Mascaro v. Mascaro

764 A.2d 1085, 2000 Pa. Super. 380, 2000 Pa. Super. LEXIS 4101
CourtSuperior Court of Pennsylvania
DecidedDecember 13, 2000
StatusPublished
Cited by3 cases

This text of 764 A.2d 1085 (Mascaro v. Mascaro) 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
Mascaro v. Mascaro, 764 A.2d 1085, 2000 Pa. Super. 380, 2000 Pa. Super. LEXIS 4101 (Pa. Ct. App. 2000).

Opinions

BECK, J.:

¶ 1 In this appeal, we decide whether the support guidelines, Pa.R.C.P.1910.16-1-1910.16-7, are applicable to spousal support where the parties’ after-tax monthly income exceeds $15,000. We conclude they are not and hold that a reasonable needs analysis is required in the calculation of spousal support in high income cases. Accordingly, we affirm the trial court.

¶ 2 Rosemary Mascaro (Wife) and Joseph Mascaro (Husband) have one child, born on November 14, 1984. Wife filed a petition for support for herself and the child. At a de novo hearing the trial court determined that Husband’s after tax monthly income was $51,799. The court made an unallocated award of $13,000 for child and spousal support. The award was calculated pursuant to Karp v. Karp, 455 Pa.Super. 21, 686 A.2d 1325 (1996), using the reasonable needs analysis outlined in Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). Both parties appeal from that order.

¶ 3 Wife presents six questions for our review:

1. Whether spousal support for Wife should be calculated based upon this Court’s ruling in Terpak v. Terpak, 697 A.2d 1006 (Pa.Super.1997)?
2. Whether child support should be based upon a presumptive minimum amount calculated according to the Supreme Court’s Support Guidelines plus an additional amount, if necessary to meet the needs of the parties’ minor child, calculated pursuant to an analysis under Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984)?
3. Whether the full amount of Wife’s expenses should be considered in her action for child and spousal support?
4. Whether perquisites received by Husband should be added to his income for purposes of calculating child and spousal support?
5. Whether counsel fees incurred by Wife should be considered in her action for child and spousal support?
6. Whether Wife was entitled to an expedited procedure in her action for child and spousal support?

Brief for Appellant/Cross Appellee at 5.

¶ 4 On cross appeal, Husband raises the following seven issues:

1. Whether spousal support should be based upon Wife’s reasonable needs, and the custom and financial status of the parties?
2. Whether child support should be based upon a presumptive minimum amount calculated according to the Supreme Court’s Support Guidelines plus an additional amount, if necessary to meet the needs of the parties’ minor child, calculated pursuant to an analysis under Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984)?
3. Whether the trial court erred by failing to differentiate the child’s reasonable needs from Wife’s reasonable needs and failing to state Husband’s reasonable expenses pursuant to Melzer, supra ?
4. Whether the trial court erred by overstating Wife and child’s reasonable needs?
5. Whether perquisites received by Husband and Wife should be added to Husband’s income for purposes of calculating child and spousal support?
[1087]*10876. Whether the trial court [erred] by denying Wife’s request for counsel fees?
7. Whether Wife was entitled to an expedited procedure in her action for child and spousal support? 1

Brief for Appellee/Cross-Appellant at 2.

¶ 5 The crux of these appeals is the claim that the trial court erred in its application of the law when calculating both spousal and child support and has therefore entered an award that is either too low or too high. With regard to spousal support, Wife claims that in Terpak, supra, this Court held that the calculation of spousal support in high income cases must adhere to the guideline formula.2 She therefore argues that the trial court erred when it calculated the support award pursuant to Melzer, supra. She insists the Melzer factors may only be applied to child support in high income cases but not to spousal support. Husband counters that there is appellate authority for the proposition that Melzer is applicable to establish spousal support in the following decisions of this Court: T. Calabrese v. J. Calabrese, 448 Pa.Super. 166, 670 A.2d 1161 (1996); S. Calabrese v. M. Calabrese, 452 Pa.Super. 497, 682 A.2d 893 (1996); and Karp, supra. Moreover, he argues that Terpak is not precedential on this issue because the reference to the guideline formula was merely dicta.3

¶ 6 As an initial matter, we find that the question before us-whether the guidelines are applicable to calculate spousal support where household income exceeds the maximum amount covered by the support guidelines-is a matter of .first impression. Moreover, the guidelines themselves are silent on the issue. See Pa.R.C.P.1910.16-1, et seq.

¶ 7 Generally, under Pennsylvania law, support awards are based on a determination of the reasonable needs of the child or spouse receiving support and the ability of the obligor to provide support. 23 Pa.C.S. § 4322. In addition support awards are premised on the principle that individuals who are similarly situated shall be treated similarly. Id. To assure that these objectives are met, the Pennsylvania Supreme Court promulgated a set of rules, Pa. R.C.P.1910.16-1-1910.16-7, which collectively make up our support guidelines.4

[1088]*1088See Pa.R.C.P.1910.16-l(b).

¶ 8 The basis for the guidelines is a mathematical model which results in support awards that satisfy these objectives. That is to say that calculations of support made using the guidelines, Pa.R.C.P. 1910.16-4, provide for the reasonable needs of the child or spouse and are based on the obligor’s ability to pay. See Pa. R.C.P.1910.16-l(d) (stating amount of support determined from guidelines is presumptively correct). In Ball v. Minnick, 538 Pa. 441, 451, 648 A.2d 1192, 1197 (1994), the Supreme Court explained that the “reasonable needs of child as well as reasonable expenses of obligor are factored into the guidelines.” In addition, the model provides that individuals who are similarly situated will be treated similarly.

¶ 9 The guidelines are based on economic data drawn from national studies of household expenditures in intact families by income level. The mathematical model covers families with monthly income from $600.00 to $15,000.00. Pa.R.C.P.1910-16-1, Explanatory Comment-1998 A. Under the guidelines support awards are equal to the amount of money that would have been expended on a child had his or her family remained intact.

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Related

Mascaro v. Mascaro
803 A.2d 1186 (Supreme Court of Pennsylvania, 2002)
Riley v. Foley
783 A.2d 807 (Superior Court of Pennsylvania, 2001)
Mascaro v. Mascaro
764 A.2d 1085 (Superior Court of Pennsylvania, 2000)

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Bluebook (online)
764 A.2d 1085, 2000 Pa. Super. 380, 2000 Pa. Super. LEXIS 4101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mascaro-v-mascaro-pasuperct-2000.