2008 Support Update

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

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

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

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 ....

Governor Sarah Palin

Wieland v. Wieland , 2008 Pa.Super. 98 (Pa.Super. 2008) Mother Child Husband Putative Father/ Intervenor

Style v. Shaub, 2008 WL 3272049 (Pa.Super. 2008)
Liability for Support of Disabled Adult Child

Colonna v. Colonna, No. 609 WDA 2007 (January 3, 2008)
Child Support for Noncustodial Parent

Colonna v. Colonna
On remand, trial court awarded support to Mother
One-half of the difference between her monthly housing expense and 25% of her net monthly income
Superior Court vacated and remanded
Mother did not meet her burden of proof
Mother, not Father, had superior housing

Colonna v. Colonna
Father argued that 75%-25% disparity in incomes did not mandate support order
Superior Court: “significant disparity” does not require a deviation from guidelines
Father argued that the deviation for housing expense should end when Mother moved out; Superior Court agreed

Recommendation 91
Eliminate Melzer in high-income cases
Eliminate Mascaro (high-income APL)
Overrule Isralsky (mortgage subsidy)

Recommendation 91
Eliminate Melzer in high-income child support cases
Extend guidelines chart up to $30,000/month
Extrapolate above $30,000
Example : $2,756 + 5.6% of net income exceeding $30,000 per month for one child

Recommendation 91
Eliminate Mascaro in high-income APL and spousal support cases
Needs-based (11 factors, like alimony)
Not less than formula if combined incomes were $30,000
Not greater than 30% of income differential with dependent children or 40% without

Recommendation 91
Overrule Isralsky
No mortgage subsidy after the final resolution of the claims in divorce
Isralsky granted mortgage subsidy as part of child support where custodial parent remained in the marital residence after divorce

Recommendation 91
Involuntary reduction of income – no reduction of support unless willful
No earning capacity greater than one full time job
No shared custody adjustment, split or divided custody offset, or APL/CS offset in high-income cases

 2008 Brian C. Vertz bvsource.com [email_address]

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2008 Support Update

by Brian Vertz on Oct 24, 2008

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2008 Support Update — Presentation Transcript