2007 PBI Family Law Update - Support

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Information about 2007 PBI Family Law Update - Support

Published on October 20, 2007

Author: bvertz

Source: slideshare.net

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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.

Child Support, Spousal Support and Alimony Pendente Lite Brian C. Vertz www.bvsource.com

 

Monster Support, Witch Support and Blood-Draining Spouses Brian C. Vertz www.bvsource.com

Jacob v. Shultz-Jacob , 923 A.2d 473 Two financially responsible parents (Mother and her partner) Two children adopted by Mother One child conceived by Mother with assistance of sperm donor

Two financially responsible parents (Mother and her partner)

Two children adopted by Mother

One child conceived by Mother with assistance of sperm donor

Jacob v. Shultz-Jacob , 923 A.2d 473 Mother sued Partner for child support Partner attempted to join Father as an indispensable party Trial court refused to join Father; reversed by Superior Court

Mother sued Partner for child support

Partner attempted to join Father as an indispensable party

Trial court refused to join Father; reversed by Superior Court

Mencer v. Ruch , 2007 Pa.Super.182 Brain-injured Father on welfare Special needs trust established after birth of child invested in income-producing annuity Income from trust = income for support Earning capacity

Brain-injured Father on welfare

Special needs trust established after birth of child

invested in income-producing annuity

Income from trust = income for support

Earning capacity

Krankowski v. O’Neil , 207 Pa.Super.179 Autistic and mentally retarded child Father civilian employee of U.S. Dept. of Defense, stationed in Germany Trial court counted “living quarter allowance” and “post allowance” as income; affirmed by Superior Court Nurturing parent doctrine

Autistic and mentally retarded child

Father civilian employee of U.S. Dept. of Defense, stationed in Germany

Trial court counted “living quarter allowance” and “post allowance” as income; affirmed by Superior Court

Nurturing parent doctrine

Reinert v. Reinert , 926 A.2d 539 Mother had partial custody of child Mother engaged to be married, high risk pregnancy Mother did not return to work; on welfare Trial court applied nurturing parent doctrine; affirmed

Mother had partial custody of child

Mother engaged to be married, high risk pregnancy

Mother did not return to work; on welfare

Trial court applied nurturing parent doctrine; affirmed

Grigoruk v. Grigoruk , 912 A.2d 311 Mother terminated from job due to willful misconduct, found lower-paying job Mother sought modification - child support Three year review Prior support order contained APL offset Earning capacity

Mother terminated from job due to willful misconduct, found lower-paying job

Mother sought modification - child support

Three year review

Prior support order contained APL offset

Earning capacity

Gibbons v. Kugle , 908 A.2d 916 Private school tuition No marital history; both children were pre-school aged when parents separated Post-separation, both kids attended public school Trial court ordered children to parochial school; affirmed

Private school tuition

No marital history; both children were pre-school aged when parents separated

Post-separation, both kids attended public school

Trial court ordered children to parochial school; affirmed

Kraisinger v. Kraisinger , 2007 Pa.Super. 197 Marital settlement agreement Wife waived child support Husband agreed to pay family support and Wife’s mortgage (or substitute payment) Wife sought increase in child support Husband attempted to enforce agreement Roberts v. Furst, 561 A.2d 802 (1989)

Marital settlement agreement

Wife waived child support

Husband agreed to pay family support and Wife’s mortgage (or substitute payment)

Wife sought increase in child support

Husband attempted to enforce agreement

Roberts v. Furst, 561 A.2d 802 (1989)

Kraisinger v. Kraisinger , 2007 Pa.Super. 197 Modification of contractual support - Roberts v. Furst Made without fraud or coercion Fair and reasonable No prejudice to the children’s welfare Mortgage payment: support or property?

Modification of contractual support - Roberts v. Furst

Made without fraud or coercion

Fair and reasonable

No prejudice to the children’s welfare

Mortgage payment: support or property?

Kraisinger v. Kraisinger , 2007 Pa.Super. 197 Trial Court: mortgage payments were part of property settlement Required to pay even if farm was sold Duration not associated with children Unfettered discretion to spend money When mortgage payments were excluded, the agreement was below guidelines

Trial Court: mortgage payments were part of property settlement

Required to pay even if farm was sold

Duration not associated with children

Unfettered discretion to spend money

When mortgage payments were excluded, the agreement was below guidelines

Kraisinger v. Kraisinger , 2007 Pa.Super. 197 Nurturing parent doctrine Imputed interest on gain from sale of farm Loss on rental Depreciation Legal Fees

Nurturing parent doctrine

Imputed interest on gain from sale of farm

Loss on rental

Depreciation

Legal Fees

Shields v. Shields , 927 A.2d 206 Allocatur granted by Supreme Court Issues: Modification of child support provisions of a marital settlement agreement where there is an unforeseen change in custody

Allocatur granted by Supreme Court

Issues:

Modification of child support provisions of a marital settlement agreement where there is an unforeseen change in custody

Ney v. Ney , 917 A.2d 863 Father reduced his working hours and salary to become a full-time parent Mother attempted to prevent increase in her child support payment by arguing that Father voluntarily reduced his income and

Father reduced his working hours and salary to become a full-time parent

Mother attempted to prevent increase in her child support payment by arguing that Father voluntarily reduced his income and

Bulgarelli v. Bulgarelli , 2007 WL 2793125 2001 Marital Settlement Agreement incorporating an existing support order Subsequent modification under guidelines 50/50 shared custody Now combined income > $20,000 per mo.

2001 Marital Settlement Agreement

incorporating an existing support order

Subsequent modification under guidelines

50/50 shared custody

Now combined income > $20,000 per mo.

Bulgarelli v. Bulgarelli , 2007 WL 2793125 Melzer analysis: $ 7,795 (6,876) (10,134**) (7,387) Children’s Expense $17,929 $ 511 Left over ( 3,378*) (2,313) Personal Expenses $21,307 $2,824 Income Father Mother

Melzer analysis:

Bulgarelli v. Bulgarelli , 2007 WL 2793125 Revised Melzer analysis: $ 8,194 [sic] (4,920) ( 8,545) (5,524) Children’s Expense $18,739 [sic] $ 604 Left over ( 3,568) (2,220) Personal Expenses $21,307 $2,824 Income Father Mother

Revised Melzer analysis:

Bulgarelli v. Bulgarelli , 2007 WL 2793125 Presumptive minimum guideline: $2,061 Combined net incomes: $24,131 exceeds guidelines by $4,131 Melzer child support: $5,045 exceeds guidelines by $2,984 Total Income for Mother: $7,869 (4 pp.) Total Income for Father: $16,262 (7 pp.)

Presumptive minimum guideline: $2,061

Combined net incomes: $24,131

exceeds guidelines by $4,131

Melzer child support: $5,045

exceeds guidelines by $2,984

Total Income for Mother: $7,869 (4 pp.)

Total Income for Father: $16,262 (7 pp.)

Robinson-Austin v. Robinson-Austin , 921 A.2d 1246 Settlement agreement Father to pay child support until child was emancipated Child attending GED program past age 18 Child support not terminated; affirmed Appeal frivolous; award of legal fees

Settlement agreement

Father to pay child support until child was emancipated

Child attending GED program past age 18

Child support not terminated; affirmed

Appeal frivolous; award of legal fees

Busse v. Busse , 921 A.2d 1248 Change in accounting method From cash method to accrual method Double dipping Withdrawal of corporate funds Legal Fees 42 Pa.C.S. 2503 23 Pa.C.S. 4352 23 Pa.C.S. 3702

Change in accounting method

From cash method to accrual method

Double dipping

Withdrawal of corporate funds

Legal Fees

42 Pa.C.S. 2503

23 Pa.C.S. 4352

23 Pa.C.S. 3702

Change in Accounting Method Cash method Revenue recognized when cash received Expense recognized when cash paid Accrual method Revenue recognized when earned Expense matched to revenues

Cash method

Revenue recognized when cash received

Expense recognized when cash paid

Accrual method

Revenue recognized when earned

Expense matched to revenues

Change in Accounting Method Change in Revenues inventories accounts receivable Change in Expenses accounts payable

Change in Revenues

inventories

accounts receivable

Change in Expenses

accounts payable

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