Com. Ex Rel. Sladek v. Sladek

563 A.2d 172, 386 Pa. Super. 490, 1989 Pa. Super. LEXIS 2678
CourtSupreme Court of Pennsylvania
DecidedAugust 31, 1989
Docket00041
StatusPublished
Cited by10 cases

This text of 563 A.2d 172 (Com. Ex Rel. Sladek v. Sladek) 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
Com. Ex Rel. Sladek v. Sladek, 563 A.2d 172, 386 Pa. Super. 490, 1989 Pa. Super. LEXIS 2678 (Pa. 1989).

Opinion

MONTEMURO, Judge:

Appellant, Robin Sladek, appeals from an order increasing his child support payments, claiming that the trial court erred in granting an increase where appellee, Dolores Sladek, failed to prove a material change in circumstances justifying modification. Because we agree with appellant that no material change in circumstances justifying an increase was established by appellee, we reverse.

*492 The parties are the parents of three children, Jennifer, Melissa, and Jonathan, respectively aged 19, 15, and 13 at time of hearing. In 1981, appellant began paying support for all three children pursuant to a court order. 1 At that time, the children then 12, 8, and 6, were all living with the appellee. A change in the amount of support occurred in August of 1986, when the oldest child began residing with appellant. The court reduced the order to $500/month, which represented support for the two youngest children only. This amount was increased to $600/month in 1988 when appellee petitioned the court for modification based solely upon a rise in the cost of living. Although no specific instances of increased child-related expenses were outlined by appellee, 2 the trial court granted her petition. It is from the 1988 order that appellant appeals.

When modification of a child support order is sought, the moving party has the burden of proving by competent evidence that a material and substantial change of circumstances has occurred since the entry of the original or modified support order. Steinmetz v. Steinmetz, 381 Pa.Super. 440, 554 A.2d 83, 85 (1989); Shutter v. Reilly, 372 Pa.Super. 251, 255, 539 A.2d 424, 426 (1988). The lower court must consider all pertinent circumstances and base its decision upon facts appearing in the record which indicate that the moving party did or did not meet the burden of proof as to changed conditions. Lampa v. Lampa, 371 Pa.Super. 1, 9, 537 A.2d 350, 352 (1988). We will not disturb a child support order unless the trial court, in determining the amount of support, has abused its discre *493 tion. Steenland-Parker v. Parker, 375 Pa.Super. 457, 460, 544 A.2d 1010, 1012 (1988). Where the evidence is insufficient to sustain the order, an abuse of discretion will be found. Id., 375 Pa.Superior Ct. at 461, 544 A.2d at 1012.

Factors upon which the trial court relied in reaching its decision were:

[I]t is apparent that the plaintiffs [appellee’s] net weekly expenses have increased by $130.00 per week since August of 1986 and her salary has approximately doubled from her established earning capacity of 1986. At the same time, defendant’s [appellant’s] weekly expenses have increased significantly as has his salary. Additionally, it must be noted that the defendant is afforded the use of an automobile as part of the compensation of his employment. Although no value is assigned to that, clearly this is a perquisite of significance.
Of greater importance, however, than the cold numbers in this case, we must recognize both the advanced ages of the children as well as the ever increasing cost of living____ Melissa and Jonathan are now age 15 and 13 and are clearly more expensive to maintain than they were in August of 1986. Under these circumstances, and even where there may be no financial change regarding the parents, an order may be increased by virtue of the showing of advancing ages of the children. Commonwealth ex. rel. Balph v. Balph, 210 Pa.Super. 244, 232 A.2d 76 (1967) and Forry v. Forry, 359 Pa.Super. 602, 519 A.2d 516 (1986).

Trial Court Opinion, February 15, 1989, at 3 & 4. The trial court’s reliance upon Balph and Forry, supra, is inappropriate in that these cases are distinguishable from the case at bar. Unlike the instant situation, in Balph and Forry, and the cases which follow them, the court was presented with time lapses of four years of more between support orders, and was given specific instances of increases in child-related expenditures.

In Balph, supra, the original support order in the amount of $150.00/month for two infants was issued in 1961. Four *494 years later, the trial court raised the amount to $450.00/month based solely upon the advancing age of the children. The expenses necessitating the increase included private school, membership at a swimming club, medical bills, toys, food, babysitting fees, and psychiatric care for one of the children. We held that such a large increase constituted an abuse of discretion where the only significant change was the increased age of the children which made them eligible for school attendance, and we reduced the amount to $250.00 per month. Id. 210 Pa.Super. at 249, 282 A.2d at 78. Although we upheld an increase in the amount of support based on the incidence of age-related expenses, we did so only after the petitioner had presented specific instances of these greater expenditures.

In Commonwealth ex. rel. Luongo v. Tillye, 229 Pa.Super. 458, 458, 323 A.2d 172, 174 (1974), our recognition that “the increased expenditures which are incurred by reason of the needs of growing children are important items to consider in support modification proceedings,” was predicated upon a situation in which ten years had passed since the original support order was entered, and the child had grown from a year old infant into an eleven year old boy who was attending Catholic school. In that case, we held that the trial court’s $20.00 per month increase in child support did not adequately measure the cost of living factor between 1963 and 1973, let alone consider the change in the father’s financial situation and the increased needs of an older boy. Id., 229 Pa.Superior Ct. at 458, 323 A.2d at 174. As in Balph, the mother in Tillye made specific references to increases in expenditures caused by the child’s advancing age which necessitated the increase in support, such as her purchase of the home in which she and her son were living, the child’s school tuition, the child’s dental and clothing bills, and her desire to allow his participation in such activities as Boy Scout Camp.

In Forry, supra, we reversed the trial court’s denial of an increase in child support, which was based upon the conclusion that the only proof of a needed increase was the mother’s general statement at the domestic relations hear *495

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563 A.2d 172, 386 Pa. Super. 490, 1989 Pa. Super. LEXIS 2678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-ex-rel-sladek-v-sladek-pa-1989.