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Presented by Brian C. Vertz, Esq., MBA, AVA at Pennsylvania Bar Institute's 2007 Family Law Update in Pittsburgh and by satellite broadcast. Describes current issues in child support, spousal support and alimony pendente lite.
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Child Support, Spousal Support Child Support, Spousal Support and Alimony Pendente Liteand Alimony Pendente Lite
Brian C. VertzBrian C. Vertz
www.bvsource.comwww.bvsource.com
Monster Support, Witch Support Monster Support, Witch Support and Blood-Draining Spousesand Blood-Draining Spouses
Brian C. VertzBrian C. Vertz
www.bvsource.comwww.bvsource.com
Jacob v. Shultz-JacobJacob v. Shultz-Jacob, 923 A.2d 473, 923 A.2d 473
Two financially responsible parents Two financially responsible parents (Mother and her partner)(Mother and her partner)
Two children adopted by MotherTwo children adopted by Mother
One child conceived by Mother with One child conceived by Mother with assistance of sperm donorassistance of sperm donor
Jacob v. Shultz-JacobJacob v. Shultz-Jacob, 923 A.2d 473, 923 A.2d 473
Mother sued Partner for child supportMother sued Partner for child support
Partner attempted to join Father as an Partner attempted to join Father as an indispensable partyindispensable party
Trial court refused to join Father; reversed Trial court refused to join Father; reversed by Superior Courtby Superior Court
Mencer v. RuchMencer v. Ruch, 2007 Pa.Super.182, 2007 Pa.Super.182
Brain-injured Father on welfareBrain-injured Father on welfare
Special needs trust established after birth Special needs trust established after birth of childof child– invested in income-producing annuityinvested in income-producing annuity
Income from trust = income for supportIncome from trust = income for support
Earning capacityEarning capacity
Krankowski v. O’NeilKrankowski v. O’Neil, 207 Pa.Super.179, 207 Pa.Super.179
Autistic and mentally retarded childAutistic and mentally retarded child
Father civilian employee of U.S. Dept. of Father civilian employee of U.S. Dept. of Defense, stationed in GermanyDefense, stationed in Germany
Trial court counted “living quarter Trial court counted “living quarter allowance” and “post allowance” as allowance” and “post allowance” as income; affirmed by Superior Courtincome; affirmed by Superior Court
Nurturing parent doctrine Nurturing parent doctrine
Reinert v. ReinertReinert v. Reinert, 926 A.2d 539, 926 A.2d 539
Mother had partial custody of childMother had partial custody of child
Mother engaged to be married, high risk Mother engaged to be married, high risk pregnancypregnancy
Mother did not return to work; on welfareMother did not return to work; on welfare
Trial court applied nurturing parent Trial court applied nurturing parent doctrine; affirmeddoctrine; affirmed
Grigoruk v. GrigorukGrigoruk v. Grigoruk, 912 A.2d 311, 912 A.2d 311
Mother terminated from job due to willful Mother terminated from job due to willful misconduct, found lower-paying jobmisconduct, found lower-paying job
Mother sought modification - child supportMother sought modification - child support– Three year reviewThree year review– Prior support order contained APL offsetPrior support order contained APL offset
Earning capacityEarning capacity
Gibbons v. KugleGibbons v. Kugle, 908 A.2d 916, 908 A.2d 916
Private school tuitionPrivate school tuition
No marital history; both children were pre-No marital history; both children were pre-school aged when parents separatedschool aged when parents separated
Post-separation, both kids attended public Post-separation, both kids attended public schoolschool
Trial court ordered children to parochial Trial court ordered children to parochial school; affirmedschool; affirmed
Kraisinger v. KraisingerKraisinger v. Kraisinger, 2007 Pa.Super. 197, 2007 Pa.Super. 197
Marital settlement agreementMarital settlement agreement– Wife waived child supportWife waived child support– Husband agreed to pay family support and Husband agreed to pay family support and
Wife’s mortgage (or substitute payment)Wife’s mortgage (or substitute payment)
Wife sought increase in child supportWife sought increase in child support
Husband attempted to enforce agreementHusband attempted to enforce agreement– Roberts v. Furst, 561 A.2d 802 (1989)Roberts v. Furst, 561 A.2d 802 (1989)
Kraisinger v. KraisingerKraisinger v. Kraisinger, 2007 Pa.Super. 197, 2007 Pa.Super. 197
Modification of contractual support - Modification of contractual support - Roberts v. FurstRoberts v. Furst– Made without fraud or coercionMade without fraud or coercion– Fair and reasonableFair and reasonable– No prejudice to the children’s welfareNo prejudice to the children’s welfare
Mortgage payment: support or property?Mortgage payment: support or property?
Kraisinger v. KraisingerKraisinger v. Kraisinger, 2007 Pa.Super. 197, 2007 Pa.Super. 197
Trial Court: mortgage payments were part Trial Court: mortgage payments were part of property settlementof property settlement– Required to pay even if farm was soldRequired to pay even if farm was sold– Duration not associated with childrenDuration not associated with children– Unfettered discretion to spend moneyUnfettered discretion to spend money
When mortgage payments were excluded, When mortgage payments were excluded, the agreement was below guidelines the agreement was below guidelines
Kraisinger v. KraisingerKraisinger v. Kraisinger, 2007 Pa.Super. 197, 2007 Pa.Super. 197
Nurturing parent doctrineNurturing parent doctrine
Imputed interest on gain from sale of farmImputed interest on gain from sale of farm
Loss on rentalLoss on rental
DepreciationDepreciation
Legal FeesLegal Fees
Shields v. ShieldsShields v. Shields, 927 A.2d 206, 927 A.2d 206
AllocaturAllocatur granted by Supreme Court granted by Supreme Court
Issues:Issues:– Modification of child support provisions of a Modification of child support provisions of a
marital settlement agreement where there is marital settlement agreement where there is an unforeseen change in custodyan unforeseen change in custody
Ney v. NeyNey v. Ney, 917 A.2d 863 , 917 A.2d 863
Father reduced his working hours and Father reduced his working hours and salary to become a full-time parentsalary to become a full-time parent
Mother attempted to prevent increase in Mother attempted to prevent increase in her child support payment by arguing that her child support payment by arguing that Father voluntarily reduced his income andFather voluntarily reduced his income and
Bulgarelli v. BulgarelliBulgarelli v. Bulgarelli, 2007 WL 2793125, 2007 WL 2793125
2001 Marital Settlement Agreement2001 Marital Settlement Agreement– incorporating an existing support orderincorporating an existing support order
Subsequent modification under guidelinesSubsequent modification under guidelines
50/50 shared custody50/50 shared custody
Now combined income > $20,000 per mo.Now combined income > $20,000 per mo.
Bulgarelli v. BulgarelliBulgarelli v. Bulgarelli, 2007 WL 2793125, 2007 WL 2793125
MelzerMelzer analysis: analysis:
MotherMother FatherFather
IncomeIncome $2,824$2,824 $21,307$21,307
Personal Personal ExpensesExpenses
(2,313)(2,313) ( 3,378*)( 3,378*)
Left overLeft over $ 511$ 511 $17,929$17,929
Children’s Children’s ExpenseExpense
(7,387)(7,387) (10,134**)(10,134**)
(6,876)(6,876) $ 7,795$ 7,795
Bulgarelli v. BulgarelliBulgarelli v. Bulgarelli, 2007 WL 2793125, 2007 WL 2793125
RevisedRevised MelzerMelzer analysis: analysis:
MotherMother FatherFather
IncomeIncome $2,824$2,824 $21,307$21,307
Personal Personal ExpensesExpenses
(2,220)(2,220) ( 3,568)( 3,568)
Left overLeft over $ 604$ 604 $18,739 $18,739 [sic][sic]
Children’s Children’s ExpenseExpense
(5,524)(5,524) ( 8,545)( 8,545)
(4,920)(4,920) $ 8,194 $ 8,194 [sic][sic]
Bulgarelli v. BulgarelliBulgarelli v. Bulgarelli, 2007 WL 2793125, 2007 WL 2793125
Presumptive minimum guideline: $2,061Presumptive minimum guideline: $2,061
Combined net incomes: $24,131Combined net incomes: $24,131– exceeds guidelines by $4,131exceeds guidelines by $4,131
MelzerMelzer child support: $5,045 child support: $5,045– exceeds guidelines by $2,984exceeds guidelines by $2,984
Total Income for Mother: $7,869 (4 pp.)Total Income for Mother: $7,869 (4 pp.)
Total Income for Father: $16,262 (7 pp.)Total Income for Father: $16,262 (7 pp.)
Robinson-Austin v. Robinson-Robinson-Austin v. Robinson-AustinAustin, 921 A.2d 1246, 921 A.2d 1246
Settlement agreementSettlement agreement– Father to pay child support until child was Father to pay child support until child was
emancipatedemancipated
Child attending GED program past age 18Child attending GED program past age 18
Child support not terminated; affirmedChild support not terminated; affirmed
Appeal frivolous; award of legal feesAppeal frivolous; award of legal fees
Busse v. BusseBusse v. Busse, 921 A.2d 1248, 921 A.2d 1248
Change in accounting methodChange in accounting method– From cash method to accrual methodFrom cash method to accrual method
Double dippingDouble dipping– Withdrawal of corporate fundsWithdrawal of corporate funds
Legal FeesLegal Fees– 42 Pa.C.S. 250342 Pa.C.S. 2503– 23 Pa.C.S. 435223 Pa.C.S. 4352– 23 Pa.C.S. 370223 Pa.C.S. 3702
Change in Accounting MethodChange in Accounting Method
Cash methodCash method– Revenue recognized when cash receivedRevenue recognized when cash received– Expense recognized when cash paidExpense recognized when cash paid
Accrual methodAccrual method– Revenue recognized when earnedRevenue recognized when earned– Expense matched to revenuesExpense matched to revenues
Change in Accounting MethodChange in Accounting Method
Change in RevenuesChange in Revenues– inventoriesinventories– accounts receivableaccounts receivable
Change in ExpensesChange in Expenses– accounts payable accounts payable