Support Law Update 2008 Brian C. Vertz, Esq., MBA, AVA Pollock Begg Komar Glasser LLC BVsource.com
Support Law Update 2008
Case Law Update
Recommendation 91 Proposed Changes – Support Guidelines
Processing a PACSES Order
Celebrity Divorce Update
Guy Richie vs. Madonna
Conroy v. Rosenwald 940 A.2d 409 (Pa.Super.2007)
No “poisonous tree”
Conroy v. Rosenwald Jennifer Conroy Michael Guinan (live-in boyfriend)_ Glen Rosenwald (boss) child
Conroy v. Rosenwald
Remand: hearing on estoppel defense
Reinstated support order prospectively
Denied retroactivity prior to paternity test
Superior Court affirmed
Ferguson v. McKiernan 940 A.2d. 1236 (Pa.2007)
Parents May Not Waive Child Support.... ?!
Ferguson v. McTiernan
Mother conceived child with Sperm Donor (her former boyfriend) by IVF procedure
Assured boyfriend that his role would be kept confidential
Agreed to waive child support in exchange for donor’s waiver of custody rights
Told clinic that donor was her husband
Ferguson v. McTiernan
Mother sued donor for child support
Donor’s defense: contractual waiver
Trial court granted child support
Superior Court affirmed
Cannot bargain away a child’s right to support
Supreme Court vacated and remanded
Ferguson v. McTiernan
Supreme Court upheld the contract, including Mother’s waiver of support
Supreme Court distinguished anonymous clinical donations from sexual conceptions in a relationship or one-time encounter
Exception to the rule that a parent cannot bargain away a child’s right to support
Celebrity Divorce Update
Christie Brinkley v. Peter Cook
J.F. v. D.B. , 941 A.2d 718 (Pa.Super. 2008)
The Brady Bunch: 2008
J.F. v. D.B. Father Triplet 1 Surrogate Father’s Girlfriend Surrogate’s Husband Egg Donor Triplet 2 Triplet 3
Kotzbauer v. Kotzbauer , 937 A.2d 487 (Pa.Super. 2007)
aka “The Deer Hunter”
Kotzbauer v. Kotzbauer
Epileptic: seizure disorder, migraines, memory loss
Full time student, part time job
Driving, deer hunting, dancing
No medical testimony
Sirio v. Sirio 2008 Pa.Super.133 (2008)
What are “reasonable needs”?
Sirio v. Sirio
Equally shared physical custody
Combined income of $20,538/month
Mother had no left-over income
Father ordered to pay 100% of children’s reasonable needs in Mother’s care
Held: historical expenditures are not necessarily reasonable needs
Krebs v. Krebs , 944 A.2d 487 (Pa.Super. 2008)
Retroactive Modification of Child Support
Krebs v. Krebs
2001: Father’s income increased
2004: Mother eligible for 3 year review
Trial court granted modification retroactive to 2004 but not 2001
Superior Court: Mother entitled to receive modification back to 2001
Faust v. Walker , 945 A.2d 212 (Pa.Super. 2008)
Personal Injury proceeds
Faust v. Walker
(a) General rule.-- Overdue support shall be a lien by operation of law against the net proceeds of any monetary award, as defined in subsection (i) ....
(i) Definitions.--
"Net proceeds." Moneys in excess of $5,000 payable to a prevailing party or beneficiary . . . after payment of attorney fees, witness fees, court costs, reasonable litigation expenses, documented unpaid expenses incurred for medical treatment causally related to the claim ....
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