Ritter v. Ritter

518 A.2d 319, 359 Pa. Super. 12, 1986 Pa. Super. LEXIS 13376
CourtSupreme Court of Pennsylvania
DecidedDecember 5, 1986
Docket283
StatusPublished
Cited by57 cases

This text of 518 A.2d 319 (Ritter v. Ritter) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ritter v. Ritter, 518 A.2d 319, 359 Pa. Super. 12, 1986 Pa. Super. LEXIS 13376 (Pa. 1986).

Opinion

*15 TAMILIA, Judge:

Appellant/husband filed a divorce action against ap-pellee/wife on September 9, 1985. The present matter was commenced by appellee’s answer’s request for alimony pen-dente lite or spousal support and for child support for the parties’ two-year old son, Jason. 1 After review, the Domestic Relations Officer recommended an award of $350 per month spousal support and $500 per month child support, for a total of $850 per month. Following a de novo hearing, the lower court basically adopted the recommendations of the Domestic Relations Officer but decreased the spousal support to $300 per month and also ordered payment of $50 per month on account of the arrearages. Appellant timely appealed this Order.

Appellant seeks to alter the lower court’s spousal support Order by claiming that the court erred in failing to take into account appellant’s reasonable expenses in setting the spousal support Order. We find appellant’s attempt to appeal the spousal support Order premature. This portion of the appellant’s appeal is controlled by Fried v. Fried, 509 Pa. 89, 501 A.2d 211 (1985), in which our Supreme Court held that interim relief orders in divorce cases are “interlocutory and thus not reviewable until final disposition of the case.” In discussing alimony pendente lite, the Supreme Court explained:

[I]t was previously held that the payor spouse was entitled to immediate appeal because the amounts paid under such order would be irretrievable. This reasoning, how *16 ever, fails under the Divorce Code of 1980. As stated in Judge Beck’s dissent, “... the new provisions of the Divorce Code authorizing equitable distribution of marital property and permanent alimony have taken away any reason to fear that funds once paid out pursuant to an interim award are unrecoverable.” Sutliff[v. Sutliff] supra, 326 Pa.Super. [496] at 504, 474 A.2d [599] at 603 [(1984)] (Beck, J., dissenting). In the event that an initial award of interim relief is granted in error, the court has the power to make adjustments in the final settlement via the equitable division of marital property, permanent alimony, and/or the final award of attorney’s fees and costs. Thus, under the new Code the conclusion that a grant of interim financial relief may result in the irreparable loss of a claimed right cannot be supported. We hold, therefore, that such an order is interlocutory and thus not reviewable until final disposition of the case.

Id., 509 Pa. at 96, 501 A.2d at 215. While Fried dealt with an Order issued pursuant to section 502 of the Divorce Code, 23 P.S. § 502, we hold the same “strong policy considerations” apply to a spousal support Order. Spousal support and alimony pendente lite are indistinguishable in the context of a divorce action. Therefore, we are without jurisdiction to entertain appellant’s interlocutory appeal as to spousal support and accordingly quash that portion of the appeal. 2

Appellant’s remaining arguments involve the child support portion of the Order. We would distinguish child support from spousal support in a divorce action as the same considerations do not apply. In Fried, supra, the Supreme Court made clear that any inequities that might arise between husband and wife as to alimony or support can be rectified when their mutual property claims are *17 adjusted. This is not the case with child support since the child has no claim on the division of marital property. In addition, while the adults can generally look to other sources of revenue to maintain themselves during litigation, the child is totally dependent on its parents for support; its needs are immediate and continuing, and in particular, any deficiency is unlikely to be recovered. We believe the child support Order requires review to protect the interest of the child, to avoid hardship, and to assure uninterrupted maintenance by its parents.

Appellant claims the trial court erred in entering a child support Order in excess of the child’s properly calculated needs and in failing to take into account the reasonable expenses of the appellant in setting the child support Order. Our scope of review in support cases is limited. It is within the trial court’s discretion to determine the amount of a support Order, and its judgment should not be disturbed on appeal absent a clear abuse of that discretion. Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984); Commonwealth ex rel. Loring v. Loring, 339 Pa.Super. 92, 488 A.2d 324 (1985). “On appeal, a trial court’s child support order will not be disturbed unless there is insufficient evidence to sustain it or the court abused its discretion in fashioning the award.” Fee v. Fee, 344 Pa.Super. 276, 279, 496 A.2d 793, 794 (1985); Commonwealth ex rel. Robinson v. Robinson, 318 Pa.Super. 424, 465 A.2d 27 (1983). A finding of abuse will be made only upon a showing of clear and convincing evidence. Koller v. Koller, 333 Pa.Super. 54, 481 A.2d 1218 (1984).

In attacking the child support Order, appellant argues the lower court did not properly apply the support formula enunciated in Melzer, supra. 3 Appellant relies upon the income and expense statement appellee filed with the Domestic Relations Officer, which is a part of the Domestic Relations Officer’s report and is contained in the certified *18 record on appeal to this Court. Appellant maintains that a child support award of $500 is inconsistent with the $211 amount appellee had calculated to be the reasonable needs of the child and which appears on the income and expense statement in the record.

In opposition to appellant, appellee contends that in determining the support award the lower court considered her Plaintiffs Exhibit B, which is a revised income and expense statement, submitted during the hearing, with a substantially higher amount for the reasonable needs of the child. Appellee states:

Unfortunately, the Appellant’s entire arguement [sic] and case is based upon the fact that Plaintiff’s Exhibit B does not exsist [sic] or is a different type of Exhibit. However, Plaintiff’s Exhibit B does exsist [sic] as set forth in the Supplemental Reproduced Record given to the Court by the Appellee. Certainly the Court took this into consideration when making its decision.

Brief for Appellee at 5.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Spiritrust Lutheran v. Wagman Construction, Inc.
2024 Pa. Super. 80 (Superior Court of Pennsylvania, 2024)
Mann, C. v. Mann, M.
Superior Court of Pennsylvania, 2021
Com. v. Trapp, S.
Superior Court of Pennsylvania, 2020
In the Interest of: D.C., Appeal of: J.B.
Superior Court of Pennsylvania, 2020
In the Interest of: D.S., Appeal of: S.C.
Superior Court of Pennsylvania, 2020
Giles, S. v. Giles, D.
Superior Court of Pennsylvania, 2019
Com. v. Cosby Jr., W.
2019 Pa. Super. 354 (Superior Court of Pennsylvania, 2019)
F.E.S. v. A.L.S., III
Superior Court of Pennsylvania, 2019
M.M.F. v. V.A.F.
Superior Court of Pennsylvania, 2018
Klinger, T. v. Geiger, E.
Superior Court of Pennsylvania, 2016
Commonwealth v. Walker
878 A.2d 887 (Superior Court of Pennsylvania, 2005)
Hawley v. Commissioner IRS
94 F. App'x 126 (Third Circuit, 2004)
Capuano v. Capuano
823 A.2d 995 (Superior Court of Pennsylvania, 2003)
Gilbert v. Comm'r
2003 T.C. Memo. 92 (U.S. Tax Court, 2003)
Diament v. Diament
771 A.2d 793 (Superior Court of Pennsylvania, 2001)
Thomas v. Thomas
760 A.2d 397 (Superior Court of Pennsylvania, 2000)
Deasy v. Deasy
730 A.2d 500 (Superior Court of Pennsylvania, 1999)
Shellhamer v. Shellhamer
688 A.2d 1219 (Superior Court of Pennsylvania, 1997)
Leister v. Leister
684 A.2d 192 (Superior Court of Pennsylvania, 1996)
Calibeo v. Calibeo
663 A.2d 184 (Superior Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
518 A.2d 319, 359 Pa. Super. 12, 1986 Pa. Super. LEXIS 13376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ritter-v-ritter-pa-1986.