Bulgarelli v. Bulgarelli

934 A.2d 107, 2007 Pa. Super. 295, 2007 Pa. Super. LEXIS 3114
CourtSuperior Court of Pennsylvania
DecidedSeptember 27, 2007
StatusPublished
Cited by71 cases

This text of 934 A.2d 107 (Bulgarelli v. Bulgarelli) 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
Bulgarelli v. Bulgarelli, 934 A.2d 107, 2007 Pa. Super. 295, 2007 Pa. Super. LEXIS 3114 (Pa. Ct. App. 2007).

Opinion

OPINION BY BENDER, J.:

¶ 1 Robert Bulgarelli (Father) appeals from the order dated December 29, 2006, and docketed January 8, 2007, requiring Father to pay to Ann Avellino Bulgarelli (Mother) the sum of $5,084.85 per month for support of the parties’ three children. Based upon the testimony and evidence presented at a hearing held on October 2, 2006, 1 the trial court set forth the following background information:

The Parties were married in 1989 and divorced in 2001. They have three children now ages fifteen, fourteen, and nine. Their Property Settlement Agreement of November 15, 2001 incorporated an amount of child support payable by the Defendant/Father in the amount of $3,055.00 per month. That amount had been determined in accordance with the Pennsylvania Support Guidelines, and was based upon calendar year 2000 during which the Plaintiffr'Mother had no earned income and the Father had income of $213,800.00. The amount of support was later increased to $3,499.00 per month. The Parties maintain 50/50 shared custody.

Trial Court Opinion (T.C.O.), 4/4/07, at 1. Then, recognizing that the parties’ combined income exceeded the amounts listed in the current guidelines, ie., $20,000 per month, the trial court made the point that support was determined in accordance with Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). The trial court next set forth the following description of the evidence regarding income and expenses provided by the parties:

The hearing in this matter was roughly one hour in length. Each party testified and was cross-examined by opposing counsel. Evidence of income was rather straightforward, and this Court determined that Mother (based on calen *109 dar year 2006) earns $[2],823.77 per month and Father (based on calendar year 2005) earns $21,307.00 per month. Though income was not in dispute, each Party took the position that the expenses of the other were exaggerated. Mother submitted into evidence a thorough itemization of her personal living expenses as well as her expenses on behalf of the children. Mother testified to monthly expenses of $9,700.[15], with $2,312.79 of that amount being personal, and $7,387.38 being directly for the children. Mother has not re-married and shares her home only with the Parties’ children.
Father shares his residence with his current wife, her two children and the Parties’ three children. The expenses Father submitted to the Court were described by him as comprising 57% of his total household expense, presumably therefore excluding all expenses related to his current wife and her children (43%). As such, Father indicated his “net” monthly expense for himself and the Parties’ three children totaled $13,512.36. As Father submitted only an estimate of his overall expenses and did not provide actual expenses for him[self] or the children, this Court ascribed (25%) $3,378.09 to his personal expenses and (75%) $10,134.27 for the three children.
Following the hearing and the submission of post-hearing memoranda, this Court undertook a detailed analysis of all testimony and evidence submitted in order to determine the Parties’ reasonable, and therefore allowable, expenses. Each and every expense submitted was scrutinized, with certain contested expenses having been given particular attention at the behest of one or both Parties. For example, Mother’s housing costs merited a hard look, and were reduced overall after this Court determined that Mother had offered various expenses consistent with ownership, though her status is that of a tenant. Also, Mother’s rent (which is payable to Mother’s [fjather who is the owner) has accrued as a significant debt as she has made few, if any, rental payments since 2003. Nonetheless, the Court found credible Mother’s testimony that the accrual of rent was bona fide. Whether she pays rent or accrues debt because of her inability to do so, Mother nonetheless provides a good quality suburban residence in which the children spend 50% of their home life. The house’s location has enabled the children to stay in the same school district, and this Court allowed a fair and reasonable rental expense ($2,600.00/mo) plus some maintenance costs in calculating support.
Overall, this Court reduced the expenses claimed by Mother over 20%, from $9,700.15 to $7,744.05. Some items, such as real estate taxes, homeowner’s (but not renter’s) insurance, and legal fees were disallowed in their entirety. Others, such as utilities, dining out, home maintenance and supermarket expenses, were reduced to reflect what the Court believes is a reasonable amount. Father’s expenses were largely taken at face value, and were reduced overall by only 10.36%, from $13,512.36 to $12,112.70. Though it was within the Court’s reasonable discretion to do so, Father’s receipt of a car allowance from his employer in the amount of $700.00 per monthly [sic] was not deemed available income. Likewise, the fact that Father’s current wife has earned income of $90,000.00 per year was also given no weight because the expenses of the current wife and her two children were viewed as an offset to any financial benefit her income confers on Father.

T.C.O. at 6-8.

¶ 2 Based on these findings, the court entered the December 29, 2006 order, *110 which is at issue in this appeal. Namely, in the order, the court listed each party’s reasonable expenses that it found allowable for purposes of calculating child support, determining that Mother’s expenses totaled $7,744.05, with $5,523.78 attributable to the children and $2,220.27 for her expenses. Likewise, the court found that Father’s expenses were $12,112.70, with $8,544.54 attributable to the children and $3,568.16 for his expenses. Next, the court calculated each party’s net amount available for support by subtracting their personal expenses from their net monthly income. Mother’s net income available for support was calculated at $603.50, and Father’s was calculated at $18,738.44. Therefore, the total amount available for support equaled $19,341.94, with Mother’s percentage being 3.12% and Father’s being 96.88%. The court’s December 29, 2006 order provided the following calculation representing the above-noted sums:

MOTHER’S NET MONTHLY INCOME
BEFORE EXPENSES $ 2,823.77
LESS PERSONAL EXPENSES $ (2,220.27)
NET AVAIL FOR SUPPORT $ 603.50
FATHER’S NET MONTHLY INCOME
BEFORE EXPENSES $21,307.00
LESS PERSONAL EXPENSES $ (3,568.16)
NET AVAIL FOR SUPPORT $18,738.44
PARENTS AVAIL FOR SUPPORT
MOTHER $ 603.50
FATHER $18,738.44
TOTAL PARENTS AVAIL
FOR SUPPORT $19,341.94
MOTHER’S PERCENTAGE
(603.50/19341.94) 3.12%
FATHER’S PERCENTAGE

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Bluebook (online)
934 A.2d 107, 2007 Pa. Super. 295, 2007 Pa. Super. LEXIS 3114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bulgarelli-v-bulgarelli-pasuperct-2007.