Arbet v. Arbet

863 A.2d 34, 2004 Pa. Super. 435, 2004 Pa. Super. LEXIS 4313
CourtSuperior Court of Pennsylvania
DecidedNovember 15, 2004
StatusPublished
Cited by25 cases

This text of 863 A.2d 34 (Arbet v. Arbet) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arbet v. Arbet, 863 A.2d 34, 2004 Pa. Super. 435, 2004 Pa. Super. LEXIS 4313 (Pa. Ct. App. 2004).

Opinion

OPINION BY

BENDER, J.:

¶ 1 Scott E. Arbet (Father) appeals from the April 16, 2004 amended order that required Father to pay child support for his and Renee N. Arbet’s (Mother) three [36]*36children.1 Father contends that the value of his employee benefits package and the interest from a non-marital annuity should not be considered income available for child support. He also argues that his support obligation was excessive in light of the parties’ actual incomes, expenses and living arrangements, and that the court should have considered Mother’s earning capacity rather than her actual income. We affirm.

¶ 2 Based upon testimony and evidence presented at a hearing held on January 22, 2004, the trial court set forth an extensive factual and procedural history of this case, which we reproduce here:

Father and Mother married in 1991. In December of 1992, their oldest child, Scott, was born. The next year while the parties lived in Iowa, Mother worked part time as a research associate and, having completed her education, was awarded a Ph.D. in pharmacology. Her work at that time was scheduled in accordance with childcare needs for Scott, and later Gregory, who was born in 1994. When the parties moved to Pennsylvania in 1995, Mother initially did not work outside the home. In 1996, the parties third child, Eric, was born. In the late 1990s, Mother worked full time for a local market research firm earning approximately Seventy Thousand Dollars ($70,000.0) per year while working approximately seventy (70) hours per week. During this period, Mother attempted to fit her professional schedule around the children’s childcare and other needs. In the spring of 1999, at the request of Father, Mother terminated that employment. In 2002, Mother worked briefly at Drug Emporium.
When Father permanently left the marital residence in approximately the beginning of 2003, Mother secured employment as a pharmacist with Lanke-nau Hospital, working a full week from approximately 8:30 p.m. to 7:30 a.m. every other week. Mother began this employment on February 2, 2003 and took it because it was the best job she could quickly find at a time when Mother’s financial resources were strained due to Father’s recent departure. Although Father had suggested a few companies where she might gain employment, Mother did not apply to them because she believed her qualifications did not merit acceptance. Her pharmacy degree exceeded the minimum qualifications necessary for the Lankenau position which aided her efforts to gain prompt employment there. Mother has [looked] and continues to look for another position.
Her current Lankenau nightshift hours earn her a higher rate of pay than she would earn as a dayshift employee. Additionally, because Father and Mother share custody of the children on a week on/week off basis, her current work schedule allows her to work during those weeks she does not have custody of the children and eliminates the need for her to pay childcare costs. Mother is currently forty-four (44) years of age and works approximately thirty-six (36) hours per week (approximately seventy-two (72) hours during the full week she works the night shift). She currently receives benefits as part of her employment package at Lankenau. In 2003 Mother earned, and in 2004 continued to earn, an annual gross salary of approximately Eighty-Two Thousand Two Hun[37]*37dred Forty-Eight Dollars ($82,248.00) ($6,854.00/mo.).4
Mother continues to reside in the Mal-vern marital residence. The residence was recently appraised at approximately Six Hundred Fifty Thousand Dollars ($650,000.00). Expenses directly related to the marital residence are a first mortgage requiring a One Thousand Four Hundred Twenty-Two Dollar ($1,422.00) monthly payment, a second home equity mortgage requiring a One Thousand Four Hundred Ninety-Four Dollar ($1,494.00) monthly payment, real estate taxes of approximately Six Hundred Dollars ($600.00) per month and homeowner’s insurance costing approximately Fifty-Eight Dollars ($58.00) per month (the total cost of the monthly mortgages, taxes and insurance is Three Thousand Five Hundred Seventy-Four Dollars ($3,574.00)). The home equity mortgage monies were acquired in 1999 to renovate the house.
Father earned a Ph.D. in education in 1994 and has been steadily employed since that date. In 2003, and currently, Father worked as an associate vice president for [the] National Board of Medical Examiners. Father’s employer pays a part of the medical insurance benefit which covers the children and Father. Father contributes the balance of the medical insurance cost via a paycheck deduction in the amount of approximately Thirty-Seven Dollars and ninety-one cents ($37.91) per month. (Exhibit D-l; $17.50/pay x 26 two-week pay periods -e 12 months = $37.91/mo.).
Father’s gross salary in 2003, totaled One Hundred Twelve Thousand Six Hundred and Eighty-Six Dollars ($112,-686.00) ($9,390.00/mo.). That year he also received a benefits package paid by his employer (including health insurance, life insurance, disability insurance, pension benefits, professional development benefits and employee services) totaling Thirty Five Thousand Eight Hundred and Nine Dollars ($35,809.00)5 ($2,984.08/mo.) for total gross compensation in the amount of One Hundred Forty-Eight Thousand Four Hundred Ninety-Five dollars ($148,495.00) ($12,374.08/ mo.) (Exhibit P-2).
In 2004, based upon a thirty-five (35) hour work week, Father’s gross annual salary is projected to be One Hundred Twelve Thousand Three Hundred Ten Dollars ($112,310.00) ($9,359.16/mo.), with a benefits package (consisting of the same benefits previously described for the 2003 benefits package) totaling Forty-Six Thousand Forty-Seven Dollars ($46,047.00) ($3,837.25/mo.), for anticipated gross 2004 compensation in the total amount of One Hundred Fifty-Eight Thousand Three Hundred Fifty-Seven Dollars ($158,357.00) ($13,196.4117 mo.]) (Exhibit P-2).
In November of 1989, one of Father’s grandfathers purchased from Hartford a Five Hundred Thousand Dollar ($500,-000.00) annuity for him. This annuity initially earned approximately eight percent (8%) interest for a term of up to ten (10) years. As the owner of the annuity, Father has had, and continues to have, the sole authority to decide how the annuity funds are invested and accessed. In 1998, he transferred the annuity fund to Protective Life Insurance Company with the assistance of his friend and investment planner, Brady Stamp.
Since the time of the annuity’s original purchase and until August of 2002, the value of the annuity funds had fluctuated with [the] vagaries of the stock market. In August of 2002, Father switched the annuity investments from a variable account to a stable fixed account in an effort to remove funds from the performance of the stock market and pro[38]*38tect the remaining fund corpus. As of December 31, 2002, the value of the annuity assets had grown to One Million One Hundred Forty-One Thousand Five Hundred Twenty-One Dollars and eighty-four cents ($1,141,521.84) (Exhibit P-4). All of the current annuity assets are in that fixed account which guarantees that Father’s annuity investments will earn at least three percent (3%) per year, less approximately two percent (2%) in administrative fees.

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Bluebook (online)
863 A.2d 34, 2004 Pa. Super. 435, 2004 Pa. Super. LEXIS 4313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arbet-v-arbet-pasuperct-2004.