Goodman v. Goodman

49 Pa. D. & C.3d 515, 1988 Pa. Dist. & Cnty. Dec. LEXIS 217
CourtPennsylvania Court of Common Pleas, Montgomery County
DecidedDecember 1, 1988
Docketno. 85-18495
StatusPublished

This text of 49 Pa. D. & C.3d 515 (Goodman v. Goodman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodman v. Goodman, 49 Pa. D. & C.3d 515, 1988 Pa. Dist. & Cnty. Dec. LEXIS 217 (Pa. Super. Ct. 1988).

Opinion

YOHN, J.,

— David Goodman (husband) filed a complaint seeking a divorce from Constance C. Goodman (wife) and raising various economic claims including equitable distribution of marital property, alimony pendente lite and counsel fees and costs. Within the context of the divorce complaint, there was also a claim for child support filed on behalf of wife. After numerous hearings, a decision and decree nisi was issued on February 4, 1988. Both parties filed motions for post-trial relief. After oral argument, the .court issued a final decree and order on June 28, 1988. Wife now appeals raising four issues relating to equitable distribution and support.

FACTS

The relevant facts concerning the parties may be summarized as follows: Husband and wife were [516]*516married on August 22, 1965. It is the first marriage for each. They are the parents of Derek Goodman, born July 27, 1970, who is now 18 years of age and Alex Goodman, born November 8, 1972, who is now 16 years of age. The parties lived together at various residences until they moved into the marital home at 1201 Grenox Road, Wynnewood, Montgomery County, Pa. in 1980. They remained at that location until wife left the marital home on June 15, 1984. After several intervening residences, wife now resides at 414 Penn Road, Wynnewood, Montgomery County, Pa., within walking distance of the marital home. There is a joint custody order with the parents dividing custody of the children on an equal basis.

Husband is 44 years of age. He graduated from Harvard University and has a medical degree and a Ph.D. in biochemistry from the University of Pennsylvania. He is currently a professor of pathology at the University of Pennsylvania Medical School and earns a net taxable income of $94,000 per year after deducting involuntary payments to a TIAA/CREFF retirement account and a variable annuity contract with the Equitable Life Assurance Society of the United States. He is in good health except for a period of depression in 1983 due to a career and marital setback. Husband has been living with Dr. Judith Greenacre since March 29, 1987. She is a medical doctor at Temple University Hospital and has her own apartment in Philadelphia.

Wife is 45 years of age. She graduated from Wheaton College in 1964, has a master’s degree from the University of Pennsylvania and is a part-time law student at the University of Pennsylvania. Wife worked throughout much of the marriage, moved to different locations when husband’s employment required him to do so, assisted husband in [517]*517his occupation by entertaining his business friends, and was the primary nurturer of their children. Wife is currently employed as the judicial inquiry officer at the University of Pennsylvania and earns $33,000 per year. Wife began psychotherapy in 1965, has continued treatments thereafter and still incurs substantial annual bills for therapy. She has a neurosis but states that it does not affect her ability to function and that she takes no medication. Otherwise, she is in good health. Wife began living with David Sanderson on February 14, 1986.

ISSUES

In this instant appeal wife raises the following issues:

(1) Wife contends that the court erred in its computation of husband’s expenses for support purposes since it did not “take into account” the claim that Dr. Greenacre should be required to contribute to the expenses of the home which she now occupies with husband, especially in view of her substantial assets and significant income.

(2) Wife contends that “the lower court erred in its order of June 28, 1988 in denying defendant’s application to proceed under the February 12, 1988 amendments to the Divorce Code.”

(3) Wife contends that “the lower court mistakenly noted in its June 28, 1988 order that ‘wife agreed to the distribution of the personalty as set forth in paragraph no. 21 of the decree nisi with the exception of one ceramic lamp.’ ” Wife contends that no such agreement took place at oral argument and that the lower court erred in its distribution of personal property.

(4) Wife contends that “the lower court erred in its treatment of the Swampscott property. First, it should not have included as marital property any in[518]*518crease in value of the property. Secondly, even if the increase in value is marital property, such increase should have been cut off as of the date of separation.”

DISCUSSION

Child Support

The first issue before this court is whether husband’s living expenses should be reduced by projected reasonable contributions from his paramour, Dr. Greenacre, thus enabling husband to have a greater amount of disposable income available with which he could contribute to the support of his minor children.

The language in wife’s statement of matters complained of raises a broader issue in that it contends that the court erred in utilizing the formula found in Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984) for determining a parent’s child support obligation. However, wife’s counsel stated at oral argument that he was not pursuing the issue of the application of Melzer other than the contention concerning Dr. Greenacre’s contribution to husband’s expenses and, in fact, the broader issue was neither briefed nor argued.1

Thus, in accordance with wife’s counsel’s statement at oral argument, the only issue raised as to support relates to wife’s contention that husband’s living expenses should be reduced by a projected [519]*519reasonable contribution from his paramour, Dr. Greenacre, and that the court erred in not considering Dr. Greenacre’s ability to contribute to the expenses of the household of which- she is a part.

In Travitzky v. Travitzky, 230 Pa. Super. 435, 326 A.2d 883 (1974) the court expressly rejected the assertion that a new spouse had any obligation to support the children of the first marriage. Specifically, the court in Travitzky held:

“Should a parent remarry, as the appellee has in the instant case, there is nothing in our law which requires the new spouse to support minor children of the first marriage. We do not believe that such an extension of our support laws should be made. In addition, to consider the separate assets or earnings of a second wife as an element of her husband’s ‘financial resources’ belies the concept in our law that married individuals retain their legal identity and may own separate property and estates.” Id. at 439-40, 326 A.2d at 885. However, the court in Travitzky did state:
“Certainly, if the second wife was gainfully employed and if her earnings or a portion thereof was contributed to the family budget such facts would be relevant in determining the father’s ability to pay for his minor, children.” Id. at 440, 326 A.2d at 885; accord: Melzer at 476, 480 A.2d at 998.

Put another way, if the second spouse is making contributions to the family budget, that fact is relevant in considering the parents’ net expenses and, thus, their ability to pay support. Similarly, in Commonwealth ex rel. Mainzer v. Audi, 266 Pa. Super. 122, 403 A.2d 124

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Bluebook (online)
49 Pa. D. & C.3d 515, 1988 Pa. Dist. & Cnty. Dec. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodman-v-goodman-pactcomplmontgo-1988.