Hanrahan, M. v. Bakker, J.

151 A.3d 195
Superior Court of Pennsylvania·Decided November 18, 2016·No. 1638 EDA 2015; 1702 EDA 2015·Published·Cited by 5 cases

Opinions

OPINION BY DUBOW, J.:

Michael Hanrahan (“Father”) and Jeanne Bakker (“Mother”) both appeal from the Order dated June 1, 2014, and entered June 4, 2014, in the Court of Common Pleas of Delaware County that granted Motions for Reconsideration filed by both parties and amended the May 6, 2015 child support Order.

Upon careful review, we affirm in part and reverse in part. In particular, we reverse the trial court’s Order as it pertains to: (i) requiring a portion of the child support obligation to be placed in a Pennsylvania Uniform Transfers to Minor’s Act1 (“PUTMA”) account; (ii) evaluating Pa.R.C.P 1910.16.5(b)(7) based on the children’s potential standard of living post-minority; (iii) determining a $2,500,000 downward deviation in Support Year 2013 because of Father’s voluntary contribution to a trust for his children; and (iv) denying Mother’s request for attorney’s fees. We remand to the trial court to enter an Order in compliance with this Opinion.

FACTUAL AND PROCEDURAL HISTORY

The relevant facts and procedural history of this case are as follows. Father and Mother, both attorneys, were married on November 14,1992 and divorced on July 9, 2009. They are the parents of two minor children and share joint legal and physical custody of the children on an alternating weekly basis. On April 9, 2009, Father and Mother entered into a Property Settlement Agreement (“Agreement”) which was incorporated into their July 9, 2009 Divorce Decree.

The Agreement stated the following, in relevant part, concerning the parties’ child support obligations:

The parties agree to exchange tax information for each tax year by no later than April 15 of the year following the tax year. Child support and the proportion of Child Expenses shall be recalculated each year as of May 1 based on the parties’ respective net incomes and Pennsylvania guidelines, provided, however, either party may apply to the Court to adjust child support and /or their share of Child Expenses for the year based on relevant factors. As to each child, child support shall continue until Emancipation,

Property Settlement Agreement at 13.

In addition, the Agreement stated the following, in relevant part, concerning attorney’s fees:

Each party further hereby agreed to pay and to save and hold harmless the other party from any and all attorney’s fees, and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this Agreement [199] by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way whatsoever; provided that either party (or both parties) who seeks to recover such attorney’s fees, and costs of litigation will only recover attorney’s fees and costs of litigation to the extent that party is successful. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party to the extent the other party is successful in enforcing his or her rights under this Agreement.

Property Settlement Agreement at 19.

In 2009, Father’s income was $4,010,938 and Mother’s income was $183,635. Father complied with the terms of the Agreement and paid Mother a monthly child support obligation of $15,878 per month from May 1, 2010 through April 30, 2011.

In 2010, Father’s income was $1,083,312 and Mother’s income was $138,988. Father complied with the terms of the Agreement and paid Mother a monthly child support obligation of $3,702 per month from May 1, 2011 through April 30, 2012.

In 2011, Father’s income was $2,303,031 and Mother’s income was $145,593. Father complied with the terms of the Agreement and paid Mother a monthly child support obligation of $7,851 per month from May 1, 2012 through April 30, 2013.

In 2012, Father’s income was $15,591,840 and Mother’s income was $105,201. Father disagreed with the terms of the Agreement and on March 6, 2013, wrote Mother a letter stating:

As we discussed, I was fortunate enough to make a substantial amount of money last year. Based on this income, the preliminary calculation that is the first step in the child support determination in high income cases will yield a result that is way beyond any realistic estimate of the reasonable needs of the children. In the past, you and your counsel have insisted on using the preliminary calculation as if it were a definitive determination of the amount of child support. Though I considered the amounts excessive, I acquiesced to avoid' conflict. However, I simply cannot agree that the reasonable needs of two children could be anywhere close to the preliminary calculation amount this year.

Letter from Father to Mother dated 3/6/13. While Father disagreed .with a new child support calculation, he agreed to continue to pay the $7,851 of child support per month that he paid the previous support year. (N.T. 1/27/15, p. 216).

Additionally in 2012, Father deposited $2,500,000 into an irrevocable non-grantor trust for the benefit of the two children. He also paid approximately $70,000, in addition to monthly child support monies, towards the children’s private school tuition, camps, and activities. (N.T. 1/27/15, pp. 119,142-13, 268-70). Further, “in 2012, [Father’s] law firm distributed income to him, as a partner, and it was agreed that he, and the other partners, would individually make contributions in the amount of $150,000 and he did contribute that amount, to establish scholarships in honor of William Prichett, who was the founder of the firm ... [and] his income was increased by $150,000 because of the contribution that was going to be made.” Amended Order, 6/1/15, at 8-9.

On December 20, 2013, Mother filed a Petition for Enforcement of Property Settlement Agreement and of Divorce Decree of July 9, 2009 (“Mother’s Petition”). On February 4, 2014, Father filed a Counter[200] claim to Mother’s Petition. Both parties continued to file timely answers, replies, counterclaims, and new matter pertaining to Mother’s Petition.

On September 23, 2014, Mother filed a Motion in Limine for Exclusion of Expert Testimony Regarding the Applicability of Pennsylvania Child Support Guidelines. On October 28, 2014, the trial court granted Mother’s motion and precluded Father from introducing expert testimony regarding the applicability of the Pennsylvania Child Support Guidelines (“Guidelines”).

On January 27, 2015, the trial court held a hearing on Mother’s Petition at which both Father and Mother testified. On May 6, 2015, the trial court issued an Order including Findings of Fact and Conclusions of Law. Both parties filed Motions for Reconsideration, which the trial court granted.

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Hanrahan, M. v. Bakker, J., 151 A.3d 195 (Pa. Ct. App. 2016).

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