Karp v. Karp

686 A.2d 1325, 455 Pa. Super. 21
CourtSuperior Court of Pennsylvania
DecidedDecember 27, 1996
Docket01906, 02115
StatusPublished
Cited by15 cases

This text of 686 A.2d 1325 (Karp v. Karp) 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
Karp v. Karp, 686 A.2d 1325, 455 Pa. Super. 21 (Pa. Ct. App. 1996).

Opinion

MONTEMURO, Judge.

This case presents cross-appeals from an order on remand awarding. Appellee/cross Appellant Amy Karp $45,670 per month unallocated, tax free alimony pendente lite and child support for the maintenance of herself and the parties’ four children.

The parties were married in January of 1983, when Appellee was a 20 year-old university student, and Appellant at age 39, was already a successful businessman with a net income in the range of $2 to $4 million per year. His income has since increased significantly, so that counsel was willing to stipulate Appellant’s yearly net earnings at something over $5 million.

The marriage ended in 1990, after the parties had produced four children and moved from a townhouse apartment in Philadelphia to an estate in the suburbs. A temporary support order was entered in February of 1990, and reaffirmed in July. After a Master’s hearing, Appellee was awarded $33,000 per month unallocated child support and APL, as well as $3,000 per month arrearages. The trial court confirmed this order, and Appellant filed exceptions, pursuant to which six days of de novo hearings were held. Following the testimony, an order was entered awarding Appellee $45,068 per month combined APL and child support as well as $5,000 per month arrearages. An appeal was taken to this court.

We found that the trial court’s opinion failed to supply the analysis required by Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), and offered no specific findings as to the factors it considered in determining the APL amount. We therefore remanded so that these omissions could be corrected. The trial court filed two opinions supplementing its earlier decision, and entered the order from which this appeal is taken, awarding the same amount as the previous order, and making the award retroactive to the filing of the divorce *25 complaint/support petition on Jan. 22, 1990. It should be noted that in addition to the monthly APL and child support, Appellant also makes direct disbursements for private school tuition and uniforms, music and other lessons, summer camps, religious memberships and instruction for the children, as well as medical and dental insurance for Appellee and the children, and all unreimbursed medical costs. There is not now, nor has there ever been, any question as to Appellant’s ability to pay.

Appellant ostensibly presents five issues. The main thrust of these is that the support award is too high, unsupported by sufficient findings of fact, i.e., inconsistent with how the parties lived preseparation, and diametrically opposed to what he describes as the values he wishes to instill in his children. Moreover, Appellant requests that if the case is remanded for further findings, as he believes is necessary, a new judge be assigned. As two of his claims on appeal, Appellant also insists that he owes no arrearages for the period during which the parties were separated but living in the same house. In response, Appellee cross-appeals on the basis that the trial court’s award of $5,000 per month arrearages is too little to reimburse the amount owed within a reasonable time. We will address all of these matters, although not necessarily in the order presented.

Where the combined incomes of the parties exceeds the outer limits of the guidelines grid, the formula enunciated in Melzer, supra, is to be applied by the trial court in fashioning its award. Pa.R.C.P.1910.16-5(d); Branch v. Jackson, 427 Pa.Super. 417, 629 A.2d 170 (1993). Our scope of review with respect to assessing the propriety of support awards is a narrow one: the amount of support awarded is largely within the sound discretion of the trial court whose decision will not be disturbed absent a clear abuse of that discretion. Melzer, 505 Pa. at 475, n. 8, 480 A.2d at 997 n. 8. Appellate review of an APL award is similarly gauged by an abuse of discretion standard. Jayne v. Jayne, 443 Pa.Super. 664, 663 A.2d 169 (1995).

*26 Appellant advances a multipartite claim that the trial court, in reinstating the previous support order in the amount of $45,670 per month, erred because it failed to base its award on the children’s reasonable needs; failed to base the APL award on the parties’ preseparation standard of living; based the award exclusively on Appellant’s income; and violated Melzer by requiring Appellant to pay for “extras” of which he does not approve. In this issue and the next, Appellant argues that the trial court failed to provide reviewable findings to support its decisions.

We first note, germane to all of these claims, that the trial court found Appellant’s testimony on the costs of his children’s reasonable needs and on the parties’ standard of living to be incredible, due largely to his ignorance of household expenses rather than out of a desire to mislead. Appellant’s testimony on some of the details of such spending, e.g., the clothing expenses of the children and of Appellee, are, as the trial court notes, very good examples of his lack of reliable information. We doubt that when taken to meet the President of the United States, as Appellant arranged for his children to do, they were at the same time required to wear the $5 tee shirts he insists constitute their wardrobes.

However, part of Appellant’s position on the standard of living issue proceeds from a professed desire to instill principles of public service, thrift, and egalitarianism in his children. 1 Again, as the trial court correctly points out, such values, while laudable, are taught by the parents, not the objects which compose a child’s surroundings. That Appellant has not grasped this distinction is apparent, among other things, from his denial that his property is an estate or his house a mansion. However, a 20-room dwelling on 11 acres of landscaped property in an exclusive neighborhood remains an estate regardless of the age of the appliances or the inelegance of the furniture. Insisting that his home is merely a house in the suburbs, modestly appointed, and lacking recent *27 renovation, does not transform it into a three bedroom split level on a half-acre plot in a subdivision, nor should it.

This court has stated over and over that the purpose of a support order, such as that under review, is “to secure such an allowance to wife and child as is reasonable, having in mind the husband’s property and earning capacity and the station in life the parties.” Commonwealth ex re Kallen v. Kallen, 200 Pa.Super. 507, 508-9, 190 A.2d 175, 176 (1963). Moreover, “a wealthy father has the legal duty to give his children the ‘advantages’ which his financial status indicates to be reasonable.” Branch, 427 Pa.Super. at 420, 629 A.2d at 171. (quoting Hecht v. Hecht, 189 Pa.Super. 276, 150 A.2d 139 (1959)). Most pertinently, this court has observed that

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Bluebook (online)
686 A.2d 1325, 455 Pa. Super. 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karp-v-karp-pasuperct-1996.