Earning Capacity Workshop

Course Description

This workshop is appropriate for conference officers, hearing officers, attorneys, and judges responsible for determining earning capacity (EC).

A key goal outlined by the Office of Child Support Enforcement (OCSE) in its the 2005 - 2009 Strategic Plan for the Title IV-D Child Support Enforcement (CSE) Program is to ensure that all children in IV-D cases receive financial support from parents as ordered. Achieving this goal involves establishing a fair and realistic support order that takes into consideration the variety of factors affecting the support case, including the need to determine a party’s income or EC at the beginning and at the time of modification of every support case. The assignment of EC for a party to the support action is a relatively common yet challenging task for the trier of fact. On one hand, basing the child support order on an EC is an attempt to ensure that the support obligation is determined fairly. On the other hand, engaging in a thorough analysis of all the required factors in determining an appropriate EC helps to ensure that a defendant can realistically meet the support order.

This workshop will focus on Federal, State, and local authorities (i.e., regulations, statutes, rules, procedures, policies, and case law) governing EC as it pertains to establishment of a support order. The intent is to assist triers of fact in arriving at income and support determination outcomes that:

• Comply with legal requirements
• Serve the interests of justice
• Result in the entry of enforceable support orders
• Achieve the OCSE strategic goal of collecting ordered child support

The presentation for the workshop includes practical application of EC concepts through discussion and analysis of case scenarios. The supporting workbook provided to participants contains the Participant’s Manual, case scenarios, income and case law appendices, flow charts, and an EC assignment checklist.

This workshop will:

• Review Title 23 of the Pennsylvania Consolidated Statutes (23 Pa. C.S) §4302 and Rule 1910.16-2(a) of the Pennsylvania Rules of Civil Procedure (Pa. R.C.P.), which define eligible types of income for support purposes
• Provide detailed analysis, job aids, discussion, and application exercises regarding:
  • Factors used when assigning an EC consistent with Pa. R.C.P. 1910.16-2(d)(4)
  • Case law pertaining to EC and how to apply it appropriately when determining income available for support purposes
  • Release from an EC
  • Realistic EC

3 hours

Course Level

Workshop These brief intensive educational programs are designed for a relatively small group of people and focus on techniques and skills in a particular field.