Castaldi v. CASTALDI-VELORIC

993 A.2d 903, 2010 Pa. Super. 38, 2010 Pa. Super. LEXIS 66, 2010 WL 937509
CourtSuperior Court of Pennsylvania
DecidedMarch 17, 2010
Docket969 EDA 2009
StatusPublished
Cited by4 cases

This text of 993 A.2d 903 (Castaldi v. CASTALDI-VELORIC) 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
Castaldi v. CASTALDI-VELORIC, 993 A.2d 903, 2010 Pa. Super. 38, 2010 Pa. Super. LEXIS 66, 2010 WL 937509 (Pa. Ct. App. 2010).

Opinions

OPINION BY

STEVENS, J.:

¶ 1 Father appeals pro se from the Order entered in the Court of Common Pleas of Delaware County, which dismissed his petition to modify the termination date of his child support obligation and arrears as it relates to his now adult daughter, Stephanie. On appeal, Father contends that, since Mother failed to respond to emancipation inquiries, the Delaware County Domestic Relations Office (Domestic Relations Office) properly terminated child support as to Stephanie on January 17, 2007, which was her eighteenth birthday. Father further contends that the Domestic Relations Office was not permitted to subsequently modify the termination date to reflect the date of Stephanie’s graduation from high school, which was June 14, 2007. After a careful review, we affirm.

¶2 The relevant facts and procedural history are as follows: The parties, who were formerly husband and wife, are parents to two children, Robert, who was born on October 23, 1984, and Stephanie, who was born on January 17, 1989. Initially, the trial court ordered Father to pay $339.50 bi-weekly for both children’s support; however, in November of 1990, Mother filed a petition to modify and increase the child support, and the trial court increased Father’s support obligation to $425 bi-weekly for both children. Thereafter, Father filed petitions seeking to modify and reduce his child support obligation, and eventually, Father’s support obligation was reduced to $115 per week for both children’s support.

¶ 3 On August 21, 2003, Father filed a petition to modify the support order, and following a hearing held on October 2, 2003, the master set Father’s monthly support obligation at $315.36 for Stephanie,1 with an arrearage of $1789.20. On October 14, 2003, Father filed a petition for an appeal to the trial court from the master’s order. Apparently, at some point, Father was imprisoned, and the trial court dismissed the appeal without prejudice. On March 4, 2005, Father filed a petition to reinstate his appeal of the support order, and by order entered on May 16, 2005, the trial court indicated Father was to pay $42.78 per week for the support of Stephanie, all other expenses split 50/50, with an effective date of August 21, 2003.

¶ 4 Beginning in October of 2006, the Domestic Relations Office sent emancipation inquiries to the parties with regard to Stephanie, who was going to turn eighteen [905]*905years old on January 17, 2007. Mother failed to respond to the emancipation inquiries; however, Father provided information concerning Stephanie’s date of birth. Father was unsure as to the date Stephanie was going to graduate from high school. At some point, the Domestic Relations Office terminated child support for Stephanie, effective the date of her eighteenth birthday. However, Mother subsequently contacted the Domestic Relations Office and informed personnel that Stephanie had graduated from high school on June 14, 2007. Believing Stephanie’s child support should have continued until the date she graduated from high school, Mother requested the Domestic Relations Office modify the termination date of Stephanie’s child support to June 14, 2007. The Domestic Relations Office agreed and changed the termination date to reflect the date of Stephanie’s graduation from high school. The Domestic Relations Office then “tacked” onto Father’s account the child support payments he should have made from January 17, 2007 to June 14, 2007.

¶ 5 Father filed a petition to modify the termination date of his child support obligation and arrears with regard to Stephanie, and a hearing was held before a master on October 31, 2008. Concluding child support for Stephanie was properly terminated when she graduated from high school on June 14, 2007, the master indicated that, with regard to the review of emancipation, the “Order is Correct-Review is Dismissed.”

¶ 6 On November 14, 2008, Father filed a petition for a hearing de novo in the trial court, and a hearing was held on January 27, 2009. At the hearing, the following relevant exchanges occurred:

OFFICE OF SUPPORT ENFORCEMENT: There is a suspended Order and the Defendant’s ordered to pay off arrears of $1,335 owed to the Plaintiff at the rate of $384.94 a month. This is the Defendant’s appeal. And the issue of his appeal is when the Order for the last child should be suspended. It was suspended June 14, '07. And he thinks it should be January 17 of '07.
THE COURT: Okay.
THE COURT: When did this child graduate from high school?....
OFFICE OF SUPPORT ENFORCEMENT: June 14, 2007.
THE COURT: And how old was she at that time?
[FATHER]: 18.
THE COURT: Okay. So [Father], why do you think it should have been January instead of June?
* * *
[FATHER]: Your Honor, as far as the emancipation inquiry, that was sent out to [Mother] four times from October of '06 through January '07. She failed to respond to it. I called Domestic Relations to find out what was going on, because I was getting copies.
THE COURT: Right.
[FATHER]: They asked me — or I asked them if I should provide the information since she was not replying to it. They said I’m under no obligation but I could if I wanted to. I gave them my daughter’s date of birth. At that point I had no idea when my daughter was graduating.
THE COURT: What was her date— when did she become 18?
[FATHER]: January 17, 2007.
[906]*906THE COURT: Well let me ask you this, sir. You’re depending on that rule2 you just quoted to me to have the support Order terminated on the 18th birthday of the child.
[FATHER]: Yes, Your Honor.
THE COURT: Which was about five or so months before she graduated from high school, right?
[FATHER]: Yes, Your Honor. The Order was terminated then. Domestic Relations terminated it.... 15 months later [Mother] came into Domestic Relations Office with the diploma. It was either the end of March, beginning of April, 2008.
THE COURT: Right, and what? You mean the Order kept running?
[FATHER]: I had arrears to pay ... All of a sudden I opened up my ...
THE COURT: It looks like you still have some arrears.
[FATHER]: Well, Your Honor, that arrears — the arrears is still showing— there’s 900 and some dollars showing.
THE COURT: Does that represent the period of time between January and June, okay?
[FATHER]: Yes. There was $1,680.32 added on.
THE COURT: All right.
[FATHER]: So the arrears right now, according to PACES, is $934.95.
THE COURT: All right....
[FATHER]: In other words, she’s gotten $745.37 in addition from when they initially terminated the Order.... Now 15 months later she comes to Domestic Relations, hands them a diploma, and they unilaterally add $1,600.

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Castaldi v. CASTALDI-VELORIC
993 A.2d 903 (Superior Court of Pennsylvania, 2010)

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Bluebook (online)
993 A.2d 903, 2010 Pa. Super. 38, 2010 Pa. Super. LEXIS 66, 2010 WL 937509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castaldi-v-castaldi-veloric-pasuperct-2010.