Hyde v. Hyde

618 A.2d 406, 421 Pa. Super. 415, 1992 Pa. Super. LEXIS 3782
CourtSuperior Court of Pennsylvania
DecidedNovember 6, 1992
Docket1640
StatusPublished
Cited by13 cases

This text of 618 A.2d 406 (Hyde v. Hyde) 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
Hyde v. Hyde, 618 A.2d 406, 421 Pa. Super. 415, 1992 Pa. Super. LEXIS 3782 (Pa. Ct. App. 1992).

Opinions

[417]*417WIEAND, Judge:

The principal issue in this appeal is the consideration to be given to alimony payments in determining the amount of child support payments to be made by a divorced mother and father, both of whom have independent incomes.

Susan Hyde and Lloyd Hyde were married on August 13, 1970 and parented three children: Rebecca, age 19; Daniel, age 17; and Joshua, age 15.1 Prior to the entry of a decree in divorce on February 1, 1988, the parties entered a separation and property settlement agreement. Pursuant to the terms thereof, custody of the three children was awarded to Susan. Lloyd, meanwhile, obligated himself to pay child support in the amount of five hundred ($500.00) dollars per month and alimony in the amount of one thousand eight hundred twenty ($1,820.00) dollars per month for a period of seventy-two (72) months. Subsequent to the divorce, the two younger children moved in with their father. Rebecca continues to live with her mother while not in residence at Westminster College, where she matriculates.

In November, 1989, Susan Hyde filed a petition seeking to hold her former husband in contempt of court for failing to comply with the terms of the property settlement agreement, which had been incorporated into the divorce decree. She also filed a petition in which she made an additional claim against her former husband for the educational costs being incurred by Rebecca.2 On January 2, 1990, an order was entered directing Lloyd to pay four hundred ($400.00) dollars per month on account of Rebecca’s college education. In September, 1990, Lloyd Hyde filed a petition for the support of the two children who were now living with him. He also asked the court to vacate the order for Rebecca’s educational support. After a hearing in October, 1990, the court found Lloyd Hyde in contempt for failing to make alimony payments in full, determined the amount of alimony in arrears, vacated the order for the support of the two children who were now [418]*418living with their father, gave credit for child support adjustments, and directed that Lloyd pay Susan the sum of $19,-664.06. The court also refused to vacate the order of $400.00 per month toward the cost of a college education for Rebecca and ordered Susan to pay $450.00 per month for the support of the two younger children. Lloyd appealed. He contends that in several respects the trial court abused its discretion.

Lloyd is the owner of a franchise known as “Servpro” which cleans and restores fire damaged buildings and contents. The court found his earnings to be $3500 per month. From this amount, he is required to pay alimony in the amount of $1,820.00 per month and educational support for Rebecca in the amount of four hundred ($400.00) dollars per month.

Susan is a working psychologist and is entered in the Ph.D. program at Indiana University of Pennsylvania. She has income, exclusive of alimony, in the amount of two thousand ($2,000.00) dollars per month. When this is added to the alimony received by Susan, it is clear that she has a cash flow of at least three thousand, eight hundred twenty ($3,820.00) dollars per month.3 From this amount she contributes the sum of four hundred ($400.00) dollars per month to Rebecca’s college education.4

It is a simple matter of mathematics to determine that Lloyd, after paying alimony and educational support as ordered by the court,5 has available monthly the sum of twelve hundred eighty ($1,280.00) dollars for the support of himself and the two children who are living with him. Susan, on the [419]*419other hand, has available monthly for the support of herself and the two children, after paying four hundred dollars for Rebecca’s education, the sum of three thousand, four hundred twenty ($3,420.00) dollars.

In determining Susan’s obligation to contribute to the support of her two children, the trial court excluded the monthly alimony which she received and found that her only income was two thousand ($2,000.00) dollars per month. In determining whether Lloyd had a continuing obligation to contribute to Rebecca’s college education, however, the trial court considered his monthly income to be thirty-five hundred ($3,500.00) dollars. It is the failure either to reduce Lloyd’s income by the amount of alimony which he pays or to increase Susan’s income by the amount of alimony which she receives which has created the inequitable disparity between the parental obligations of Lloyd and Susan. Some of this disparity has also been brought about by the terms of the parties’ agreement, and if Lloyd were the only victim of the disparate income, we would not be inclined to rescue him from the results of a bad bargain. In fact, however, the real victims are the two children who are presently living with him. Their right to be supported adequately cannot be bargained away by their parents. See: Brown v. Hall, 495 Pa. 635, 643 n. 11, 435 A.2d 859, 863 n. 11 (1981); Travitzky v. Travitzky, 369 Pa.Super. 65, 79 n. 6, 534 A.2d 1081, 1088 n. 6 (1987); Oman v. Oman, 333 Pa.Super. 356, 361, 482 A.2d 606, 609 (1984).

In Steinmetz v. Steinmetz, 381 Pa.Super. 440, 554 A.2d 83 (1989), a panel of the Superior Court considered a similar issue. It‘determined, under the circumstances of that case, that alimony payments should not be considered income to a wife-mother but that the father’s available income should be reduced by such payments of alimony. The court was influenced by the fact that the wife-mother was dependent upon the alimony which she received to support herself. It concluded, therefore, that income derived by her from alimony payments should not be a source of support for her children. The Court’s ruling, however appropriate to the facts of that case, as the Court realized, cannot be applied automatically to all [420]*420cases. Thus, the Court said specifically that alimony payments are not “automatically” to be included as income to the wife.

The trial court, in the instant case, failed to follow the teaching of Steinmetz, because it determined that alimony payments should be excluded as income to Susan but should not be excluded from that income to Lloyd which was available for child support. This was error. In fact, of Lloyd’s income of $3,500.00 per month, the sum of $1,820.00 per month is immediately earmarked as alimony to Susan. Thus, Lloyd has available for the support of himself and his children only $1,680.00 per month. This is approximately four hundred ($400.00) dollars per week and does not bespeak an ability to contribute to Rebecca’s college education without undue hardship to Lloyd and the two children living with him. See: Bedford v. Bedford, 386 Pa.Super. 349, 563 A.2d 102 (1989); Chesonis v. Chesonis, 372 Pa.Super. 113, 538 A.2d 1376 (1988).

In fact, however, the holding in Steinmetz v. Steinmetz, supra, has been superseded by the Rules of Civil Procedure adopting the Support Guidelines.

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Hyde v. Hyde
618 A.2d 406 (Superior Court of Pennsylvania, 1992)

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Bluebook (online)
618 A.2d 406, 421 Pa. Super. 415, 1992 Pa. Super. LEXIS 3782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyde-v-hyde-pasuperct-1992.