Prud'homme v. Prud'homme

48 Pa. D. & C.4th 182, 2000 Pa. Dist. & Cnty. Dec. LEXIS 229
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedSeptember 28, 2000
Docketno. DR-99-00819
StatusPublished

This text of 48 Pa. D. & C.4th 182 (Prud'homme v. Prud'homme) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prud'homme v. Prud'homme, 48 Pa. D. & C.4th 182, 2000 Pa. Dist. & Cnty. Dec. LEXIS 229 (Pa. Super. Ct. 2000).

Opinion

BLACK, J.,

At issue in this case is the request of plaintiff, Rosemarie Prud’homme (Wife), for alimony pendente lite from defendant, Laurence Prud’homme (Husband). Before the court is Husband’s motion that Wife be compelled to itemize the disposition of all funds received on account of support since July 15, 1999, and to produce copies of the following: (1) her retainer agreement with her attorney, (2) all bills and statements submitted by her attorney to her, and (3) all checks written by her and other documents relating to her expenses after the date of the parties’ separation. Wife objects to providing this information and producing these documents on the ground that the information and documents are not relevant to a determination of APL and are not reasonably calculated to lead to the discovery of admissible evidence.1 Husband contends that Wife must first establish financial need through an in[184]*184come and expense analysis before she qualifies for APL, and therefore that her post-separation expenses are relevant. We believe that Wife’s position is correct, and therefore Husband’s motion to compel is denied.

Husband’s request for a special listing of Wife’s APL claim, pursuant to Pa.R.C.P. 1910(j)(l), was granted on September 23, 1999. The specific issues to be resolved, as identified by the parties’ counsel in a telephone conference with the court, were: “(a) the monthly net income of defendant, (b) the earning capacity of plaintiff, (c) whether plaintiff is entitled to an award of alimony pendente lite in view of her assets, (d) whether defendant is entitled to receive credit for direct payments made by him for support of plaintiff, and (e) if it is determined that there are arrearages, whether they should be paid in one lump sum or in installments.”2

On January 25, 2000, Husband’s motion to compel answers to interrogatories and the production of documents was denied on the ground that Wife’s post-separation expenses were not discoverable. The court held that under the 1993 amendments to the support rules, the amount of support, whether it be child support, spousal support, or APL, is to be determined in accordance with the Uniform Support Guidelines. Pa.R.C.P. 1910.16-1(b). Since Wife had stipulated that she had no unusual expenses and was seeking only a guideline amount of APL, her post-separation expenses were not relevant to a determination of her APL claim and were not reasonably calculated to lead to admissible evidence.3 See [185]*185Prud’homme v. Prud’homme, 48 Lehigh L J. 797 (2000). Husband’s petition for reconsideration and argument en banc was granted in light of the prior unpublished decision of this court in Haas v. Haas, Lehigh County CCP no. 97-FC-1394 (June 19, 1998) (Steinberg, J.).

I. HISTORICAL PERSPECTIVE

Before adoption of the Uniform Support Guidelines, spousal support was determined by considering the reasonable financial needs of the dependent spouse and the reasonable ability of the payor spouse to pay. Relevant factors were the parties’ respective earning capacities and property as well as their standard of living during the marriage. Commonwealth ex rel. Bulson v. Bulson, 278 Pa. Super. 6, 419 A.2d 1327 (1980). The trial court had broad discretion to determine the amount of support, so long as it did not exceed one-third of the payor spouse’s net income. McGavic v. McGavic, 222 Pa. Super. 246, 294 A.2d 795 (1972). The court was to take into account the parties’ mode of living while they lived together, not the dependent spouse’s reduced lifestyle after separation. Id.

Similarly, before adoption of the Uniform Support Guidelines, APL was also determined on the basis of the reasonable financial needs of the dependent spouse and the reasonable ability of the payor spouse to pay. The same factors, i.e., the parties’ earning capacities and property along with their standard of living during the marriage were to be considered. DeMasi v. DeMasi, 366 Pa. Super. 19, 38, 530 A.2d 871, 880 (1987), appeal denied, 517 Pa. 631, 539 A.2d 811 (1988); see also, Orr v. Orr, 315 Pa. Super. 168, 172, 461 A.2d 850, 852 (1983) (“the husband’s ability to pay, the separate estate and [186]*186income of the wife, and the character, situation, and surroundings of the parties”).

As in the case of spousal support, the trial court had broad discretion to determine the amount of APL, subject to the limitation that it not exceed one-third of the payor spouse’s net income. Wechsler v. Wechsler, 242 Pa. Super. 356, 363 A.2d 1307 (1976). As in the case of spousal support, the award was to allow the dependent spouse to maintain the same standard of living that she had enjoyed while the parties lived together. Orr v. Orr, supra.

With respect to child support, the relevant factors were exhaustively reviewed by the Pennsylvania Supreme Court in Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984). To arrive at an award of child support, a court first had to determine the needs of the child in view of the station of life of the child’s parents. Then the court would determine the respective abilities of the parents to support the child in view of their property, incomes and earning capacities. The formula set forth in Melzer v. Witsberger continues to be used to determine child support in those cases where the parties’ incomes exceed the levels set forth in the Uniform Support Guidelines.

Thus, prior to the enactment of the Uniform Support Guidelines, all forms of support, whether it be spousal support, APL or child support, required the court to determine the recipient’s needs based on the parties’ standard of living while they lived together or their station in life, and the payor’s ability to pay considering his/her income, property and earning capacity. In 1985 the Pennsylvania Superior Court in McNulty v. McNulty, 347 Pa. Super. 363, 500 A.2d 876 (1985) summarized the rela[187]*187tionship between spousal support, APL and alimony as follows:

“[A] 11 three are species of support and as such, the relevant considerations in arriving at the amount[s] are those elemental to any support order: duty of the obligor, need of the obligee, and ability to pay on the part of the obligor. . . . The difference in case posture controls the procedure but does not alter the underlying considerations and assessment of the support amount, except for the duration.” 347 Pa. Super, at 371-72, 500 A.2d at 880.

In Remick v. Remick, 310 Pa. Super, 23, 456 A.2d 163 (1983) (en banc), the Superior Court addressed the duration of APL and spousal support.

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Commonwealth Ex Rel. Homsher v. Homsher
432 A.2d 1076 (Superior Court of Pennsylvania, 1981)
DeMasi v. DeMasi
530 A.2d 871 (Supreme Court of Pennsylvania, 1987)
McNulty v. McNulty
500 A.2d 876 (Supreme Court of Pennsylvania, 1985)
Calibeo v. Calibeo
663 A.2d 184 (Superior Court of Pennsylvania, 1995)
Ball v. Minnick
648 A.2d 1192 (Supreme Court of Pennsylvania, 1994)
Remick v. Remick
456 A.2d 163 (Superior Court of Pennsylvania, 1983)
Melzer v. Witsberger
480 A.2d 991 (Supreme Court of Pennsylvania, 1984)
Hanson v. Hanson
110 A.2d 750 (Superior Court of Pennsylvania, 1955)
McGavic v. McGavic
294 A.2d 795 (Superior Court of Pennsylvania, 1972)
Leister v. Leister
684 A.2d 192 (Superior Court of Pennsylvania, 1996)
Commonwealth Ex Rel. Bulson v. Bulson
419 A.2d 1327 (Superior Court of Pennsylvania, 1980)
Musko v. Musko
697 A.2d 255 (Supreme Court of Pennsylvania, 1997)
Wechsler v. Wechsler
363 A.2d 1307 (Superior Court of Pennsylvania, 1976)
Orr v. Orr
461 A.2d 850 (Supreme Court of Pennsylvania, 1983)
Terpak v. Terpak
697 A.2d 1006 (Superior Court of Pennsylvania, 1997)

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Bluebook (online)
48 Pa. D. & C.4th 182, 2000 Pa. Dist. & Cnty. Dec. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prudhomme-v-prudhomme-pactcompllehigh-2000.