Savoy v. Savoy

641 A.2d 596, 433 Pa. Super. 549, 1994 Pa. Super. LEXIS 1320
CourtSuperior Court of Pennsylvania
DecidedMay 6, 1994
Docket500
StatusPublished
Cited by32 cases

This text of 641 A.2d 596 (Savoy v. Savoy) 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
Savoy v. Savoy, 641 A.2d 596, 433 Pa. Super. 549, 1994 Pa. Super. LEXIS 1320 (Pa. Ct. App. 1994).

Opinion

JOHNSON, Judge:

In this appeal of a parental support order, we are asked to determine whether a person is indigent, within the meaning of Section 3 of the Support Law of 1937 (Support Law), 62 P.S. § 1973, when her reasonable living expenses exceed her Social Security benefits, her sole source of income. We are also asked to determine whether the classification of relatives liable for support of indigent persons in Section 1973(a) of the Support Law has been repealed by the 1976 Amendments to the Public Welfare Code of 1967, 62 P.S. § 432.6, the classification of legally responsible relatives of public assistance applicants. With respect to the former, we apply the common law definition of indigent to Section 1973 and conclude that a person is indigent if her reasonable living expenses exceed her Social Security benefits, her sole source of income. With respect to the latter, this Court answered that question in Verna v. Verna, 288 Pa.Super. 511, 432 A.2d 630 (1981), and we now reaffirm our determination that Section 432.6 did not repeal the classification of relatives liable for the support of indigent persons in Section 1973(a). Accordingly, we affirm the order directing Marcus J. Savoy (Son) to pay $125 per month directly to the medical care providers of Joan M. Savoy (Mother) for her past medical care expenses.

Prior to 1986, Mother had been financially independent and regularly employed. In early 1986, Mother initially became unemployed to undergo and to recover from neck surgery. When she returned to work, Mother slipped and fell, sustaining soft tissue injuries to her head, neck, and back, and a broken right ankle. Since her fall, Mother has been unem *552 ployed due to her continuing medical difficulties. Mother received periodic payments through Workmen’s Compensation, which were later commuted to a lump sum payment of $25,000, all of which has been exhausted. Mother receives Social Security disability benefits in the amount of $362 per month, and Supplemental Security Income benefits in the amount of $76.40 per month, for a total monthly income of $438.40. Mother’s monthly expenses are $940. Although Mother presently has medical insurance for her continuing medical difficulties, she has unpaid medical expenses in excess of $10,000, which neither Workmen’s Compensation nor any other insurance covered.

Son is an officer, shareholder, and manager in the family-owned furniture manufacturing business. Son, who has no dependents, has a net monthly income of $2,327 per month. Son’s reported net monthly expenses are $2,583 per month, an amount in excess of his income.

In September 1989, Mother filed a Complaint for Support, pursuant to 62 P.S. § 1973, against Son. Son filed Preliminary Objections in the nature of a demurrer challenging the statutory basis of the support request and alleging that Mother lacked standing to bring the support action. The trial court denied Son’s Preliminary Objections and ordered that a hearing be scheduled before a Master. The Master conducted hearings on April 3, April 25, and May 30, 1990. On June 26, 1990, the Master filed a proposed order directing Son to financially assist Mother by paying $125 per month to her medical care providers for past medical care expenses. Son filed exceptions to the Master’s proposed order, and Mother filed cross-exceptions which she later withdrew. The parties requested that the trial court delay its decision on the exceptions to permit the negotiation of a settlement. The parties were unsuccessful in their attempt to negotiate a settlement, and after a significant lapse of time, Mother asked the trial court to enter its decision on the exceptions. On June 18, 1993, the trial court issued an order denying Son’s exceptions and affirmed the Master’s proposed order. Son appeals.

*553 Preliminarily, we note that Son has failed to provide a separate Statement of the Questions Involved as required by Pa.R.A.P, Rules 2111 and 2116. However, Son raises two issues in the Argument section of his brief which suggest that these are the specific issues we are asked to review: (1) is a child required to pay support for his/her parent, and (2) if yes, is Mother indigent within the meaning of 62 P.S. § 1973. Since Son’s failure to comply with our Rules of Appellate Procedure does not impede our ability to review the issues, we will address the merits of this appeal.

Our standard of review in support matters is well settled; “absent an abuse of discretion, we will not disturb on appeal a properly entered support order.” Depp v. Holland, 431 Pa.Super. 209, 211, 636 A.2d 204, 205 (1994); see also Commonwealth ex reí. Pnce v. Campbell, 180 Pa.Super. 518, 520, 119 A.2d 816, 817 (1956). In the present case, the trial court ordered Son to make payments of $125 per month to Mother’s medical care providers for her past medical care expenses. This support order was issued pursuant to 62 P.S. § 1973(a), which provides, in pertinent part:

§ 1973. Relatives liable for the support of indigent person; procedure to enforce support
(a) The husband, wife, child, ... father and mother of every indigent person, whether a public charge or not, shall, if of sufficient financial ability, care for and maintain, or financially assist, such indigent person at such rate as the court of the county, where such indigent person resides shall order or direct____

Thus, this support statute expressly grants the trial court the authority to order the child of an indigent person to care for, maintain or financially assist the indigent person provided the child is financially able to do so. The duty of parental support is created by statute, for “[a]t common-law, an adult child has no duty or obligation to contribute to the support of his parents.” Albert Einstein Medical Center v. Forman, 212 Pa.Super. 450, 454, 243 A.2d 181, 183 (1968).

*554 In the present case, Son claims that 62 P.S. § 1973, insofar as it identifies relatives liable for support of an indigent person, was repealed by 62 P.S. § 432.6. We disagree. Section 432.6 relates to support from legally responsible relatives against whom the Commonwealth may file suit for non-support of an applicant for public assistance, and it repealed Section 1973 only to the extent that it is inconsistent therewith. See Verna, 288 Pa.Super. at 516, 432 A.2d at 633. Section 432.6 limits legally responsible relatives to “spouses and the parent for an unemancipated minor child.” 62 P.S. § 432.6(d). Section 1973 identifies persons who are liable for the support of an indigent person, i.e., husband, wife, child, mother and father, without regard to whether the indigent person receives public assistance. In Verna, swpra,

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Bluebook (online)
641 A.2d 596, 433 Pa. Super. 549, 1994 Pa. Super. LEXIS 1320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savoy-v-savoy-pasuperct-1994.