Child Support, Spousal Support and APL Brian C. Vertz ESQ, MBA Pollock Begg Komar Glasser LLC Pittsburgh BVSource.com

Estate of Johnson, 970 A.2d 433 (Pa.Super. 2009) Post Mortem Child Support Settlement Agreement Child Support Ends at Age 18 Agreement Binding on Heirs Pages 1-3 BVSource.com

Post Mortem Child Support

Settlement Agreement

Child Support Ends at Age 18

Agreement Binding on Heirs

Estate of Johnson, 970 A.2d 433 (Pa.Super. 2009) Superior Court held: Agreement did not explicitly terminate child support upon a parent’s death State law terminating child support could not be inferred in the contract But Social Security derivative benefit satisfied the obligation BVSource.com

Superior Court held:

Agreement did not explicitly terminate child support upon a parent’s death

State law terminating child support could not be inferred in the contract

But Social Security derivative benefit satisfied the obligation

Estate of Johnson, 970 A.2d 433 (Pa.Super. 2009) Practice tips: Scrutinize boilerplate language Specify when child support ends and consider life insurance as security College support provisions must be sufficiently definite Is post-mortem child support modifiable? BVSource.com

Practice tips:

Scrutinize boilerplate language

Specify when child support ends and consider life insurance as security

College support provisions must be sufficiently definite

Is post-mortem child support modifiable?

Murphy v. McDermott, 2009 WL 2365992 (Pa.Super. 2009) 2 years of parochial pre-school Father paid – reluctantly but voluntarily Interim support order, incl. tuition Father refused to pay kindergarten Final support hearing – too late to object Pages 4-5 BVSource.com

2 years of parochial pre-school

Father paid – reluctantly but voluntarily

Interim support order, incl. tuition

Father refused to pay kindergarten

Final support hearing – too late to object

Murphy v. McDermott, 2009 WL 2365992 (Pa.Super. 2009) Gibbons v. Kugle (2006) Whether child will benefit Standard of living Is parochial or private school always better than public? BVSource.com

Gibbons v. Kugle (2006)

Whether child will benefit

Standard of living

Is parochial or private school always better than public?

Murphy v. McDermott, 2009 WL 2365992 (Pa.Super. 2009) Dissent: Judge Fitzgerald Would create a presumption that public school is good enough unless shown to be manifestly deficient BVSource.com

Dissent: Judge Fitzgerald

Would create a presumption that public school is good enough unless shown to be manifestly deficient

Murphy v. McDermott, 2009 WL 2365992 (Pa.Super. 2009) Practice tips: Litigate school choice in custody forum before it arises in support court Status quo matters Stock options and capital gains cannot be projected if non-recurring Employer 401K contributions must be tax-affected BVSource.com

Practice tips:

Litigate school choice in custody forum before it arises in support court

Status quo matters

Stock options and capital gains cannot be projected if non-recurring

Employer 401K contributions must be tax-affected

Fisher v. Com ., 2008 WL 6693399 (Supreme Ct., August 17, 2009) Appeal dismissed as moot Dissent: Justices Eakin/McCaffery Divorce Code definition of “income” should not prevent Dept. of Corrections from invading gift money to collect delinquent child support Enforcement not restricted to “income” Page 6 BVSource.com

Appeal dismissed as moot

Dissent: Justices Eakin/McCaffery

Divorce Code definition of “income” should not prevent Dept. of Corrections from invading gift money to collect delinquent child support

Enforcement not restricted to “income”

Krebs v. Krebs (“Krebs II”), 2009 WL 1759726 (Pa.Super. 2009) Retroactive modification of support was granted in Krebs I due to failure to report increased income No new job No promotion Remanded to calculate arrears, interest and legal fees Pages 6-8 BVSource.com

Retroactive modification of support was granted in Krebs I due to failure to report increased income

No new job

No promotion

Remanded to calculate arrears, interest and legal fees

Krebs v. Krebs (“Krebs II”), 2009 WL 1759726 (Pa.Super. 2009) $15,000+ in legal fees to collect $72,000 child support Trial court awarded $5,000 Superior Court granted 100% BVSource.com

$15,000+ in legal fees to collect $72,000 child support

Trial court awarded $5,000

Superior Court granted 100%

Krebs v. Krebs (“Krebs II”), 2009 WL 1759726 (Pa.Super. 2009) Dissent: Klein Not agree with overruling the trial court’s factual finding - fees were “excessive” Remand would merely cause parties to incur more fees BVSource.com

Dissent: Klein

Not agree with overruling the trial court’s factual finding - fees were “excessive”

Remand would merely cause parties to incur more fees

Krebs v. Krebs (“Krebs II”), 2009 WL 1759726 (Pa.Super. 2009) Practice tips: Reporting income changes is crucial Citing torturous history may lead to 100% award of legal fees BVSource.com

Practice tips:

Reporting income changes is crucial

Citing torturous history may lead to 100% award of legal fees

Rich v. Rich, 967 A.2d 400 (Pa.Super. 2009) Melzer child support Mother had moderate lifestyle after separation No budget (or, vague budget) Mother had no income, so Father was responsible for 100% children’s expenses Pages 8-11 BVSource.com

Melzer child support

Mother had moderate lifestyle after separation

No budget (or, vague budget)

Mother had no income, so Father was responsible for 100% children’s expenses

Rich v. Rich, 967 A.2d 400 (Pa.Super. 2009) Father’s issues on appeal Wife should be estopped from asserting credit card expenses because she did not present enough evidence Budget should be cut 25% when eldest of 4 children goes to college Mother should repay the overpayment faster than $4,000 per month BVSource.com

Father’s issues on appeal

Wife should be estopped from asserting credit card expenses because she did not present enough evidence

Budget should be cut 25% when eldest of 4 children goes to college

Mother should repay the overpayment faster than $4,000 per month

Rich v. Rich, 967 A.2d 400 (Pa.Super. 2009) Wife’s issues: Support order < 2% of Father’s income Mother had received $10,000/month spending money during marriage Presumptive minimum guideline would be closer to 15% of Father’s income BVSource.com

Wife’s issues:

Support order < 2% of Father’s income

Mother had received $10,000/month spending money during marriage

Presumptive minimum guideline would be closer to 15% of Father’s income

Rich v. Rich, 967 A.2d 400 (Pa.Super. 2009) Practice tips: Quantitative evidence may be more persuasive than qualitative evidence No “per capita” in Melzer cases Should the lawyer tell a spouse to go on a spending spree upon separation? BVSource.com

Practice tips:

Quantitative evidence may be more persuasive than qualitative evidence

No “per capita” in Melzer cases

Should the lawyer tell a spouse to go on a spending spree upon separation?

Plunkard v. McConnell, 962 A.2d 1227 (Pa.Super. 2008) Child Support Arrears Pre-incarceration arrears Arrears during incarceration 2006 amendments – Rule 1910.19(f) Court may suspend obligation and forgive arrearages Pages 11-12 BVSource.com

Child Support Arrears

Pre-incarceration arrears

Arrears during incarceration

2006 amendments – Rule 1910.19(f)

Court may suspend obligation and forgive arrearages

R.C. v. J.S., 957 A.2d 759 (Pa.Super. 2008) Child Admitted to Mental Health Facility Mother continued to collect child support Physical custody not required to file a support action Page 12 BVSource.com

Child Admitted to Mental Health Facility

Mother continued to collect child support

Physical custody not required to file a support action

R.W.E. v. A.B.K., 961 A.2d 161 (Pa.Super. 2008) Mother’s live-in boyfriend was named on birth certificate and supported child Real father was never informed Mother got an interim support order against her live-in boyfriend Father’s paternity was revealed in custody battle between Mother and her live-in boyfriend Pages 13-14 BVSource.com

Mother’s live-in boyfriend was named on birth certificate and supported child

Real father was never informed

Mother got an interim support order against her live-in boyfriend

Father’s paternity was revealed in custody battle between Mother and her live-in boyfriend

R.W.E. v. A.B.K., 961 A.2d 161 (Pa.Super. 2008) Superior Court held: Father was not estopped from challenging the birth certificate Live-in boyfriend could not assert paternity by estoppel as a sword Interim support order was nullity because it was entered after appeal was filed BVSource.com

Superior Court held:

Father was not estopped from challenging the birth certificate

Live-in boyfriend could not assert paternity by estoppel as a sword

Interim support order was nullity because it was entered after appeal was filed

Kozel v. Kozel, No. FD98-00761 (Allegheny Co., June 30, 2008) 10+ years of litigation Appeals exhausted Mother filed petition for modification of child support Mother alleged that her expenses had increased Pages 14-15 BVSource.com

10+ years of litigation

Appeals exhausted

Mother filed petition for modification of child support

Mother alleged that her expenses had increased

Kozel v. Kozel, No. FD98-00761 (Allegheny Co., June 30, 2008) Trial court dismissed petition for failure to state a claim (demurrer) Mother requested reconsideration: “All of Mother’s expenses from prior support proceeding have increased” BVSource.com

Trial court dismissed petition for failure to state a claim (demurrer)

Mother requested reconsideration:

“All of Mother’s expenses from prior support proceeding have increased”

Kozel v. Kozel, No. FD98-00761 (Allegheny Co., June 30, 2008) Practice tips: Petition for modification must give enough detail to prove materiality Petition for modification so soon after appeals may be viewed as an attempt to re-litigate issues What about “3 years have passed”? BVSource.com

Practice tips:

Petition for modification must give enough detail to prove materiality

Petition for modification so soon after appeals may be viewed as an attempt to re-litigate issues

What about “3 years have passed”?

Silver v. Pinskey, (2009 WL 2933760, September 15 2009) Superior Court en banc Social Security derivative benefits received by children’s father Equally shared physical custody BVSource.com

Superior Court en banc

Social Security derivative benefits received by children’s father

Equally shared physical custody

Topics on BV Source .com Components of Income Bonuses Executive Compensation Double dipping Melzer issues BVSource.com

Components of Income

Bonuses

Executive Compensation

Double dipping

Melzer issues