Rule 1910.16-5.Support Guidelines. Deviation.

Comment. : The deviation applies to the total support obligation amount or duration, and not to the party’s monthly net income. Concerning subdivision (b)(9), ‘‘other relevant and appropriate factors,’’ may include, but are not limited to, maintaining a self-support reserve. For the expense statement to be completed if a deviation is sought, see Pa.R.Civ.P. 1910.11(c)(1)(ii)(A). Historical Commentary The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking: Explanatory Comment—2005 Rule 1910.16-5 sets forth the factors for deviation from the presumptive amount of support. Subdivision (c) and subsection (b)(8) permit the court to consider the length of the marriage in determining the amount and duration of a spousal support or alimony pendente lite award. The primary purpose of these provisions is to prevent the unfairness that arises in a short-term marriage when the obligor is required to pay support over a substantially longer period of time than the parties were married and there is little or no opportunity for credit for these payments at the time of equitable distribution. Explanatory Comment—2010 The provisions of subdivision (c), which provided that the court must consider the duration of the parties’ marriage in determining the duration of an award of spousal support or alimony pendente lite, were moved to new Rule 1910.16-1(c)(2). The duration of the marriage, from the date of marriage to the date of final separation, remains a factor to consider in determining whether or not deviation from the amount of the award is warranted.