Coffey v. Coffey

575 A.2d 587, 394 Pa. Super. 194
CourtSupreme Court of Pennsylvania
DecidedMay 16, 1990
Docket34 and 144
StatusPublished
Cited by24 cases

This text of 575 A.2d 587 (Coffey v. Coffey) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coffey v. Coffey, 575 A.2d 587, 394 Pa. Super. 194 (Pa. 1990).

Opinions

MONTEMURO, Judge:

In this case we are presented with cross appeals from an undifferentiated spousal and child support order requiring Louis Coffey to pay Nora Coffey $3,932 per month for the reasonable expenses of herself and the parties’ two minor children, and to provide direct payment for the children’s dental, tutoring and tuition costs.

Preliminarily we note that we will reverse an award of spousal support only if the surrounding circumstances suggest that the trial court has abused its discretion in making the award. Goodman v. Goodman, 375 Pa.Super. 504, 544 A.2d 1033 (1988).

Further, and similarly,

No child support order will be disturbed unless there is insufficient evidence to sustain the order or there has been an abuse of discretion by the lower court. Ritter v. Ritter, 359 Pa.Super. 12, 518 A.2d 319 (1986). “An abuse of discretion is not ‘merely an error of judgment, but if in reaching a conclusion the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill-will, as shown [197]*197by the evidence or the record, discretion is abused.” Fee v. Fee, 344 Pa.Super. 276, 279, 496 A.2d 793, 794 (1985).

Steenland-Parker v. Parker, 375 Pa.Super. 457, 461, 544 A.2d 1010, 1012 (1988).

The parties to the case were married in 1967, and separated in 1986 when Louis Coffey departed the marital residence. Appellant Nora Coffey is 48 years old. She attended college for about three years, but discontinued her education at appellee’s request before receiving her degree. Appellant’s employment history has been limited. She worked as a university research assistant prior to and for a short time after her marriage, and held a similar position during 1977-78, leaving that employment when she underwent a hysterectomy; she has not, since then, held a paying position.

Appellant’s primary involvement outside the home has, since 1982, been with a non-profit information service known as HERS (Hysterectomy Educational Resources and Services), of which she is the founder. The idea for this organization grew out of the medical problems appellant experienced following her own surgery, debilitating bone and joint pain which was eventually diagnosed as fibromyalgia.1 Her duties with regard to HERS, most of which have since been assumed by volunteers and paid employees, were originally of the administrative variety, but are now restricted by the fibromyalgia symptoms to some telephone work, some organizational efforts involved with conference planning, and some writing and editorial oversight of the HERS newsletter. Appellant also suffers from osteoporosis in her right hip. She resides with the parties’ teenage children in the marital residence, and apart from appellee’s contributions, has no income.

The marital residence is itself the center of a controversy, as each party attributes its acquisition, approximately a year prior to separation, to the insistence of the other on [198]*198more luxurious accommodations. The house, a six bedroom residence purchased for $250,000 in 1985, is located in the Main Line suburban community óf Bala Cynwyd, and carries a monthly mortgage payment of $1,720.

Appellee is 50 years old, a practicing attorney who is a senior partner in a prestigious Philadelphia law firm. In addition to his practice, from which his gross distribution in 1986-87 was $245,000, appellee is involved in several real estate ventures from which he derived income amounting to $56,000. Appellee also had interest earnings of $10,000. His total earnings for the period was therefore $311,000. Appellee has no known health problems. At the time of hearing, he was renting living premises near his place of work.

The parties present us with the obverse and reverse of the same questions: whether the trial court committed reversible error by attributing to appellant too great or too small an earning capacity; whether the amount of support, and thus the reasonable expenses of (especially) appellant and the parties’ children, was too great or too small; whether appellee’s available income was over or underestimated. In addressing these issues, we note that after having reviewed the record in this case, the arguments of the parties and the applicable law, we find that, for the reasons which follow, the trial court did in fact abuse its discretion, having based its decisions on a mistaken understanding of the governing legal principles, and a misreading of the facts.

The trial court accepts the deductions from gross income offered by appellee as having been mandated by the law firm which is his employer, even offering an apologia about appellee’s adherence to the firm’ policy of contributing largely to charitable and political activities. The deductions, which include such contributions, as well as mileage and entertainment expenses, total approximately $17,000 annually.2

[199]*199The Support statute, 23 Pa. C.S.A. § 4302, defines “net income” as “Gross income minus taxes and any other deductions mandated by the employer as a condition of employment.” Although there is no legislative guidance offered as the sort of deductions contemplated by the statute, the recently adopted Rules of Civil Procedure relating to support actions do place limitations on allowable deductions. Rule 1910.16-5(b)3 specifies that only the following items are subtracted from gross income to calculate the net which determines support amounts:

1. federal, state, and local income taxes;
2. F.I.C.A. payments and non-voluntary retirement payments;
3. union dues;
4. health insurance premiums for the benefit of the other party or the children.

If indeed appellee’s employer requires of him, in order to maintain his employment, the sorts of payments deducted by the trial court, there would seem to be serious difficulties with the legality of these exactions.4 If, on the other hand, these contributions and other payments are voluntarily made by appellee to assure the continuing success of the practice with the recipients of the firm’s largesse, then they are not deductible at all for purposes of calculating support obligations. Moreover, there is offered in support of the proposition that these are mandatory payments, no partnership agreement or other document which states that they [200]*200are a condition of employment.5 Even the trial court, which accepted at face value appellee’s assurance as to the necessity for the contributions noted that the donations were “recommended” rather than required by the firm’s Executive Committee. (T.C.O. at 9).

The law is well settled that the amount of a support award is based upon earning capacity, less reasonable expenses, not merely cash flow. Commonwealth ex rel. Goichman v. Goichman, 226 Pa.Super. 311, 316 A.2d 653 (1974).

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Bluebook (online)
575 A.2d 587, 394 Pa. Super. 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coffey-v-coffey-pa-1990.