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

Case Law Update

Recommendation 91 Proposed Changes – Support Guidelines

Processing a PACSES Order

Celebrity Divorce Update Guy Richie vs. Madonna

Guy Richie vs. Madonna

Conroy v. Rosenwald 940 A.2d 409 (Pa.Super.2007) No “poisonous tree”

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

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.... ?!

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 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

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

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

Christie Brinkley v. Peter Cook

J.F. v. D.B. , 941 A.2d 718 (Pa.Super. 2008) The Brady Bunch: 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”

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

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”?

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

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

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

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

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 ....

(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 ....

Celebrity Divorce Update Governor Sarah Palin

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

Liability for Support of Disabled Adult Child

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

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

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

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)

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

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

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

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

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]