R.K.J. v. S.P.K.

77 A.3d 33, 2013 Pa. Super. 259, 2013 WL 5371963, 2013 Pa. Super. LEXIS 2680
CourtSuperior Court of Pennsylvania
DecidedSeptember 26, 2013
StatusPublished
Cited by38 cases

This text of 77 A.3d 33 (R.K.J. v. S.P.K.) 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
R.K.J. v. S.P.K., 77 A.3d 33, 2013 Pa. Super. 259, 2013 WL 5371963, 2013 Pa. Super. LEXIS 2680 (Pa. Ct. App. 2013).

Opinion

OPINION BY

MUSMANNO, J.:

S.P.K. appeals from the Order denying his Motion for paternity testing and join-der of parties, directing that the child support Order for the minor child, A.Q.K., “remain in full force and effect,” and releasing escrowed payments of child support for A.Q.K. to the minor child’s mother, R.K.J. We affirm.

The pertinent facts of this case are as follows:

The child at issue in this case, A.Q.K., was born on July 26, 2004. At the time of the child’s birth, R.K.J. was legally married to [R.J., Sr.]. R.K.J. and [R.J., Sr.] separated in October of 2003. A divorce complaint was filed on June 28, 2004_A marriage settlement agreement was signed on January 13, 2006[,] and was filed with the [trial e]ourt on January 20, 2006. A divorce decree was entered on February 9, 2006.
R.K.J. and S.P.K. had an “on again off again” relationship for two (2) years prior to the child’s birth. The parties resumed their relationship around Christmas of 2003. The parties became engaged and moved in together in February of 2004. The parties lived together for approximately six (6) years after the child was born but never married.
S.P.K. was present at the child’s birth and signed an Acknowledgement of Paternity. S.P.K. asserts that at the time of the child’s birth, he believed that R.K.J. was divorced from her husband. S.P.K. admitted that he was aware that A.Q.K. was not his biological child. S.P.K. admitted that A.Q.K. and R.K.J. resided with him for the six (6) years they were together and that he claimed A.Q.K. on his federal taxes. A.Q.K. refers to S.P.K. as “dad” and [] S.P.K. held the child out to be his. S.P.K. financially supported A.Q.K. since his birth....
R.K.J. also admitted that she held the child out to be the biological child of [ ] S.P.K. The parties broke up and R.K.J. filed [a Complaint] for child support. After a child support order was entered [on April 29, 2010], S.P.K. filed a Motion requesting an evidentiary hearing and paternity testing!

Trial Court Opinion, 1/17/13, at 2-3 (footnotes added, citations omitted).

Subsequently, S.P.K. requested a hearing de novo. Praecipe for Hearing De Novo, 10/1/10. The hearing officer took judicial notice of the September 2010 Order, denying S.P.K.’s request for paternity testing, and noted that the parties had agreed to stipulate to their net incomes and the amount of a support guidelines order. Findings of Fact, 11/16/10, at 3. Thus, by agreement of the parties, the hearing officer recommended that S.P.K. pay $697 per month for current child support and $25 per month toward arrears. Id.

On December 3, 2010, S.P.K. filed Exceptions to the hearing officer’s report and “Continuing Objection to Paternity.” After a hearing, the trial court denied S.P.K.’s Exceptions on January 27, 2011. S.P.K. then filed a timely appeal to this Court.

On August 23, 2011, this Court affirmed the trial court’s decision. R.K.J. v. S.P.K, 32 A.3d 841 (Pa.Super.2011) (unpublished memorandum). Subsequently, the Pennsylvania Supreme Court granted S.P.K.’s Petition for allowance of appeal, vacated this Court’s Order, and remanded this case to the trial court for further proceedings in accordance with the Supreme Court’s decision in K.E.M. v. P.C.S., 614 Pa. 508, 38 A.3d 798 (2012). In re R.K.J., 615 Pa. 3, 40 A.3d 1184 (2012).

On remand, S.P.K. filed a Motion to Renew Request for DNA Testing, requesting that he, R.J., Sr., and “the individual named by [R.K.J.] as [the] biological father, [T.C.,] be tested.” Motion to Renew Request for DNA Testing, 4/6/12. S.P.K. also filed a Motion for Joinder, requesting that R.J., Sr., Crum, “and/or the individual determined to be the biological father of the minor child be joined to this action.” Motion for Joinder, 9/26/12.

The trial court on remand appointed a guardian ad litem, and ordered that evaluation of A.Q.K. be conducted by Carol Hughes (“Hughes”), a licensed psychologist. After a hearing on December 13, 2012, the trial court entered an Order denying S.P.K.’s Motions for paternity testing and joinder of parties, and further ordered that “the child support [0]rder entered on April 29, 2010, is to remain in full force and effect and the payments that had been escrowed” be released to R.K.J. Order, 1/17/13. S.P.K. filed the instant timely appeal from the trial court’s Order, and a Concise Statement of Matters Complained of on Appeal pursuant to Pa.R.A.P. 1925(a) (2) (i).

S.P.K. raises the following issues on appeal:

1. Whether the Trial Court erred in applying an economic test of best interest rather than a psychological best interest test in finding that the fiction that S.P.K. is the biological father of the minor child (“Child”) should continue when the Pennsylvania Supreme Court’s decision, K.E.M. v. P.C.S. [614 Pa. 508], 38 A.3d 798 (2012), mandates application of a psychological best interest test?
2. Whether the Trial Court erred in finding that it was in the best interest of the Child to continue the fiction that S.P.K. is the Child’s biological father, as the record did not support such a finding?
3. Whether the Trial Court erred in not developing a record on whether it was in the Child’s psychological and [37]*37emotional best interest to continue the fiction that S.P.K. is the Child’s father?
4. Whether the Trial Court erred in denying S.P.K.’s motions for genetic testing and to join the Child’s biological father as a party to the support action; as per K.E.M. v. P.C.S., “All things being equal ... the responsibility for fatherhood should lie with the biological father.” 38 A.3d at 810; and further, whether the Court erred by attempting to determine what would be in the Child’s best interest without knowing the true biological father and including him in the proceedings?

Brief for Appellant at 4.

5.P.K. first contends that the trial court erred by applying an economic, rather than a psychological test of best interests to determine whether S.P.K. should continue to pay child support for A.Q.K. S.P.K. contends that the Pennsylvania Supreme Court’s decision in K.E.M. requires application of a psychological best interests test.

“Appellate review of support matters is governed by an abuse of discretion standard.” V.E. v. W.M., 54 A.3d 368, 369 (Pa.Super.2012). When evaluating a support order, this Court may only reverse the trial court’s determination where the order cannot be sustained on any valid ground. Kimock v. Jones, 47 A.3d 850, 853-54 (Pa.Super.2012).

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Bluebook (online)
77 A.3d 33, 2013 Pa. Super. 259, 2013 WL 5371963, 2013 Pa. Super. LEXIS 2680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rkj-v-spk-pasuperct-2013.