shall be treated similarly. The guideline shall be
based upon the reasonable needs of the child or spouse seeking
support and the ability of the obligor to provide support. In
determining the reasonable needs of the child or spouse seeking
support and the ability of the obligor to provide support, the
guideline shall place primary emphasis on the [net incomes and]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
earning capacities of the parties, with allowable deviations for
unusual needs, extraordinary expenses and other factors, such as
the parties' assets, as warrant special attention. The guideline
so developed shall be reviewed at least once every four years.
* * *
Section 2. Section 5322(a) of Title 23 is amended by adding
a definition to read:
§ 5322. Definitions.
(a) This chapter.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
* * *
"Equal parenting time." As close as practicable to 50% of
time spent with each parent, but in no case exceeding 60% of
time spent with either parent.
* * *
Section 3. Sections 5323(d) and 5327(a) of Title 23 are
amended to read:
§ 5323. Award of custody.
* * *
(d) Reasons for award.--The court shall delineate the
reasons for its decision [on the record in open court or in a
written opinion or order.] in an award of custody, including an
interim award, in a written opinion or order. The opinion or
order shall include, with specificity, the reasons for any
deviation from equal parenting time.
* * *
§ 5327. Presumption in cases concerning primary physical
custody.
(a) Between parents.--In any action regarding the custody of
20240HB2506PN3524 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the child between the parents of the child, there shall be [no
presumption that custody should be awarded to a particular
parent.] a rebuttable presumption that equal parenting time is
in the best interest of the child, which may be overcome if:
(1) the court finds, by clear and convincing evidence,
that equal parenting time is not in the best interest of the
child;
(2) the parents have reached an agreement on all matters
related to the custody of the child; or
(3) one of the parents does not request equal parenting
time.
* * *
Section 4. This act shall take effect in 60 days.
20240HB2506PN3524 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13